Writer licensing directly to music supervisor

A creative space for business discussions.

Moderators: admin, mdc, TAXIstaff

Post Reply
User avatar
markismusic
Impressive
Impressive
Posts: 126
Joined: Wed Apr 25, 2018 5:21 pm
Gender: Male
Contact:

Writer licensing directly to music supervisor

Post by markismusic » Fri Jul 19, 2019 12:23 pm

Hey guys,
Searched the forum but didn't see anything on this.

I have a friend who knows a music supervisor and asked me if I wanted him to get in touch with her about pitching my music.
Awesome connection/opportunity but I want to make sure I don't look like an amateur if she ends up liking my stuff...

I'm wondering what to do if I am approached by a music supervisor to license tracks that don't have a publisher?
Do I have to go through the process of making a publishing company to collect royalties and get a contract for the license?
Is there a simpler/better way of doing this type of deal?
Last edited by markismusic on Tue Jul 23, 2019 5:04 pm, edited 1 time in total.

User avatar
eeoo
Serious Musician
Serious Musician
Posts: 3545
Joined: Tue Dec 08, 2009 9:26 pm
Gender: Male
Location: NorCal
Contact:

Re: Writer licensing directly to music supervisor

Post by eeoo » Fri Jul 19, 2019 12:30 pm

If i remember correctly, if you're with BMI you can claim 200% of the song (100% writer's share, 100% publisher's share) and they will collect publishing royalties for you. With ASCAP I believe you need to create a publishing entity and it costs a few bucks, but not prohibitive as I recall, like maybe $40ish.

I'm with BMI and I've collected publishing royalties without creating a publishing company.

User avatar
andygabrys
Total Pro
Total Pro
Posts: 5421
Joined: Sun Jan 02, 2011 10:09 pm
Gender: Male
Location: Summerland, BC by way of Santa Fe, Chilliwack, Boston, NYC
Contact:

Re: Writer licensing directly to music supervisor

Post by andygabrys » Fri Jul 19, 2019 12:38 pm

Good questions:

It was said to me by a contact at BMI that "when you need to create a publishing company you will know it".

IMO this is that time for you. If you are having frequent uses of your music by agencies or music sups that don't take a song share then its cleanest and most professional to set up a publishing company.

Notwithstanding the fact that BMI and SOCAN allow you to register a song as just a writer - In BMI's case you register the song as 100% writer, not publisher, and then when the registration is finalized it says "excess writer clearance". When a use shows up on a cue sheet it is supposed to be right and you get the writers and publishers shares. As Ethan said above.

I don't know for sure as I have had a publishing company set up from the start as one of my first uses was a direct to agency commercial and to get both sides of the PRO $ I set up a company ASAP. The $150 that it cost to do that with BMI was recouped many times over from that one deal.

Naturally I am not so lucky 99.99999999999% of the time but I'll take that.

RE: contract - its unlikely that you will be asked to provide your own contract as the Music sup will likely have one that is tailored for the use, but you will likely need to accept the $ stated and sign it ASAP. Hopefully your pub company will be set up with your PRO asap and you won't lose any pub royalties - although I think there is a short retroactive period. You would have to check with your PRO.

User avatar
markismusic
Impressive
Impressive
Posts: 126
Joined: Wed Apr 25, 2018 5:21 pm
Gender: Male
Contact:

Re: Writer licensing directly to music supervisor

Post by markismusic » Tue Jul 23, 2019 5:23 pm

andygabrys wrote:
Fri Jul 19, 2019 12:38 pm
Good questions:

It was said to me by a contact at BMI that "when you need to create a publishing company you will know it".

IMO this is that time for you. If you are having frequent uses of your music by agencies or music sups that don't take a song share then its cleanest and most professional to set up a publishing company.

Notwithstanding the fact that BMI and SOCAN allow you to register a song as just a writer - In BMI's case you register the song as 100% writer, not publisher, and then when the registration is finalized it says "excess writer clearance". When a use shows up on a cue sheet it is supposed to be right and you get the writers and publishers shares. As Ethan said above.

I don't know for sure as I have had a publishing company set up from the start as one of my first uses was a direct to agency commercial and to get both sides of the PRO $ I set up a company ASAP. The $150 that it cost to do that with BMI was recouped many times over from that one deal.

Naturally I am not so lucky 99.99999999999% of the time but I'll take that.

RE: contract - its unlikely that you will be asked to provide your own contract as the Music sup will likely have one that is tailored for the use, but you will likely need to accept the $ stated and sign it ASAP. Hopefully your pub company will be set up with your PRO asap and you won't lose any pub royalties - although I think there is a short retroactive period. You would have to check with your PRO.
Thanks the reply Andy! Really appreciate the great advice.
Glad to know this is a path some writers have gone through already.
Will be giving SOCAN a call this week to set something up !

User avatar
markismusic
Impressive
Impressive
Posts: 126
Joined: Wed Apr 25, 2018 5:21 pm
Gender: Male
Contact:

Re: Writer licensing directly to music supervisor

Post by markismusic » Tue Jul 23, 2019 5:26 pm

eeoo wrote:
Fri Jul 19, 2019 12:30 pm
If i remember correctly, if you're with BMI you can claim 200% of the song (100% writer's share, 100% publisher's share) and they will collect publishing royalties for you. With ASCAP I believe you need to create a publishing entity and it costs a few bucks, but not prohibitive as I recall, like maybe $40ish.

I'm with BMI and I've collected publishing royalties without creating a publishing company.
Interesting... I keep hearing great things about BMI over ASCAP (Nothing wrong with ASCAP of course).
But yes that is super convenient, I'll have to look into the rules for this in Canada with SOCAN.
Thanks!

User avatar
Casey H
King of the World
King of the World
Posts: 12300
Joined: Tue Jan 27, 2004 3:22 pm
Location: Philadelphia, PA
Contact:

Re: Writer licensing directly to music supervisor

Post by Casey H » Wed Jul 24, 2019 12:54 pm

Best thing to do is sign the publishing over to me and let me handle it. :lol: :P :lol:

Seriously, it looks like you got good answers already from others. Good luck!

:D Casey

User avatar
markismusic
Impressive
Impressive
Posts: 126
Joined: Wed Apr 25, 2018 5:21 pm
Gender: Male
Contact:

Re: Writer licensing directly to music supervisor

Post by markismusic » Sat Jul 27, 2019 8:03 am

Casey H wrote:
Wed Jul 24, 2019 12:54 pm
Best thing to do is sign the publishing over to me and let me handle it. :lol: :P :lol:

Seriously, it looks like you got good answers already from others. Good luck!

:D Casey
haha thanks Casey!

User avatar
ChrisEmond
Active
Active
Posts: 29
Joined: Tue Dec 22, 2009 8:04 am
Gender: Male
Location: Montreal, Canada
Contact:

Re: Writer licensing directly to music supervisor

Post by ChrisEmond » Fri Aug 30, 2019 9:05 am

Hi Mark,
Being a fellow Canuck, I'm really interested to know how you finally resolved this issue. ;)
Thanks,
Chris

Post Reply

Who is online

Users browsing this forum: No registered users and 7 guests