[JPL] ASCAP and BMI Charges

Jae Sinnett jaejazz at yahoo.com
Tue Oct 21 13:07:25 EDT 2008


Thanks John. That's what I suspected. Many publishers involved which would make it very difficult to use I would bet. Enjoying the CD.  

Eric...it is a pain for sure. There are so many things involved in the process. Some publishers will set different standards for non-commercial establishments but it's simply their option. When you want to sell it that changes everything. How many copies are you producing...who are you trying to sell it to....how much of the song are you using in terms of minutes (this is a MAJOR criteria when dealing with synch royalties for sale)...etc... Then there is usually a time limit for the first outing...then most will want to renegotiate.

In the case of publishing for popular songs like "Body and Soul" most of the writers are more than likely dead and the estates have control. Interestingly enough most of these compositions have become "jazz" standards but what publishers usually are asking for in terms of rights percentages...they're asking for what the songs received during their the peak of their success. Translate that to jazz sales and it's basically impossible for anyone in jazz that wants to use them for film and to sell... to agree to those terms because the returns simply aren't there. 

Jae Sinnett  


--- On Tue, 10/21/08, Eric Jackson <eric-jackson at comcast.net> wrote:

> From: Eric Jackson <eric-jackson at comcast.net>
> Subject: Re: [JPL] ASCAP and BMI Charges
> To: jazzproglist at jazzweek.com
> Date: Tuesday, October 21, 2008, 12:33 PM
> This week's sponsor:  FRANK DERRICK
> 
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> (Jazzed Media) is an extremely well conceived, arranged, and
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> J Stein wrote:
> 
> > Jae,
> > 
> > I looked Body and Soul up on the ASCAP website and
> this is what I 
> > found.  Hope it helps . . .
> > 
> > John
> 
> I looked it up on the BMI website and they have 96 listings
> for Body And 
> Soul. Can there really be 96 different tunes named Body And
> Soul?
> 
> And Jae, rights like you mentioned can cause headaches. A
> few years back 
> I was working on a project and we wanted to use Two Bass
> Hit in an audio 
> listening station in a museum. Two people own the rights.
> One agreed to 
> terms but the other wanted more money. Because of that, the
> tune wasn't 
> used.
> 
> Museums have a term that they use and they pay everyone the
> same fee for 
> the use of their music. I can't remember the term but
> basically the 
> museum I was working with offered everyone the same amount
> and they 
> wouldn't negotiate individual deals.
> 
> Also, either Warner or EMI, two of the biggest music
> publishers, gave us 
> a limit. We could use 10 songs from their catalog at the
> rate I 
> mentioned above. It meant I had to select things, keeping
> in mind that I 
> could only get 10 things. It changed the selection process.
> 
> Eric Jackson
> Mon - Thurs 8 pm - mid.
> 89.7 FM WGBH Boston
> www.wgbh.org/jazz
> 
> 
> 
> > 
> >
> -----------------------------------------------------------------------------------------
> 
> > 
> > 
> > Publishers/Administrators:
> >  QUARTET MUSIC
> >    % WINDSWEPT
> >    ATTN: KAREN RODRIGUEZ
> >    9320 WILSHIRE BLVD
> >    #200
> >    BEVERLY HILLS , CA, 90212
> > 
> >  RANGE ROAD MUSIC INC
> >    C/O CARLIN AMERICA INC
> >    126 E 38TH STREET
> >    NEW YORK , NY, 10016
> >    Tel. (212) 779-7977
> > 
> >  W B MUSIC CORP
> >    % WARNER CHAPPELL MUSIC INC
> >    10585 SANTA MONICA BLVD
> >    LOS ANGELES, CA, 90025
> >    Tel. (310) 441-8600
> > 
> > 
> > Contact ASCAP Clearance representative at
> (212)621-6160
> >   for other publisher information.
> > 
> > 
> >
> -----------------------------------------------------------------------------------------
> 
> > 
> > 
> > 
> > 
> > 
> > On Oct 21, 2008, at 12:04 PM, Jae Sinnett wrote:
> >>
> >>
> >>
> >> What also complicates this is when the song(s) are
> used for these 
> >> campaigns they usually end up being heard on film
> or tape...and then 
> >> broadcasted on the networks and such... which
> creates an entirely 
> >> different situation with synchronization
> royalties. These are very 
> >> different than mechanical rights.
> >>
> >> Related from this front...would anyone happen to
> know the publisher(s) 
> >> for "Body and Soul?" This one is a
> little tricky because there are so 
> >> many writers involved and lyricist. I'm not
> sure if one group dictates 
> >> the rights to this piece or several. Any help
> would be greatly 
> >> appreciated. Thanks,
> >>
> >> Jae Sinnett
> >>
> >>
> > 
> > -- 
> > 
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