Getting paid from BMI - A Question for the Veteran Composers

[Robitaille59]

This isnt actually a keyboard question but Im posting here because Im thinking that a lot of keyboard players are composers and may have experience in this area.

In the summer of 2007 I was asked to be in a documentary for a cable tv network. The subject of the documentary was a certain medical technique that I had done to my handssuccessfully. During my interview I kept stating that I can play my guitar now. Etc. etc about my music and such. The director asks if I would play the guitar in the documentary. I agreed and he stated that I had to play a song that was original so I played an original song in the documentary.

The producer of the show had me write down the name of the song and sign my name, I told her that I was registered in BMI. Honestly I wasnt registered in BMI or ASCAP and the song didnt have a copyright on it.

When I got home I sent a CD of the song in to get a copyright and then I did join BMI and register that song as one of my works.

I always wanted to write music for a movie or a video game or something so it was really cool for this to happen.kind of a Forest Gump moment.

So heres my question when do I get paid?

Its been more than two years. Shouldnt I have received a check by now?

I just checked the websites, the film company is still in business and the series of documentaries have expanded to 26 episodes and are in regular rotation on this network that is on the dish network. I know for a fact that it has aired at least 4 times, probably more.

I know that there are guys that depend on this money for their living and Im blessed to make a good living doing something non-musical.

But I just gotta know from some veterans of this businessis it this hard to get paid? I mean do you expect to have to follow up with every producer like this?

I thought that was what BMI was supposed to do. Anyone care to comment?

 

[BillWelcome Home Studios]

Rob,

 

If you check with BMI they will be able to tell you the extent to which you can expect anything. You must also have signed some sort of release or clearance document for the film, so you should check the terms to which you agreed.

 

The amount of money that one gets from these things is very very small. Radio play could make you some money, relying upon thousands and thousands of plays.

[Joe Muscara]

IIRC, cable doesn't pay terribly much.

[BillWelcome Home Studios]

Generally speaking the performance rights groups are pretty on top of it, and checks go out regularly. But not always, and a friend of mine got quite a check when he thought to call and ask, since he hadn't gotten one for some time. But when you signed off, it was for a particular time period or number of plays, which-ever. When that contingency expires, you qualify. But the idea is that you get paid by the client up front for X (either number of plays, time period, or whatever you agreed.) So, what did you get paid up front?

[synthdogg]

Hey Rob,

Agreeing with the above posts, don't expect much money from what you were describing....but definitely call BMI and let them know about the situation. You're in a bit of unique situation for music in a cable show in that you didn't "write music for the show", but you're music was used in the actual content of the documentary. Because of that, I could see why BMI may have missed it.

[ksoper]

While I'm not 100% sure about your case, I've been in situations where there were a certain number of broadcasts included in the original "contract." I was paid a flat fee up front and the show needed to run another 3 or 4 times before any additional money would be paid.

 

BMI has always paid me appropriately and on schedule for my little bit of work.

[ADino]

Yes, check the terms. Almost everything is backend, meaning BMI, Ascap or Sesac. If you have an account w/BMI, you can log in and check your sheet, see if there are any hits on it. It can take over a year to see any profit at all.

[Steve Nathan]

The type of work you've described isn't likely to pay much (if anything) even in the best of cases. Did you have a contract with the documentary company? If not, I doubt you'll ever see a penny. I doubt they would "voluntarily inform BMI of your contribution. Even if they did sign a contract, and intend to pay you a royalty, it's still an area where the PROs have difficulty collecting. They concentrate where they have the best chance of collecting the most money. To go after "Cable Documentaries" will cost them more than they could collect. If it costs BMI a dollar to get a nickel, they're not going to bother.

[Jon G]

If this documentary played on TV, then a cue sheet of all the music cues would have to have been created by someone at the production company and submitted to the cable network (and subsequently ASCAP/BMI). You should try to get a copy of this cue sheet and make sure your song(s) are on there.

 

ASCAP has a TV cue sheet submission dept. You can give them a heads up on stuff that either didn't get submitted to them or got lost in the shuffle. BMI might have something similar you can e-mail a copy of your cue sheet to if you think you're missing out.

 

The above posts are probably correct; you probably won't get much money. I'm not sure, but I think TV performance royalties are based on ad revenue, with prime time network shows paying the most, and cable TV, etc... not so much. But ya never know.

[BillWelcome Home Studios]

"If this documentary played on TV, then a cue sheet of all the music cues would have to have been created by someone at the production company and submitted to the cable network (and subsequently ASCAP/BMI)..."

 

Correct, and I would have thought that this would be enough, until the recent scandal about the Ellen show, which just didn't bother to follow the rules or pay the royalties. No excuse for that. So now I suggest that anyone who might be due royalties should check their status, just to be sure.

[Robitaille59]

The responses here are always amazing....the best forum on the net IMO

 

Steve Nathan -

 

Your response states basically what I suspected."The type of work you've described isn't likely to pay much (if anything) even in the best of cases. Did you have a contract with the documentary company? If not, I doubt you'll ever see a penny. I doubt they would "voluntarily inform BMI of your contribution. Even if they did sign a contract, and intend to pay you a royalty, it's still an area where the PROs have difficulty collecting. They concentrate where they have the best chance of collecting the most money. To go after "Cable Documentaries" will cost them more than they could collect. If it costs BMI a dollar to get a nickel, they're not going to bother."

 

Thanks for the wisdom of your experience.

 

Jon G -

 

Thanks for reminding me about the cue sheet, I will request a copy.

 

and to Bill@Welcome Home Studios -

 

On your original post, I didn't get paid upfront. My participation in the documentary was completely voluntary as it pertained to Chiropractic Medicine and at the time I was working at a Chiropractic School. I appeared in the film in the hopes that it would promote Chiropractic Medicine and thereby promote my employer.

 

This has been a great learning experience.

 

Incidentally I don't mind mentioning that it was a series called "The Genesis of Healing" a 26 episode series in which I appeared in episode 12. It was produced by Brush Fire Films for the Apira cable network.

 

Andy Worhal was right, in the future we will all be famous for 15 minutes. Since I appeared in the film for about 3 minutes I still have 12 minutes of fame left.

[Robitaille59]

Incidentally I found the document that I signed the day of the shoot. It's too pages long and I admit that I didn't read it all the way through. I assumed that since the producer asked me if I was in ASCAP or BMI that she intended to pay me for the use of the song.

 

The "contract" I signed explicitly stated that I was not to receive any money for the use of the song and that they could air the documentary as many times as they wanted forever....and ever.

 

Live and Learn.

[Joe Muscara]

Well, I hope the contract doesn't say that you can't reference the documentary. You know, put it on your resume, credits, etc. "music used in _____ "