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Musician Sues CBS Studios 4 Song Played on ‘America’s Next Top Model’;Alleges Cu
R&B artist Delray Richardson also claims manipulation of cue sheets, which determine who gets paid from music on TV shows.
According to a lawsuit filed in U.S. District Court in California, at least 15 of Richardson’s recordings have been broadcast on multiple occasions without license or payment. Richardson and Zion Records are looking for an injunction and damages.
A CBS spokesperson says “this is a claim that is very much off key and has absolutely no merit”
Music on television typically requires both a sync license and a performance license from the copyright holder. But it’s the producer’s job to keep track of the music used. To do this, producers use an honor-code system of “cue sheets” to denote what music is used on a show. The cue sheets are then turned into performance rights organizations like ASCAP and BMI, which use the information to split up royalty collection.
It’s not a perfect system, and it’s been subject to much grumbling among artists, as well as a few lawsuits.
In this particular case, when Richardson watched America’s Next Top Model, he heard music that sounded very familiar. To prevail in a copyright case, he’ll have to beat the tough test that judges impose for infringement. But Richardson also saw something else on Top Model that he doesn’t find attractive.
He alleges that there are artists and artist administrators who are receiving money out of the show’s music budget — just not always the ones whose songs are being played.
For instance, In the fifth episode of the tenth season of the show, Richardson says there are 179 songs on the cue sheet and 37 of those songs weren’t actually played. And who might be deriving benefit for those 37 songs?
Richardson offers this:
“The ‘author’ of these non-existent musical compositions appears fudiciary related to the music supervisor [Matthew M. Kierscht, Lawyer, CBS Music Supervisor] and/or the author of the actual cue sheets themselves (Donald Steever, CBS Music Operations Manager.]”
Richardson believes that the lawsuit will turn up more adventures in cue sheet manipulation. Besides copyright infringement, he’s also suing for fraud, unjust enrichment and negligent representation.
http://www.hollywoodreporter.com/thr-esq/top-model-musician-sues-cbs-373002
Awesome story.
This has probably been happening for a long time now. I stopped working with a library that I suspect has been using my music without cue sheets being used. I found out through a survey that some of my music was being used for a popular cable TV show. I called up the producer of the show to get more info. He told me which library he thought sent him the cues.
Unfortunately, the situation was never resolved and I have not been paid for those usages. But I have had more success with other companies. I cannot worry about it. I learned my lesson and now I am moving on.
You speak different on this forum. On FP you are the guy that causes havoc.
“Havoc” on MLR = Banishment!
What is “FP”?
What is “FP”?
I was wondering that also.
“Richardson says there are 179 songs on the cue sheet”
Crikey they use a lot of different music, blink and you would miss it. An hour long show is approx. 40 mins actual, which would mean a different cue every 20 secs, with wall to wall music. Doesn’t sound right does it ?
He’s known as a person that trolls and casues havoc.
Some think he’s our old “friend” yagdu, who was kicked off of here. If so and he acts up, he will be banned.
Syntax akin to “synthplayer.”
Syntax akin to “synthplayer.”
Ah yes, lest we forget. 🙂
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