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Library/Publisher chiming in here: The PROs cannot force a network to clear the music through them. As someone said above in the thread, the owner of the music has the right to do a direct license with an end user. In the case of Scripps, they choose not to work through the PROs on programming. Instead, Scripps puts the responsibility back on the production companies making the shows to clear the music directly with the publisher. Having said that, Scripps has also established pricing (which includes the Direct Performance License) for what they think a library should charge for a 30 minute show and a 60 minute show.
So, why would a publisher work with these programs? A) Some money is better than no money, and B) There is the potential for backend PRO money via international broadcasts.
Regarding a publisher not paying….this should not happen! For example, if we do a Production Blanket License with a show created for Scripps (which is not often, as we are not particularly chasing those), some of that fee is dedicated to Sync Fees, and some of that fee is considered Direct Performance fees. In our eyes, those Direct Performance Fees should be split 50/50 between the publisher and the composer, as that is precisely how the PROs would have divided up the money if they were involved. We then pay that out to the composer and it is specifically identified on their statement as such. Unfortunately, this is a grey area where different publishers handle it differently, and I admit that I don’t know how most handle it, but I do know some BIG libraries that don’t handle it correctly. They shall remain nameless as I am not hear to throw mud.
Admittedly the the fees are not fantastic, and depend somewhat on how many songs get used because the Production Blanket is a flat fee that has to be allocated to each song that gets included in the program. Anyone who tells you it is too difficult to account for pennies should not be in this business and should not be trusted with your music. Its’ just math.
I hope this insight is somewhat helpful.
Art, my hope is that the ads will eventually make it to Competitrack, and the Pharmaceutical explanation makes NO sense whatsoever.
Please keep us updated on this. Especially if you hire a “royalty recovery” specialist. We have run into similar situations. Furthermore, even on spots that Competitrack DOES recognize, it seems that iSpot recognized many more airings than Competitrack.
Frustrating to say the least.