PERFORMING RIGHTS ORGANIZATIONS
TERRESTRIAL RADIO, TV, DIGITAL STREAMING/WEBCASTING, NON-SURVEYED VENUES AND FOREIGN CINEMAS.
FOR SONG COPYRIGHTS (@) THERE ARE 3 MAIN P.R.O.’S: ASCAP/BMI/SESAC (5)
THE P.R.O.’S PURPOSE: 1. TO LICENSE COPYRIGHTS 2. TO COLLECT LICENSE FEES … FEES NOT YET ROYALTIES 3. TO DISTRIBUTE ROYALTIES … NOW ROYALTIES 4. TO BE A LIASON FOR SW’S AND PUBS (CAN BE A SW’S CHAMPION AND PUB’S RESOURCE FOR FINDING AND SIGNING SW’S)
PRO’S SIGNING SW’S IS VERY COMPETITIVE: DYLAN/DIAMOND INCREACED THEIR VISIBILITY. PAGE 1
EXAMPLE: IN MY FINAL 4 CATALOG, MY COMPANIES: BMI: MARCH MADNESS MUSIC PUBLISHING: FOR EVERY BMI WRITER I SIGNED/SONGS….. ASCAP: ABOVE THE RIM MUSIC PUBLISHING: FOR EVERY ASCAP WRITER I SIGNED/SONGS..
SESAC: OFF THE BENCH MUSIC PUBLISHING: FOR EVERY SESAC WRITER SIGNED/SONGS…..
UNIVERSAL MUSIC PUBLISHING CATALOGS: UNIVERSAL MUS. PUB IS ASCAP/SW’S SONGS SONGS OF UNIVERSAL IS BMI/SW’S SONGS
THE NAMES OF EACH PUBLISHING COMPANY HAS TO “CLEAR” THE P.R.O. DATA BASE TO MAKE SURE THERE ARE NO OTHER PUB CO’S WITH THAT NAME.
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PERFORMING RIGHTS ORGANIZATIONS
b. NOW: 875,000 MEMBERS (SW’S/PUBS) c. GOVERNED BY A BOARD OF 12 SW’S AND 12 PUBLISHERS. NOT FOR PROFIT ORGANIZATION !!! PAGE 4
ORIGINALLY: NOT FOR PROFIT ORGANIZATION!! CONVERTING TO FOR PROFIT, RUMORED TO BE SOLD .
A FOR PROFIT ORGANIZATION!!
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A. EUROPEAN PRS THAT OPENED THEIR OFFICE IN THE U.S. IN 1930. 30,000 AFFILIATES
B. OWNED BY BLACKSTONE GROUP/VENTURE CAP
C. SESAC WAS A MINOR PLAYER BEFORE THE EARLY 2,000’S BUT THAT CHANGED WITH THE SIGNING OF BOB DYLAN/NEIL DIAMOND--THEIR CATALOGS WERE TRANSFERRED FROM OTHER PRO’S TO SESAC. THIS INCREASED SESAC’S VISIBILITY/CREDIBILITY.
D.SESAC OWNS THE HARRY FOX AGENCY (MECHANICAL RIGHTS ORG.), CCLI. THEY’RE ABLE…**TO BUNDLE LICENSES**: COMBINE PERFORMANCE/MECHANICAL LICENSES IN ONE LICENSE.
ASCAP AND BMI CAN’T BUNDLE LICENSES BECAUSE OF A CONSENT DECREE (ANTI-TRUST/ANTI-MONOPOLY AGREEMENT) SIGNED IN 1941. THEY CAN ONLY LICENSE THE PERFORMANCE RIGHT. THEY’RE STILL WORKING TO GET IT CHANGED BY THE C.R.B./D.O.J.
