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I’m sure you guys will love this story. . . Not!
On Dec. 22nd a license was purchased for one of my music tracks. On Dec 25th a commercial for SingleCare, a prescription discount service featuring Martin Sheen, began airing. You may have seen it as they are saturating all the TV channels. To date (1/30/2020) Tunesat has detected over 1700 airings and they under report, in my experience.
The problem is, I found Competitrack was not tracking it. I emailed Numerator/Competitrack and their reply was:
“I looked into this and could not find anything from this brand in our system. This may not be an advertiser that we track. I could check with our team to confirm but at this time it appears that we don’t have any data for this brand in our database.”
A little sleuthing led me to the company that purchased the license. A call and e-mail to them were not returned. The library confirmed that the company purchased the license.
I emailed the BMI jingle dept. They replied that… “they must be low paying channels as the reason Competitrack is not tracking.”
That is not the case as the detections include some major networks. These detections are not much different than other commercials we’ve collected royalties on. I filed the BMI commercial sheet, anyway, with all the info I had.
I then asked my BMI contact for his supervisor and was put in contact with her. I explained the situation and Numerator/Competitrack’s position.
Here is her reply to their statement:
“At this time, we utilize Numerator/Competitrack performance data to distribute on AV commercials. Per our contact at Numerator, there are certain types of ads that they do not monitor, which I believe that prescription/pharmaceutical ads are among those they do not monitor, but I will confirm with our contact.
I do understand your concern about this and have voiced this to the management team. We are currently reviewing our processes and will explore any opportunities to better serve our affiliates in these types of situations. If anything changes regarding our current commercial methodology in the future, I will keep you posted.”
I asked my BMI rep supervisor. Why they couldn’t accept a Tunesat file of detections. It includes all the necessary information and in fact iSpot.tv was tracking the commercial.
https://www.ispot.tv/ad/ZS8u/single-care-viral-rampage-featuring-martin-sheen.
BMI’s response was:
“Since Tunesat reports do not state whether a piece of music is in the actual program, commercial advert, promo or any other means, we do not currently pay off of their reports. We all agree that our affiliates should be credited when their music is used. We are in current discussions on how to handle these types of situations and I will keep you posted as we work through this.”
She then asked if I could get a Performance Report from iSpot. I Sent two emails to iSpot with no response. My new BMI supervisor friend:-) called and emailed iSpot, also with no response.
I have to say, once I got to the BMI supervisor she was as helpful as one could be for one not having the final word at BMI. I also have to thank Nan, Tonya and Kelli at ManageAdMusic for trying to help me with this.
I’m sure Martin Sheen was paid well for his time. I wonder how he would feel about a composer getting ripped off for their performance royalties?
For now, the commercial keeps rolling on with no hope of performance royalties.
So, anyone got any ideas?
This is just unbelievable and totally awful. I am so sorry Art. I think we need to find out if it’s because Numerator doesn’t track prescription / pharmaceutical ads, and then if so, let Your Music Your Future know? Start some kind of awareness campaign? I mean really, I don’t see how this is legal. To not pay royalties on something that is airing this much is just terrible.
Also, another thought / question: Do ASCAP and SESAC also use Numerator only? I’m sure I’ve had an ad that was for something you’d find in a pharmacy be tracked through SESAC.
“That’s outrageous! It’s larceny”
Exactly!!!Art, I do think you will be paid on this, it just hit the air, and you are not really entitled to BMI royalties until September statement anyway. This is by no means a “small potatoes ad’ with the Sheen’s in the spot and also co-ops like CVS and Wal Mart. SESAC will accept TUNESAT data, but they do like to corroborate the tunesat detections with Numerator data. This is frustrating news, again. I am in a similar situation with Chris Berman as spokesperson on a Car Shield spot. Tunesat is detecting it every day, It is showing up in I Spot TV but not in numerator’s database. If the the pro’s can hind behind the excuse of “well it’s it not in Numerator” then we once again will get the short end of the stick. I’ve said this a thousand times, the Production Music Association has to put tons of pressure on PRO’s to come up with a solution for detecting music on spots. It is 2020. If services can scan youtube and obtain data on our music on youtube and pay us Content ID ad revenue, I am sure a detection service and policy can easily be put in place. The problem is that each PRO wants to use competing technologies. Soundmouse does not even send music producers reports of their findings, so that is 100% opaque, and clearly not that beneficial to us.
More importantly, we have to find a way to end this excuse of “we do not track those TV networks” or “we do not pay for broadcast performances on those networks”. We, collectively, have to work to eliminate these bogus excuses. I still scratch my head every day wondering how some shows pay performance royalties on certain networks, and others don’t. How is this possible in 2020? TV networks broadcast to the public. Performing rights organizations exist to collect royalties from TV networks (all TV networks we’d think). PRO’s have the responsibility to pay us when our music is airing on TV to the public. It makes me wonder, are we now in an era where PRO’s simply do not want to part ways with the money they collect?
In regards to SCRIPPS, I did some closer analysis of my last statements, I did get paid for a show called “Buyers Bootcamp” on the Do it Yourself Network aka DIY. So the story and mystery keeps evolving.
Man that sucks. I’ve had the same garbage before with Competitrack not monitoring a commercial and ASCAP refusing to pay – not allowing TuneSat. Its ridiculous. At least with BMI maybe there’s a chance – ASCAP no chance at all.
which I believe that prescription/pharmaceutical ads are among those they do not monitor
Wow, that is lame, considering those dominate the airwaves at certain times of the day.
Hi there Art. I recently hired a “Royalty Recovery” person/company to help me.
Not sure if this might fall under the same thing, but I thought I would throw that out there..
I recently hired a “Royalty Recovery” person/company to help me.
It is VERY sad, and very telling unfortunately – that we must resort to this sort of nonsense. BMI / ASCAP should be ashamed.
Hi there Art, I will get in touch with a few people, and send you an email.
The good news is that time is on Art’s side. The TV spot basically just hit the airwaves and BMI will not pay Q1 2020 performances until 9/18/20. We need to raise our voices again and advocate that PRO’s honor data from both I-spot TV as well as Numerator. These two firms essentially perform the same services for major brands/ TV advertisers
1. Monitor what the competition is doing on TV
2. Measure the success, effectiveness of a TV ad campaign
3. Data analysis, data insights
4, These services also exist so that people can obtain information about credits – what agency produced the spot ? who the director was? The writer / art director/ creative director team? and gee…should I even mention those behind the scenes, mystery folks, who seem to always be tossed in the sewer…The Composer!So PMA Peeps, and Your Music Your Future folks, and Board members at the PRO’s – if you are listening and reading and I know some of you are, schedule some meetings and get this straightened out. We’re really sick and tired of these bogus excuses and our confidence in your approach of tracking music on air is eroding. We are not stupid and uninformed either.
News Flash: There is no such thing as a “small time” TV network. I am sorry but ESPN, BTN, SCRIPPS are companies making tons of money. ESPN is backed by Disney. People all over the world are watching this content every day at home in bars, in airports, in hotels…everywhere!
Collect the fees (from ALL TV networks making big profits from advertsing revenue) to broadcast our PRO Registered music and pay us the royalties we are do.
Art, keep in touch with me on this…..I will be hunting royalties down for a Car Shield spot also not found in Numerator but I can find it on I Spot
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