Musician Sues CBS Studios…

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This topic contains 19 replies, has 4 voices, and was last updated by  Michael Johnson 4 years, 10 months ago.

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  • #6845 Reply

    oneluv

    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

    #6862 Reply

    Art Munson
    Keymaster

    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.

    #6863 Reply

    oneluv

    You speak different on this forum. On FP you are the guy that causes havoc.

    Good to see there is another side to you.

    #6864 Reply

    oneluv

    This story should be a hot topic on here. it is a blueprint of what we can do to stop some of these practices in the business.

    #6865 Reply

    Art Munson
    Keymaster

    You speak different on this forum. On FP you are the guy that causes havoc.

    “Havoc” on MLR = Banishment!

    #6882 Reply

    Advice
    Participant

    What is “FP”?

    #6883 Reply

    Art Munson
    Keymaster

    What is “FP”?

    I was wondering that also.

    #6884 Reply

    Gus

    “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.”

    FWIW, Libraries do not fill out cue sheets..;)

    #6885 Reply

    euca

    I think FP is Future Producers. Not positive though.

    #6886 Reply

    oneluv

    He known as a person that trolls and casues havoc.

    Makes multiple type post back to back, but here is actually civil

    #6888 Reply

    composer2012

    This guy delray is clueless and when this gets thrown out he will have to find another line of work,

    these are the new facts of 2012,

    it takes thousands of placements to make money in this business, the average bmi / ascap pays out is $50 per track placed per quarter per airing episode, you win some you lose some, that is how the game is now played,

    Sync fees are virtually non exsistent,  yes I use to get them to, but today with the  the major labels offer ing their artist songs for free to tv shows, so they can get free national marketing exposure, the networks are no longer paying them,

    Anyone who gets a lot of placements these days knows that it is all gratis and you have to give up all of your publishing and in some cases some of your writers on top of that to get your songs / tracks placed

    if you want a more fair of a deal go and get your own tv show produced which will cost about 500k,  and get it picked up and aired on a major or cable network, youtube does not count, then you can write your own ticket,

     

     

    #6889 Reply

    woodsdenis
    Participant

    “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 ?

    #6890 Reply

    Art Munson
    Keymaster

    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.

    #6891 Reply

    MichaelL
    Participant

    Syntax akin to “synthplayer.”

    #6892 Reply

    Art Munson
    Keymaster

    Syntax akin to “synthplayer.”

    Ah yes, lest we forget. 🙂

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