F … IT’S NOT CONFIRMED, BUT AFTER LICENSE FEES MINUS OPERATING EXPENSES, ROYALTIES PAGE 6 COLLECTED ARE SPLIT 50% FOR SESAC AND THE OTHER HALF, SPLIT 50/50 FOR SESAC-SW’S AND PUBS. IT’S A PRIVATE CORP, SO WE DON’T KNOW FINANCIAL INFO
PURPOSE OF PROS: LICENSING, COLLECTION & DISTRIBUTION
A. LICENSING: (STAFF CALLS/VISITS/CEASE AND DESIST ORDER IF NEEDED FOR INFRINGMENT)
1. THE PRO’S ISSUE BLANKET LICENSES TO COPYRIGHT USERS.(SONGS BEING PERFORMED) WHO ARE THE USERS?
TERRESTRIAL RADIO/TV/NON-SURVEYED VENUES/DIGITAL STREAMING/FOREIGN CINEMAS. 2. A BLANKET LICENSE GIVES THE USER LEGAL PERMISSION TO PLAY ALL SONGS IN THE P.R.O.’S REPERTOIRE (NOT CATALOG). (REPETOIRE IS NOT A CATALOG). PAGE 7
SOURCES THAT NEED A BLANKET LICENCE:
THE FOLLOWING WILL PAY A BLANKET LICENSE FEE
1.TERRESTRIAL RADIO: GENERATES THE HIGHEST AMOUNT OF PERFORMANCE ROYALTIES TO PUBS/SW’S FOR HIT SONGS.
2. TV: THE NEXT HIGHEST AMOUNT;SHOWS/MOVIES 3. DIGITAL PERFORMANCE: A MAJOR SOURCE OF INCOME. LIVE STREAMING-WEBSITE/STREAMING PLATFORMS 4. NON-SURVEYED VENUES: RESTAURANTS (STICKER ON DOOR?), ELEVATORS, BARS, PHONE ON HOLD MUSIC, CONCERT HALLS: ROYALTIES DISTRIBUTED TO SW’S BASED ON THE TOP 2OO CONCERTS REVENUES FOR THE YEAR. 5. FOREIGN CINEMAS MUST HAVE A BLANKET LICENSE. U.S. CINEMAS DO NOT.
B. COLLECTION: THE BLANKET LICENSE FEE IS BASED ON A % OF THE USER’S GROSS INCOME: ASCAP CHARGES 1.7%--BMI CHARGES 1.6% (TO USERS)
***P.R.O. LICENSE FEES ON OVERHEAD/BB***
C.DISTRIBUTION: PRO ROYALTY REPORTS ARE ISSUED QUARTERLY TO SW’S,PUBS. REMEMBER: THE PRO’S SEND ROYALTY CHECKS DIRECTLY.
THE FACTORS THAT DETERMINE MONEY DISTRIBUTED TO SW’S AND PUBLISHERS ARE BASED ON THE FOLLOWING:
1. TIME OF DAY: PRIMETIME: 6-11 PM (MOST $), LATE NIGHT: 11-2AM, OVERNIGHT: 2-6AM, DAYTIME: 6AM-6PM.
2. TYPE OF PERFORMANCE:
a. THE FEATURED PERFORMANCE… 1. WHEN MUSIC IS THE ONLY FOCUS ON A TV EPISODE OR SONGS PLAYED ON TERRESTRIAL RADIO ARE ALWAYS CONSIDERED A FEATURED PERFORMANCE.
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b. THEME SONG c. TV BACKGROUND PERFORMANCE
3. LENGTH OF THE PERFORMANCE
4. SURVEYS
THE 2 TYPES OF SURVEYS
PARAMETERS OF PERFORMANCE EARNINGS
SHOW ON OVERHEAD
(USA/BEFORE FOREIGN INCOME)
THE POP MARKET: TOP 5 RADIO HIT=$1MILLION--$1.5 MILLION PAGE 10
THE COUNTRY MARKET: TOP 5 RADIO HIT--$750K--$1.2 MILLION
THE AMERICANA MARKET: TOP 5 ON AMERICANA CHART--$20K--$30K
CONTEMPORARY CHRISTIAN/GOSPEL MARKET: TOP 5 CCM CHART--$5K--$12.5K
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