Youtube and Commercial: bespoke music and royalties?

[Wall_E]

Hi everyone!

I was asked by a “big sports and bike agency” to compose 1 min of music for their new advert. They payed me upfront and now this adv is on Youtube on their channel. What about royalties in this case? The video has more than 500’000 views right now and I’m not sure what to expect since my brain still goes in kernel panic when speaking about PROs, copyright etc.

Thank you 🙂
Wall-E

[Art Munson]

This might help you http://blog.songtrust.com/music-publishing-news/5-things-you-had-wrong-about-youtube-royalties/. Really depends on the contract you had with the agency.

[Wall_E]

Thank you Art,

but the article didn’t clarify my doubts unfortunately.

The thing I still don’t understand is if I am eligible of back-end royalties at all when composing a track for a commercial ended on YouTube. Since the number of YouTube views with this client adverts are most often >400’000, this can be quite interesting for me. All the music composed for this and older adv is registered to my PRO.

What should I specify in the contract and (more important) what would change, in terms of $$$, for my client?

[Art Munson]

but the article didn’t clarify my doubts unfortunately.

Have you tried contacting your PRO? Maybe they could answer more definitively. Also some other folks may chime in soon.

[music123]

Wall E, just follow procedure with your PRO and file an advertising and promo claim on the project. Or register as a “jingle / commercial/ advert ” as some PRO’s may approach the task. You have to inform your PRO that your music is attached to a project and yes, you should get some performance royalties for this project. Your music is being “performed” and therefore, you should collect “performance royalties”. Don’t assume your PRO will get wind of this project, you need to inform them. I just filed a claim on 2 commercials today and provided links to the commercials, the name and contact info at the advertising agency, etc. It never hurts to communicate to your PRO that your music is attached to a commercial or any media project for that matter. All you may have to lose is an e-mails worth of time. The more information you pass on to them about the project, the more likely they will pay performance royalties. There is never a guarantee that you collect royalties from your PRO, but what do you have to lose by trying? Nothing, but a few moments of time.

[Art Munson]

Good info music123

Another thing you might think about is a Competitrack account https://www.competitrack.com/us/index. When I needed proof for BMI I set up an account there, searched for the commercial and was paid by BMI. This was for a track purchased of a royalty free site but used on TV and I found the use through Tunesat. Don’t know if it helps with YouTube but technology is moving fast!

[music123]

Art, yes competitrack is used by all 3 USA PRO’s to cross reference data/ air date, and number of times a track airs on a commercial. In fact, it may be the only source PRO’s use to pay on TV spots. I too have an account at competitrack and every composer who places into USA TV spots should also open an account there. I use the data from competitrack to inform my PRO of all of my tracks airing on TV commercials and the results have been well worth the effort. Because of competitrack, I was fortunate to collect a 5 figure check from my PRO last year. I actually think those royalties would have just slipped through the cracks without competitrack’s technology and database. Writers need to have accounts there just as much as they need to have an account at a PRO, with a publisher, or any RF site.

Some disappointing news I have learned in 2016:

Canada, SOCAN, does not pay performance royalties for TV commercials, completely ridiculous.

SESAC does not pay PR’s for music on Radio Commercials, equally ridiculous.

Not sure if ASCAP and BMI pay for radio spots. Anyone know?

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