Not Being Paid for Music Being Used....Any advice?

[davidvignola]

Hello members! Well, this situation is new for me and I have no idea how to handle it. So, I am a BMI member and have been for many years. Over the last 3-4 years I have been receiving quarterly royalty checks for music that has been used on TV, Radio etc. Most of the music that is being placed is music I have with a couple of music Libraries.

Last year I read about a site called TUNESAT which I am sure a lot of you have heard of. I thought this woudl be a great idea to be able to somewhat keep track of when my music is being used and compare that to my quarterly royalty statements to ensure proper payment. How else do we as composers have any clue where and when our music is being placed? Anyway, I see that every few days I have music being used on many network and cable TV shows which is super exciting, However, when I receive my royalty statement from BMI 70% of the music being used for a specific quarter are not showing on my BMI statement. Meaning that is a song is used in the 4th quarter of 2014, when I receive that royalty statement for the 4th quarter the royalty is not there and is performance is not listed on the statement. I realize that not all cue sheets are submitted to BMI in the exact quarter that the music is used and those royalties could be paid out at a later time but some of my placement were used over a year ago and still no payment has been made to me.

I called BMI a few times and no one ever returns phone calls and the one time I spoke to someone they said to wait a few more quarters and if the money is not there then to call back which seems like a way to just get me off the phone. I have considered switching to ASCAP but my guess is they will be no better.

So my question is, why even bother with a serve like TUNESAT if you really have no way of collecting money that you have not been paid for and how in the heck do we as composers deal with this without hiring a lawyer to fight the battles? The money owed will be less than the cost of a lawyer. It's very frustrating to see on TUNESAT that I have music being played on NBC, FOX Sports and others and not being paid and I feel like I am totally helpless as a composers.

any advice or help would be so appreciated.

[Casey H]

Hi David
Yes, it's frustrating. It's not unreasonable to wait 1-2 more quarters and see because sometimes cue sheets are filed late.

A few things... If your usages were for promos (as opposed to actually being part of a show), they often won't pay PRO or won't pay without you being very proactive with your PRO. I don't have personal experience here but this is what I've read.

If your usages were on a channel that direct licenses such as Scripps Channels (Travel, Food Network, HGTV, DIY, etc.) there will most likely be no back end PRO at all. http://www.scrippsnetworksinteractive.com/our-brands/ ... There will only be back end for international broadcasts, if they happen, and that could take another 1-2 years.

I would definitely check in with your PRO after the next statement.

Best of luck!
Casey

[mojobone]

It's difficult information to get, but this is where knowing who you're working with and how they make their money helps you tremendously. If you're not treating your work as exclusive, it's hard to even know who's not paying you. For some usages you'll only ever see front end money; for others only back end and for promos, unless you're detected, no end at all. But at least with Tunesat, you can add some broadcaster logos to your 'as heard on' section of your website.It helps if you're with publishers who can swing a bigger bat when it comes to getting paid and/or hiring those lawyers, but it almost never comes to that; usually the answer is to be patient but ask the right questions whenever the opportunity presents.