Tag Archive | afm & sag-aftra

On Digital Radio Royalties: What Are They And How To Look For Unclaimed Royalties

afm & sag-aftra intellectual property rights distribution fund unclaimed royalties dae bogan

(This was originally post on my Facebook page, so my apologies if the hyperlinks directs you to Facebook pages of the mentioned companies).

On Digital Radio Royalties

DIY Musicians – If/when you get a recording placed on non-interactive Internet, satellite, or cable radio (e.g. Pandora, SiriusXM, Music Choice) it earns multiple royalty streams. It is important to understand how to collect them all. I will get granular below to break this down.

Let’s use for example the recording “6 Inch (feat. The Weeknd)” by Beyonce. When this recording is played on Pandora (or iHeartRadio, 8Tracks, TuneIn or any of the other 2,500+ properly licensed webcasters serving the United States), here are the royalty streams:

1. Master Royalties for Featured Performers – Royalties paid to SoundExchange for the featured performers, which are the “named” artists on the track. For “6 Inch,” the featured performers are Beyoncé (main artist) and The Weeknd (guest artist). They each must have an account at SoundExchange to collect these royalties. Here is the unclaimed royalties list for featured performers: https://www.soundexchange.com/…/does-sou…/search-for-artist/

2. Master Royalties for Master Copyright Owner (Label) – Royalties paid to SoundExchange for the copyright owner, which is the label. For “6 Inch,” the label is Columbia Records. The label must have an account at SoundExchange to collect these royalties. (A Few Notes: (1) Major labels have direct deals with most music services, so it is likely that Columbia is paid directly by Pandora. (2) Unsigned artists can collect this income if you properly create your free account with SoundExchange as the copyright owner. This means, you cannot only sign up as the Artist. You are the label!). Here is the unclaimed royalties list for copyright owners: https://www.soundexchange.com/…/do…/search-for-rights-owner/

3. Master Royalties for Non-featured Performers – Royalties paid to AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund (“the Fund”) for the background vocalists and session musicians who performed on the recording. For “6 Inch,” the non-featured performers include Ahmad Balshe (background vocalist) and Derek Dixie (session musician) among others. (Note: 5% of the royalties paid to SoundExchange is passed to the Fund. The Fund conducts research to identify the non-featured performers. They use published credits, such as those published on AllMusic.com (Ex: https://www.allmusic.com/album/lemonade-mw0002940342/credits), Discogs, and other resources to identify the vocalists and musicians on a recording. Keep in mind that if the producer of the track contributed background vocals or live instrumentation, it is important to credit him/her separately as such in addition to his/her producer credit, so that they can access this income stream. At TuneRegistry, we deliver credits to TiVo, which makes metadata available to AllMusic, among other services. If the Fund does not have the non-featured performer on their list, you can check and submit. See “6 Inch” only shows two (2) non-featured performers, but there may be more who just do not know: https://www.afmsagaftrafund.org/covered-rec-artist_SR_Maste…). Here is the unclaimed royalties list for non-featured performers: https://www.afmsagaftrafund.org/unclaimed-royalties.php and here is the list of recordings that the Fund has credits for here: https://www.afmsagaftrafund.org/covered-rec-title_sr_master…

4. Publishing Royalties for Composers/Writers – Royalties paid to performing rights organizations (PROs) such as American Society of Composers, Authors & Publishers (ASCAP)Broadcast Music, Inc. (BMI), and SESAC in the United States for the composers and writers, which is Jordan Asher, Burt Bacharach, Ahmad Balshe, Hal David, Ben Diehl, Beyoncé Knowles, Noah Lennox, Terius Nash, David Portner, Danny Schofield, Abel Tesfaye, and Brian Weitz. Because “6 Inch” uses samples, there are more composers/writers credited on the recording. You can view the full publishing credits for “6 Inch” at ASCAP here: https://www.ascap.com/repertory#ace/search/workID/890413300 (Note: US PROs, like most PROs/CMOs around the world, do not have a public list of unclaimed royalties. It is important to register your song before the release or as soon as possible after release to limit the possibility of having your royalties fall into the “black box,” which is an industry term of unclaimed or unmatched royalties. Also note that if you collaborate with someone who has not affiliated with a PRO, that can slow down the registration process.)

