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Topic: Should I charge them twice or something ?

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  1. #1
    Power Profile User lukpcn's Avatar
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    Question Should I charge them twice or something ?

    HI, I got a proposal to compose music for one US company for their TV commercial... the commercial is 30 seconds long...

    Should I charge them as regular for this or should I get more
    since they want to use my music in the next version of this commercial too....
    so it will be like this...
    I make 30 seconds of music and they use it in two commercials...
    What should I do ?
    Any1 has experience in that matter ?

  2. #2
    Senior Member Bruce A. Richardson's Avatar
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    Re: Should I charge them twice or something ?

    GET A LAWYER. Yesterday.

  3. #3
    Power Profile User lukpcn's Avatar
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    Wink Re: Should I charge them twice or something ?

    Quote Originally Posted by Bruce A. Richardson
    GET A LAWYER. Yesterday.
    This would cost me a fortune.... and they want to pay me 200USD for this piece of music...

  4. #4

    Re: Should I charge them twice or something ?

    That sounds ridiculously underpriced! Depends of course if it's local TV or not. If it's not you could probably ask for at least 10 times that. If it's airing on any of the network channels make sure you're getting your royalties unless it's a buyout deal, in which case the $200 sounds like even more of an insult. Usually commercial work goes through an agency, and the standard fee for a demo has been $1500 for a long time. That's the DEMO. Often this fee is split between a number of composers competing for the job. If you get the gig it usually pays twice that for :30 and 4 times that for a :60. Usually you can't demand more money for versions of the same commercial that uses your music, but you'll get your royalties. Just hope it's not airing on HBO

  5. #5
    Senior Member Bruce A. Richardson's Avatar
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    Re: Should I charge them twice or something ?

    What kinds of markets is this commercial playing in? National? Local? International?

    Are you a member of a P.R.O., like ASCAP, BMI, etc.?

    It's the back-end that makes the money on a project like that.

    This is why I suggested an attorney.

  6. #6
    Senior Member Styxx's Avatar
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    Re: Should I charge them twice or something ?

    Bruce is right, totally!
    I did drums on a commercial in the early eighties, had a contract drawn up from a well respected contract lawyer and for several years I was receiving checks for my work every time it was aired and no matter where and when it was aired. As a matter of fact, if it were to air today, I would still be paid. Back then it cost me $500 for the contract including Lawyer fees. The return plus the initial payment for the session far exceeded the fees!
    You never can protect yourself and expect to come out shinning without proper legal assistance!
    Just my 7.5 cents.
    Styxx

  7. #7
    Senior Member newmewzikboy's Avatar
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    Re: Should I charge them twice or something ?

    My advice is to contact a performing rights organization if you are not already a member ASCAP BMI etc.

    You can sell your music for a small fixed price, however, you will get performance royalties when you get it played in the media, and that's where you will make $$$...in other words, it doesn't matter how many commercials they will put it on. Its how many times it is played on the TV that matters. In fact, this may make MORE $$$ for you by having MORE commercials to get play time on the air...

    You can sell your music at a fixed one time price, but, DO NOT GIVE UP YOUR PERFORMANCE INCOME!

    Again, contact BMI or ASCAP.

  8. #8

    Re: Should I charge them twice or something ?

    Sounds like they're paying you the same amount a needledrop music library would charge. In that case, they should pay you again for the second commercial because that's what a music library would insist on.

    You can insist on keeping both your writer's and publisher's share of performance (ASCAP, BMI) royalties because that's also what a music library would do. And of course you should maintain ownership of the copyright.

    You'll likely get no argument from them on any of these points because at $200, their only other option is needledrop and those guys won't budge on any of these points either.

    ASCAP or BMI royalties for commercials are tiny, even for network spots. You DO want to collect them, but don't expect much. I'll guess this gig is for a local furniture store or something. In this case, I'll predict you won't see any royalties at all.

    Unless this spot is national, I wouldn't hire a lawyer for this one. It's a lousy gig, but there's probably not much a lawyer can do to make it better. He MIGHT be able to negotiate more money for you, but that gamble will cost you. An hour (the minimum) for music attorneys here in L.A. will set you back $250 to $400.

    - Mike Greene

  9. #9
    Senior Member newmewzikboy's Avatar
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    Re: Should I charge them twice or something ?

    Mike is right on this one.

  10. #10
    Power Profile User lukpcn's Avatar
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    Re: Should I charge them twice or something ?

    Thanks for BIG reply....

    Can I as a citizen of Poland be a member of ASCAP BMI etc ???
    If it goes for example on some channel like CNN then what royalties I should demand ?

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