For
example, the German society GEMA distributes quarterly to its domestic members
and every 6 months to foreign societies. This means that for activity detected
in the first half of 2008, GEMA will verify the data during the second half of
2008 and pay SOCAN for its members' activity in the first half of 2009. If received
early in the second quarter, SOCAN will verify the received data during that quarter
and pay its members in the August 2009 distribution. Although it's a bit of a
wait, all is as good as it gets, given the accounting procedures.
GEMA
publisher members can monitor activity for television series music through TV
data subscription services. In a perfect world, they compare this data to the
statements they receive from GEMA to ensure accuracy. Here's where the lock gets
picked:
Publishers can also see activity for writers and their works that
may not have secured a German sub-publisher. An unscrupulous publisher will take
careful note of the Canadian writer and go to the website for the Guild of Canadian
Film and Television Composers. On the site, they easily search and find contact
info for the composer. They send an email enquiring as to whether or not they
have a publisher representative for Germany because "uncollected money is waiting
for you". Of course, the fearful composer responds, asking for more information.
The publisher knows that they have lots of time on their side to make and close
the pitch, which might go like this: "I have reports that indicate you have activity
on German TV for the XXXXX TV series. GEMA is so inefficient that you might never
see the money. Make me your German publisher for XX% and I will guarantee you
get paid!!" Fearful writer agrees. Agreement in hand, Publisher quickly and legally
registers their new share of the works with GEMA. GEMA pays the German publisher
in the next distribution. The writer eventually receives their now-eroded share.
Writer is relieved to get paid…even though they would have been paid (in full)
anyway if they had waited.
If they had only contacted SOCAN first and
asked Member Services to ensure that GEMA had the correct work information, they
would have received the full share. Please do not construe this as a derision
of German publishers - the vast majority are excellent.
Simply remember
this: Don't let fear make your decisions for you.
Brian
Allen has a wealth of experience in the industry as a songwriter, guitar player,
producer, as well as enjoying 15 years heading up the A&R department at Attic
Records. He knows what it takes to be a winner in this industry, in mind, spirit
and in talent. He has over 10 million in career sales notched on his belt and
will be offering up his insight once a month, as a feature contributor to Songbridge,
with excerpts from his forthcoming book.
For more info on AMPLUS
Productions, contact Brian at brianallen@rogers.com
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