APM Sampling and the PRO’s

[John]

So the PRO’s use APM for digital sampling. If your music doesn’t show up on this, you don’t get paid royalties, even if the shows turn in proper cue sheets? Yeah, it’s a question.

[Art Munson]

Where did you get this information?

[John]

I talked with my publisher & PRO today. I’m not naming names. If your music isn’t picked up by APM, cue sheets have no weight. The Major Networks are fine, but the lesser networks don’t always get picked up by digital fingerprinting. I had almost 150 cue sheet episodes turn in to my PRO, that the APM survey didn’t catch. and was told I wouldn’t be paid for these.

[uniqueplace]

Pardon my ignorance, but what is exactly that APM Sampling?
Does this has anything to do with APM Music?
Why does a particular publisher would be the sampler?
If you have musics on digital media, but not under APM Music, you don’t get surveyed?

Please tell me another answer, because the one I have in my head seem utterly ridiculous…

[John]

Audio Performance Management (APM) platform, which matches performance data to the works registered in the PRO’s databases. I may not be understanding the process. Also, I don’t understand the PRO’s random sample surveys. The system is flawed. Especially for the lesser Networks.

[John]

I was talking on the phone to an PRO rep who was trying to explain how the system works. Left me a bit confused. As you can tell from my previous postings. She did tell me the system isn’t fair. Seems there’s some kind of digital survey (using RPM technology), that determines who gets paid and who doesn’t. The Telemundo Network, which has less collectible money by the PRO’s, isn’t monitored 24/7. So, if my performances fall in the cracks that aren’t monitored, I don’t get paid – even though my PRO received all 142 cue sheets, filled out properly. Cue sheets don’t necessarily mean you’re getting paid.
Here’s an email correspondence with my publisher rep (filled in my gaps of confusion):
“What that specifically means is that regional networks such as Telemundo do not pay out for 24 hours a day like most networks. ASCAP runs a sample survey which is typically a handful of hours per quarter. In the case of these episodes, none of them fell within the random payment survey unfortunately.”

[boinkeee2000]

so all PROs use this or just your PRO (ascap)?

[John]

ASCAP & BMI. Not sure about the other PRO’s.

[Chango]

I was also informed about this Sample Survey method that ASCAP uses about 3 years ago, when I started receiving hundreds of cue sheets in my account that just never seemed to pay out royalties. After alot of frustration, emailing and phone calls, I finally connected with an ASCAP rep who explained to me the exact same thing. Even though you received a cue sheet for your works performances, that doesn’t mean we will pay royalties on those performances from smaller networks. Such as the NBA, NFL, MLB, NHL, BTN, HGTV,LOGO, etc networks. If your work performances are not detected while we conduct our “Sample Survey Monitoring System” (WHICH CAN BE AT ANY RANDOM TIME), we will not payout royalties for those works performances. Which is, in my opinion HORRIBLE! Especially when we all know that these networks paid the PROs to license the works and we also know that these PROs are not in the business of licensing out works in their catalog for free! So the big question is…”SO WHERE DO THOSE UNPAID ROYALTIES GO?” My opinion? Back into the pool to be paid out to more important major artists. Once I found this out, I resigned from ASCAP and switched to BMI, and so far I haven’t experienced this kind of “sample survey monitoring system” practice from BMI…so far.

[Kubed]

@John: I don’t think BMI has this sample survey monitoring. In 2020 i had a commercial airing daily on Telemundo for 3 months. BMI paid me for around 150 hits of that commercial and it matched perfectly the Numerator’s count number.
I also had several other placements on Telemundo and, so far, i’ve been paid for all of them. It would be impossible to get all these placements paid to me correctly with a sample survey running only a handful of hours each quarter!

And Chango is also right: NBA, NFL, MLB, NHL, BTN, LOGO placements are paid correctly to the composer by BMI (compared to Tunesat detections). At least this is my experience from these networks so far. I’ve heard from ASCAP composers that they rarely get paid for their placements in these sports networks (specially BTN, NBA and MLB).
I don’t know if BMI uses a sample survey monitoring system to other networks but i haven’t noticed any big discrepancy between BMI and Tunesat.

HGTV and the other Scripps Networks doesn’t pay royalties to composers but not because of a sample survey monitoring system. That’s because of the deal they have signed with the PROs.

[Author]

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