5. Publishing Royalties for Composition Copyright Owner (Publisher) – Royalties paid to PROs for the copyright owner in the compositions. This is the publisher or a self-published songwriter’s own publishing entity. For “6 Inch,” the publishers are 2082 Music Publishing, BMG, Domino Publishing, KMR Music Royalties, New Hidden Valley Music Co, Oakland 13 Music, Sal And Co LP, Songs of FujiMusic, Universal Music Corportation, WB Music Corporation. Because “6 Inch” uses samples, there are more publishers credited on the recording. You can view the full publishing credits for “6 Inch” at ASCAP here: https://www.ascap.com/repertory#ace/search/workID/890413300 (Note: In the US, if you are a self-published writer, you do not need to have a publishing account at BMI in order to unlock your publishing income. You will need a writer AND publisher account at ASCAP. So, if you do not have a publisher account at ASCAP and you are self-published, you literally leave 50% of your income on the table because ASCAP will not pay out the so-called “publisher’s share” to writers (unless they’ve changed this policy).)

In conclusion, if you get a recording on a digital radio platform and it takes off, make sure you have your business in order. We help with all of the above at TuneRegistry. This is what I am doing every day — helping thousands of independent music creators properly register their music so that they are 1.) identified, 2.) accounted to, and 3.) PAID.

Check out my free ebook “The DIY Musician’s Starter Guide To Being Your Own Label & Publisher” available for download at www.daeboganmusic.com (subscribe to my blog) and catch me speaking Oct 12th at A3C Conference in Atlanta or Oct 30th at Music Tectonics Conference in Los Angeles.

CC: Dae Bogan Music

10 Income Streams For A Music Producer

A breakdown of income you could earn by producing one hit (or at least, viral) record.

Production Icome

1. Production fee for your creative input in producing the track.
2. Recording Engineer fee for performing recording engineer duties in the studio.
3. Mixing Engineer fee for mixing the track.
4. Mastering Engineer fee for mastering the track.

(1-4 could be embodied all in one fee, or you could line item it in your contract and/or invoice.)

Master Income

5. Income share in the master sales, downloads, streams, often referred to as “points on the record.”
6. If you add background vocals and/or live instrumentation to the production, while you may not earn a session musician fee, you are still entitled to receive all or a portion of the non-featured performer share of statutory master royalties for US non-interactive streams, or so-called “digital radio royalties.” To get this, make sure that you are credited not only as a Producer but also as a background vocalist or musician for whatever instrument you played. These royalties in the US are paid out by the AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund. These funds do not reduce the featured artist’s neighboring rights (US = digital radio) income. It is completely separate from the featured performer share of income and non-negotiable by that featured performer. If you don’t claim it, you still earn it but you leave it on the table!
7. Thanks to the passing of the Music Modernization Act, which became law on October 11th, 2018, and the inclusion of the Allocation for Music Producers Act (AMP Act), studio professionals such as producers and engineers have a legal and permanent right to directly collect non-interactive, digital royalties agreed through a letter of direction with the featured artist from SoundExchange. Join the Creative Affiliates Program at SoundExchange and submit your letters of direction.
8. A producer’s share of international neighboring rights royalties in several territories where recordings that you produce are performed on broadcast radio and TV.

Publishing Income

9. If you composed the melody or co-authored the lyrics, you should be considered a Writer on the musical work and be entitled to receive writer-share of publishing income (performance royalties, mechanical royalties, synchronization royalties).
10. If you composed the melody or co-authored the lyrics, as a Writer on the musical work, you are entitled to receive or assign the publisher-share of publishing income (performance royalties, mechanical royalties, synchronization royalties).

In conclusion, if you’re a music producer, make sure that you understand all of the income streams associated with the work that you put in on a recording AND your legal entitlements under copyright law and music publishing industry customs. Also, join the Recording Academy / GRAMMYs Producers & Engineers Wing.

Want to learn more? Download my FREE ebook “The DIY Musician’s Starter Guide To Being Your Own Label And Publisher.”

How To Auction Off Your Future Royalties When You’re A Back-up Singer Or Session Music

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Photo by Jason Rosewell on Unsplash

It is very important for background vocalists (and artists who provide background vocals on the side) to understand that they earn money BEYOND the studio session in which they performed. Billboard published an article on how a back-up singer on Wiz Khalifa’s “See You Again” featuring Charlie Puth put up 100% of his U.S. digital performer royalties for auction on Royalty Exchange with bids starting at $30,000. These royalties are collected by SoundExchange and administered by AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund.

This is a great example of how a background vocalist can leverage his/her equity in a hit song to get paid big bucks, today! This also applies to session musicians.

#MusicBusinessMonday: Session Musicians

Royalty Claim has thousands of records of unclaimed royalties due to non-featured performers (session musicians, background vocalists, etc.) from recordings performed on digital radio (e.g. Pandora, Music Choice, iHeartRadio, SiriusXM, and more). Royalty Claim also provides data on ‘address unknown’ NOIs filed under the Section 115 compulsory mechanical license for services such as Amazon, Spotify, Apple, Google, and many others.

