Quick reply please Direct Licensing question

[Pat]

Could use some quick help with this one folks folks.
One of my overseas libraries (Germany) licensed a track to a client for an internet video but overlooked the fact that my track is registered with BMI. The library is telling me they would have to pay royalties for using that internet video use. They are asking me to write a direct license for that specific project (don’t have a clue how to do that) otherwise the client will have to cancel the order.
This doesn’t make sense to me. BMI royalties have only come into play for TV broadcast use where cue sheets are filed for those royalties. Maybe I’m not understanding but I’ve been licensing tracks for use in internet videos with no BMI coming into play.
We’re only talking about $35 for my share. What I find a bit strange too is that the client paid for 2 of these licenses for the same cue and didn’t respond to the library asking if they meant to do that.
Coincidence or could they possibly be wanting to use one of the licenses for broadcast?
Do you think it’d be worth it for $40 to figure out how to write a direct license for this?
Some thoughts would be appreciated. Got to get back to him on this fairly quick I would imagine. Just want an idea of what’s going on here and maybe and if thee is something I don’t know that I should know, I’ll probably find out here.
tia
Pat

[Pat]

Maybe I’m answering my own question by talking it out loud but I’m leaning toward not getting into direct licensing because to me it seems like it would undermine the whole purpose of being registered with BMI in the first place plus the fact that we’re not talking a whole lot of money here.
I’d rather just chalk it up to the client accidentally picking the wrong track for his purposes and they can cancel the order if they choose to and maybe I’ll just move on.

[MichaelL]

Yeah, Pat. It sounds odd. I don’t think that they understand who pays royalties, especially internet.

Maybe they’re looking for a no content ID guarantee.

(BTW…you’re up either very early or very late!)

[MuscoSound]

My only thought is maybe it has to do with the GEMA and the way they do things in Germany. It sounds like some kind of misunderstanding or something is getting confused. Just a guess though. It seems like an odd situation.

[Desire_Inspires]

All of that hassle for $40? I would decline.

[Pat]

That’s my thought besides the reason I posted above.

[Pat]

Thanks for the responses guys!I decided to pass on the direct license thing. It wasn’t worth all that for next to nothing and the whole thing is a little too strange for my comfort level. Besides I’m already not too happy that they make composes construct invoices for sales they know they owe for. Seems that should be their job but that’s another conversation. I’m just not going to go through any more hassles then I need to least of all for so little money.

[Desire_Inspires]

Besides I’m already not too happy that they make composes construct invoices for sales they know they owe for. Seems that should be their job but that’s another conversation.

That doesn’t make sense. Is this company lucrative for you? If not, you should consider pulling your music if at all possible.

[Pat]

I do get just enough sales to warrant keeping the tracks there DI but I’m glad I stopped submitting once they went exclusive. When I do get sales I wait until I’ve sold a few before sending the invoice which I made a template of to make it simpler but I won’t sign anymore deals like that where they put the burden on the writer to submit invoices instead of just sending what they know they owe through Paypal or check or something better than this way. When I first stated doing this,it was more important to me getting started and I’d worry about the rest late.
After this experience though how I get paid is just as important as when and how much. I chalk it up to experience which at the time I had none. I’m sure they’ll always be lessons to learn.
Frankly,I don’t make enough from any of these RF type libraries to write home about but where they won’t buy me a new car, they are putting gas in it.
After 3+ years of submitting to RF libraries, I think it’s fair to say that backend royalties from TV placements seems to be a much better fit for me overall so that is where my focus is these days.They are actually paying a few bills.

[Pat]

I’m in California MichaelL. Usually up by 7am, 40min walk to get the brain going then I sit down to write for most of the day.

[Dave]

Let’s all read about GEMA:

http://en.wikipedia.org/wiki/Gesellschaft_f%C3%BCr_musikalische_Auff%C3%BChrungs-_und_mechanische_Vervielf%C3%A4ltigungsrechte

I sure would like to know more about this PRO from it’s members. Do any GEMA members participate in this forum? German music buyers seem to increasingly want to avoid GEMA from my communications with folks in Germany. Is that good for composers?

I doubt it.

This PRO is no small time player. They collect more than ASCAP based on what I read in Wikepedia.

I am in discussions with a catalog over in Germany and the first thing they asked was “we don’t want to deal with GEMA!! so if you are a member please no that we will not accept GEMA registered tracks.” Yet, they still wanted my PRO affiliation information which is ASCAP.

There definitely is a trend to avoid “militant GEMA” by German music users/ buyer. Can someone from Germany chime in and set the record straight?

[Author]

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