When writers and publishers think of public performance royalties, they invariably think of radio royalties. Radio play is certainly a big part of public performances, but it isn't the whole ball of wax! In fact, public performance royalties are constituted of so much more. And so can your bottom line: Every time your song is performed at a live engagement or gig, if the ticket price is over 6 bucks, public performance royalties may be generated as a result of the performance.
Yes, there is a catch. That's what this article is all about! Public performance rights collectives from ASCAP and BMI in the US to APRA in Australia, don't collect these royalties for writers automatically like they do for radio royalty income. Like Dora says, the rights collectives need your help to know the "when, what and where" of the performance. This is where EBA comes in. If you keep us up to date with your tour schedule, we can enhance your royalty income by filing for all these extra and unclaimed royalties.
But don't wait until the end of the tour. EBA has established reciprocity agreements with many agencies in North America. If your agent isn't affiliated yet, we are always happy to make new friends. We can help quicken the process by obtaining the information (with your permission of course) from your agent so that all the right gig information gets filed automatically thereby ensuring that you will get the maximum revenues from those live performances.
Some members have queried, "isn't this taking money out of my right pocket and putting it into my left one?" Good question. The answer: "Absolutely not." Paying public performance royalties is an obligation of the venue you are playing in. It's the law! The obligation is still the venue owner's who is likely already paying fees to the local rights collective whether you are collecting or not. If you are playing shows being marketed by a local promoter, the promoter is likely deducting the fees from you as one of their allowable expenses, irrespective of whether or not you collect it. But the fact remains that the obligation to advise the rights collective rests on the performer. If the rights collective doesn't know you performed, than you will not get paid! That's the bottom line.
Live engagements are just the tip of the iceberg. The key is to think of public performance royalties in a new way: Every time a composition is played in public, someone is responsible for paying for that play. So, if your song is played at a sporting event, there is a royalty due. Outside of terrestrial radio play in your home territory and some television programming also in your home territory, rights collectives do not know when and where your songs are being played unless you make them aware of the performance. This issue will be explored in further detail in subsequent tips of the month.
Another example arises when you have obtained a synch license for your song if it is to be included in a film or television series. When that film or tv show is replayed, the broadcaster or theatre (not the same entity as the one which paid you for the synch license) will owe you a performance royalty for the public performance of your song. Those synch licenses need to be properly filed with your own rights collectives or your rights cllective will not know to collect the money on your behalf.
The only way you can get the money rightly due to you is by supplying the rights collective with the information. And this is where EBA comes in. We take on the tedious process of ensuring that your synch is registered quickly and flawlessly. Contact your EBA representative whenever you enter a deal to exploit your music. We can help make you more!
Isn't being in the system great! It's like money in the bank! For more information call your local EBA representative.