Read more about the auctioning your future royalties in the Billboard story here.

Learn more about Royalty Claim at http://www.royaltyclaim.com. Royalty Claim will pre-launch on August 10th. This is for anyone who pre-registered at www.royaltyclaim.com/comingsoon. Those who’ve pre-registered will be able to secure a life-time subscription to Royalty Claim for only $150. Royalty Claim official launch will be September 1st. At that point, anyone can join for free or choose any of the premium plans.

The Elephant In The Room: Unclaimed / Undistributed Royalties

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In the United States, there are several “unclaimed / undistributed royalties” funds held by music rights organizations. These funds collectively consist of tens of millions of dollars in undistributed earnings generated by the use of music within the greater music industry, from legislative appropriations imposed on manufacturers of audio home recording media, and from agreements with foreign entities.

Some of the organizations (SoundExchange, AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund, Film Musicians Secondary Markets Fund, Live Television Videotape Supplemental Market Fund, and although this is not royalties per say, the US Copyright Office has a Section 115 NOIs Filing database that can be used to track down missing mechanical royalties) have created public databases so that music creators can search to see if they have royalties sitting in these funds. However, the biggest funds do not have public databases and often music creators can not be reached by any of these funds to be notified that they have unclaimed royalties.

I am working on a side project called RoyaltyClaim.com to address this issue of unclaimed / undistributed royalties. The goal is to get each of these funds to join the RoyaltyClaim.com Disclosure Program and to encourage them to submit very basic information to us on a periodic basis regarding the income participants who are due royalties. We will then aggregate these disclosures and maintain one searchable public database accessible for free by music creators and income participants.

By aggregating these lists of unclaimed / undistributed royalties information, we can aid income participants — including songwriters, recording artists, publishers, labels, musicians, background vocalists, composers, and beneficiaries (in the event of musician parents or spousals who passed away, but their music still generates royalties) — in locating and claiming their monies.

If you are a music creator, you should signup at RoyaltyClaim.com to be notified of our launch. We are currently in conversations with the various funds to get them to cooperate and help creators and their families.

Save the Date: TuneRegistry presents Music Business for Producers & Engineers

Save the Date 11-9-16

You are invited to attend:
TuneRegistry presents Music Business for Producers & Engineers

Join us as we peel back the veil on the world of music business as it relates specifically to music producers and sound engineers. We will explore the unique issues, challenges, and business dealings of P&E from a panel of award-winning music creators and music business experts.

When: Wednesday, November 9th
Time: 7pm to 9pm (7pm – Welcome; 7:05pm to 8:15pm – Panel; 8:15pm to 8:30pm – TuneRegistry Demo; 8:30pm – 8:50pm Mingle)
Location: SAE Institute Los Angeles, 6700 Santa Monica Blvd., Los Angeles, CA , 90038

Panelists:
Bruce Waynne (Producer, The MIDI Mafia) – GRAMMY Award Winner, ASCAP Award Winner
Tat Tong (Producer/Songwriter, The Swaggernautz) – 200 original music placements, 17 platinum records, over 40 Top 20 hits, and 14 Number 1 hits around the world.
Jovany Javier (Singer/Songwriter, The Swaggernautz) – American Idol Sesaon 10 Top 12 Male Finalist, Multiple Major Song Placements
Yonni (Producer/Songwirter) – 2x GRAMMY Nominated
Dennis Dreith (Executive Director, AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund)
Moderator: Dae Bogan (Co-founder & CEO, TuneRegistry)

The panel will discuss a number of music business topics from the perspective of producers and engineers including: What rights do producers and engineers have? How do P&E protect and enforce their rights? How does P&E make money? What backend royalties can P&E receive? Key terms of various P&E contracts. Music for media (film, television shows, commercials, video games, etc.). Global perspective (rights, money, and piracy). Working with artists; etiquette and standing your ground.

The panel will be followed by a live demo of the TuneRegistry platform and networking.

DETAILS & RSVP: https://www.eventbrite.com/e/tuneregistry-presents-music-business-for-producers-engineers-tickets-28738821589

#MusicBusinessMonday: Session Musicians

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Session Musicians: Quality music starts with talented musicians. Your mastery of instruments, performance, and sometimes improvisation can make the difference between a recording that’s just Ok and a recording that’s a masterpiece, so your skills should not go unrewarded.

Did you know that session musicians and background vocalists may be entitled to royalties when the recordings on which they’ve performed are played on digital services such as Pandora, SiriusXM, Music Choice, and thousands of Internet webcasters?

Read More…

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