a lesson painfully learnt

I would like to share an event that happened to me recently. Hopefully, it will allow some of you to get through life without having to go through the difficulty I had to face in this regard.

Around 12 years ago, I composed the score for a short film. I was paid enough, though no contract was signed.

Fast-forward 5 years. The same film maker makes his first large-scale film. Unfortunately, despite his repeated promises that I would be the composer on the project, I was replaced by someone else. Meh, I can live with it.

Fast-forward yet a few more years. This feature film comes out on DVD... and low and behold! the short for which I had written the music is added as an "extra".

The lesson?

REGISTER ALL YOUR MUSIC with ASCAP, BMI, or SOCAN, or whichever performing rights society deals with composers' rights in your country.

DO NOT COMPOSE A NOTE OF MUSIC for anyone without a signed contract specifically detailing what can happen to your music.

As it turns out, I lost the money I would have received from that short film because the producer/director refused to sign my SOCAN cue sheet. He was afraid it would entail more expenses on his part. I finally gave in. Silly me! The film played repeatedly on television, AND in international film festivals on at least 35 occassions. I would have received performing rights payments for ALL of those performances.

On top of that, had I also registered with the mechancial reproduction rights organization here (SODRAC in Canada), ANY and all performances where a copy of the film (tape, DVD, etc...) was used would have given me moneys.

And last but not least, I would have gotten money from the DVD release of the longer film.. simply because my own score to the short film was also on that DVD.

So, the lesson?

Take the 5 minutes it takes to register any and all works of yours that will receive public performance, even if you think it will only be once. You could end up being surprised.

Thats too bad man I feel for ya.

Ouch, that must have been quite a blow

ah well, at least your name's on it...?

Damn it Michel, that sucks

yup, sucks big time.

So I'm telling all of you who are potentially writing for film, or even for games, that you should register your works.

And you should get contracts.
Even if you ARE working with friends.
Who knows, that mod for which you wrote a score just MIGHT end up being so popular it ends up getting a serious commercial release... and of course, with no contract, you're up the proverbially polluted creek without a paddle.

Just be sure the contract specifically states that you retain all rights to your music.

...Mmh I would have like to know the title of this movie...
Is it because it's too much popular you fear to get too much fans here? ... or because it's a québecois film? I hope it's for the second one, so... you could tell me...?

I would tell al my friends about it

Just curious, but does it cost anything(besides time) to register a piece?

Sorry about that, Michel.

His message is clear, and quite right. My partner makes an increasingly large chunk of his living every year from royalties, and he is careful to register practically his every creative thought with BMI, without fail. He is also scrupulous about getting contracts. A few times when he wasn't so careful about it, he got screwed...and often, it's the big-time people who can most afford it who are the first to do the screwing.

I didn't think it was available to classical composers, but apparently I'm quite wrong, so I'm going to register with BMI and/or ASCAP. If I remember rightly, you have pay a fee to join, but registering works is free. Someone correct me if I'm wrong.

normally, it costs nothing to register your piece with the performing rights society.

I can only speak from experience about the Canadian society, called SOCAN.

They even have a nice online form for registering new works. Very handy. Unfortunately, since the filmscore form requires signatures of producers, etc... it does not exist as an online form.

And no, I will not name the film, nor the director.

Sorry to hear about your loss, QC. I for one would be ready to commit mass murder.

Anyway, Lee I am a member of ASCAP and there is no fee to registser for membership.