Should I register retitled works?

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  • #35533 Reply
    bfdcsd
    Participant

    Contract indicates: Library can only use compositions under alternate “work titles.” Library registers retitled works and collects all income except writer performance royalty income. Writer shall administer compositions and collect income for uses and/or licenses by writer (copyright owner) under the original or any other titles.

    Is this a complex way of saying that, if I would want that writer performance royalty income, I need to register the retitled name?

    #35534 Reply
    Art Munson
    Keymaster

    Is this a complex way of saying that, if I would want that writer performance royalty income, I need to register the retitled name?

    No it does not. You would still get your writer’s income from the retitled work as they will register that title with you as writer and they as publisher. They would only collect the publishing income.

    You would/should register any other titles (not being used by other libraries) with you as writer and publisher.

    At least that’s a typical deal unless you have made one of those horrible deals where the library wants a piece of the writing income. In that case they would register as publisher and co-writer with the alternate title.

    #35539 Reply
    ORPM
    Participant

    With fingerprinting it can create conflicts if you register the new title with your PRO. Mine (Gema) said I have to register it as alternative title on the same work and publishing rights are goner worldwide. I will not work with these retitlers.

    #35540 Reply
    Art Munson
    Keymaster

    Mine (Gema) said I have to register it as alternative title on the same work and publishing rights are goner worldwide.

    Interesting, not a requirement with BMI, as far as I know.

    I will not work with these retitlers.

    All non-exclusive libraries re-title in some way. Mostly by appending a code of some sort. As an example Jingle Punks ads JP to the end of your title. “My Song” becomes “My Song-JP”.

    #35541 Reply
    ORPM
    Participant

    Ok so I wonder: if I go non exclusive with 5 retitlers and they all get 50% of my royalties as publishers on Ascap how is my PRO supposed to work this out? Is each getting 10% because he is 1/5 th ? I would have to register 5 versions of the same title with 5 publishers in case its the same track. But the fingerprinting will always see the same file…

    #35542 Reply
    bfdcsd
    Participant

    Thanks, Art (and everyone else…an interesting conversation, to be sure).

    It makes sense that the performance royalties go where they’re supposed. The wording of the contract made it seem like I had to do something to make that happen. But it was a case of me reading a meaning into something that wasn’t there. That’s what lawyerese does to my brain.

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    #35543 Reply
    Art Munson
    Keymaster

    Ok so I wonder: if I go non exclusive with 5 retitlers and they all get 50% of my royalties as publishers on Ascap how is my PRO supposed to work this out?

    It’s pulled from the cue sheet.

    #35578 Reply
    ORPM
    Participant

    Yes pulled from the cue sheet but my PRO will pass 40% to this new publisher even if he was NOT involved in the placement but I placed it…The publishing contract is worldwide, an absolute no go for me for NE.

    #35579 Reply
    Art Munson
    Keymaster

    Yes pulled from the cue sheet but my PRO will pass 40% to this new publisher even if he was NOT involved in the placement but I placed it

    I guess I’m not understanding. If you placed it you would use your title that lists you as publisher. That’s they way I do it at BMI and have never had a problem in the 15 years I have been doing this.

    #35580 Reply
    LAwriter
    Participant

    I guess I’m not understanding

    Yeah, doesn’t make sense to me either Art….

    #35582 Reply
    ORPM
    Participant

    Gema tells me I have to add the retitled name to the original name thus making the retitler my sole publisher for this track with 2 titles and this publisher (won’t say who) wants worldwide publishing rights. Makes sense now?

    #35583 Reply
    Art Munson
    Keymaster

    Gema tells me I have to add the retitled name to the original name thus making the retitler my sole publisher for this track with 2 titles and this publisher (won’t say who) wants worldwide publishing rights. Makes sense now?

    Ah, got it. Has to do with your PRO requirements. Don’t have that problem with BMI.

    #35586 Reply
    ORPM
    Participant

    That is probably because BMI doesnt use fingerprint tracking? GEMA started last year.

    #35592 Reply
    Art Munson
    Keymaster

    That is probably because BMI doesnt use fingerprint tracking?

    They do not for TV but they do for radio commercials and they use Numerator/Competitrack for TV commercials. I don’t know how Numerator tracks but lately my Numerator airings are very close to what Tunesat is detecting.

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