The exploited artist gets paid

BMI is an American performing rights organization that represents more than 300,000 songwriters, composers and music publishers. And a lot of indie music artists are asking BMI, Where’s my money?

After three years of significant exposure (for an unknown indie artist) on terrestrial, satellite and Internet radio, I’ve finally received my first royalty check from BMI. This initial payment for $10.25 covers the first quarter of 2006, for unspecified Internet radio play.

But what the music business gives with the left hand, it takes with the right. Tower Records more than balanced the scale by bouncing its final check for sales of my EP, Look What I Made! and shipping my remaining inventory to the liquidators. I didn’t need those CDs, anyway. What was I going to do — sell them?

Hey, BMI. Is that all there is?

Yeah, gettin’ paid for gettin’ played is a milestone. But what took so long? Did BMI collect my royalties during the 28-month period for which I’ve still not been compensated? If not, why not? And if they did, where’s my money?

Performing rights organizations such as BMI and ASCAP have traditionally collected and paid royalties based on surveys of radio playlists. But in a digital marketplace, such imprecise logarithms don’t wash. Complete records are readily available, via such services as Neilsen Broadcast Data Systems.

If I want to track my Sirius Radio play, for example, I just search for “Turetzky” on Song Seek. Oops! Looks like I may have fallen out of the rotation on Raw Dog Comedy. But the information is there, for anyone to consult. So, why can’t BMI find it?

It can’t just be me. Unless it’s just me.

And If I’m in this boat, so are thousands of other independent artists — who comprise the vast bulk of BMI membership, the ones who never appear on the cover of BMI MusicWorld.

BMI has haughtily ignored my requests for proper accounting, although I’ve provided extensive documentation of my Sirius Radio play.

Are you still waiting for your first check from BMI? Have you had a better experience with ASCAP? Let me know.

Posted in: Hot Topics at 6:07 pm Tue, Nov 7, 2006.

4 comments

1. 

   Danny Taddei - Sandy Feet Publishing BMI - but not for long says:
   

   11:12 pm Tue, Nov 7, 2006

   Those that know me and deal with music, have at least once, heard my rant about BMI. When you sign with BMI, you have to keep your contract for many years. This month is the first moment since my last signing that I am free to leave and I have been celebrating that fact since the first of the month.

   There must be thousands like you and me out there and that is why I am writing this post – to support your statements.

   I think a brief but direct statement about one of my dealings should make anyone with copyright ownership run, not walk from BMI.

   One song my publishing company decided to work with, \”Clinging to a Suitcase\” was used as a “Featured Performance” on a Jenny Jones Christmas Special. The market share was high but the royalty check was only $804.00. That raised eyebrows but no accounting was ever given up even when asked in writing. The next year, the same song was performed on the same show with a similar market share. The royalties were $8.00. Again no accounting was made available.

   The songwriters started up a beef and called BMI to claim that their song should be released back to them because it fell into the reversion clause. (anyone ever signing a publishing contract knows that just isn’t something that is going to happen after the song has been on national TV). Without notice, reason or legal right, Chuck from the Nashville office granted their request. When I found out about it I sent a copy of our publishing agreement with a nasty letter and a few months later, the matter was worked out. The songwriters again contacted Chuck and Chuck once again reverted the publishing back to the songwriters without any notice, reason or legal right. (I guess he had something going with the songwriters?) This was the same mistake on the same song with the same people involved. Draw your own conclusions.

   This is not the only case to be looked at but anyone can see from just this one song that BMI is a really bad, if not criminal company. They do not pay what should be paid, to not honor their contract to act as my fiduciary – and (who knows the motivation of Chuck) have caused me countless hours of work to undue the grossly negligent actions of good ‘ol Chuck!

   For me, this month is the start of new good hope as I transfer all my rights over to ASCAP. They have always been helpful to me when I call them. (as a publishing company, I have names under both BMI and ASCAP) As of this month I will have my writers and publishing exclusively with ASCAP. I would suggest to anyone new to the business that you take these words to heart. To anyone not new to the business, I’m sure you’ve heard this before!

   Reply
2. 

   Serenata says:
   

   8:02 am Wed, Nov 8, 2006

   That stinks, man! Why the other artists aren’t joining you and bring this BMI down once and for all?

   I mean, you do not live in a Communist country to work for the community and to receive a shake of hand or better a hug.

   Those thousands Danny talks about should join and do something. I understand that artists are not interested so much in an income, but not like that.

   It’s outrageous!

   Reply
3. 

   Josh Alan says:
   

   1:15 am Fri, Nov 10, 2006

   I’ve found BMI to be lax, inefficient, negligent and disorganized.

   They went through a very good period, about 15 years ago, where they aggressively took care of business and got low- and middle-level songwriters paid. Then they seemed to fall apart.

   I’m sure they’re very good when it comes to collecting Paul McCartney’s (well-deserved) royalties.

   But I’ve always taken the position that, even if I’m owed only one hundred dollars, I’d like to have that hundred. BMI’s method of calculating royalties is obsolete and seems to disregard all the modern delivery systems for music.

   Reply
4. 

   ASCAP GUY says:
   

   2:50 pm Sun, Apr 22, 2007

   I joined ASCAP because it was free and when I did a lil research people were saying how bad BMI was so I chose ASCAP.

   I havent published any music yet but I copyrighted some of my song lyrics and i’m hoping to register songs on ASCAP pretty soon. But i’m thinking now what use is it for me to publish my songs if i’m not going to fit into the top 10 percentile that these PRO’s care about?

   I’m confused as to how this system really works, I thought I knew but it seems I only know what they tell people and not how it actually goes down. Are we all better off with Sesac or a European Pro?

   Either that or it seems a collection of artists will have to build a new system.

   Reply