Turning In Cue Sheets – Legal, Ethical, Moral?

[yzzman1]

So here I am in a typical scene of chasing down cue sheets from a production company that apparently hasn’t turned in cue sheets to ASCAP in two full years. I asked ASCAP to look up 106 and Park (on BET) – I’m waiting on cue sheets for a considerable amount of uses – at least enough to chase down – and ASCAP has no cue sheets for this show since 2012. Typical right? ASCAP told me they pretty much just stopped turning them in completely.

I wanted to ask those many who know more than I do – is there a LEGAL obligation to turn in cue sheets? As part of their agreement with the PROs? Is it simply just an ethical and moral obligation? If you had the theme song on a huge show that didn’t turn in cue sheets (not my situation) could the composer file a lawsuit? Could only the PRO’s file a lawsuit? I know some libraries require cue sheets as part of their blanket license but not all explicitly state so. Would anyone have legal right?

Thanks for anyones answers. Very curious.

[Desire_Inspires]

I would believe that there is a legal obligation. Companies that use music registered to PROs do pay a blanket license to them for usage. But I am not sure how aggressive PROs are at getting companies to file cue sheets.

Here is some info I found at ASCAP: http://www.ascap.com/playback/2005/winter/features/cuesheets.aspx

There is a lot of unclear information regarding PROs and royalty payments.

[gdomeier]

Have you tried contacting the library and see if they can pressure them?

[yzzman1]

Desire Inspires – you are so right. Very unclear and that’s why I’m determined to find out more info about this.

Gdomeir – I’ve tried that approach before and certainly will again. Have had various levels if success with it.

But I’m more interested in seeing replies to the question of – Is it a “legal” obligation? Legally required by whom and to whom? Is it a legal part of agreements between PRO’s and networks based on blanket licensing agreements? I know sometimes libraries are effective, sometimes composers are effective in getting production companies to turn them in, etc. But if it is indeed a legal requirement and what is that based on?

I’m sure there is federal or state law that makes it “illegal” not to turn in cue sheets (at least not that I know of), but a contract of sorts forms legal agreements. Are there clauses in pro agreements with networks that their production companies need to contractually turn in cue sheets? I know certain libraries have a clause like this in their blanket agreements. If this is not the case then perhaps it’s never legally necessary to turn in a cue sheet – just a nice favor.

I feel like I’d like to take a break from the “fighting back” against not turning in cue sheets stance for a bit and start gaining some more information and real knowledge. I’m probably going to bring this up to my entertainment attorney whom I use for other things to see what we can find out about the legalities. But I wanted to ask those with more experience what knowledge they have on the legal requirements and what agreement or agreements those legalities could be based on.

[Mark Lewis]

You should keep in mind that PROs, at least BMI and ASCAP, are non-profit. They are there to help you, you are not paying them for their service of tracking every single use of your music on the planet.

I’m sure there is federal or state law that makes it “illegal” not to turn in cue sheets

I’m pretty sure there isn’t but I could be totally wrong. I’ve never heard of anyone going to jail because they did not turn in a cue sheet or turned one in that was filled out incorrectly. The jails would be filled with nerdy little network interns that have no idea what they did wrong.

[yzzman1]

Mark you are right. I mistyped that – meant to say I’m sure there isn’t any federal or state law that mandates turning in cue sheets. But is there a legally binding agreement between any two parties at all to turn them in? Between PRO and network? Or can a network and their production companies simply just decide to never turn them in, pay their blanket license fees and face no consequence. If that’s the case why bother paying people to complete any cue sheets – waste of payroll.

[Desire_Inspires]

More info on missing royalties: http://tinyurl.com/mfa52xk

[Jody Friedman]

When issuing your license for the program or network, be sure to add a clause in your license agreement that says:

Producer shall deliver to the appropriate performance rights societies, and to the Publisher, a music cue sheet with regard to the Picture promptly after the later of: (i) complete execution of this Agreement, or (ii) within sixty (60) days of the initial commercial broadcast of the Picture.

This way, you have a legal/binding document requiring them to submit cue sheets.

[yzzman1]

I spoke to a managerial rep at ASCAP – he was as curious as I am as to if there is a legal requirement to turn them in. He honestly believes there must be writing in a networks license agreement with ASCAP that requires them to turn in cue sheets and within a certain time frame. He said he will be reaching back out to me in the next couple of weeks with what he finds out from their legal department.

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