Unit 39 - Sound & Music Industry
Task 4: Royalties
When a band writes and records a piece
of music, that becomes shared property of the band, their record label and
publishing company. Therefore, if somebody wants to use their recording, they
would have to pay for that privilege, so they would be paying the artist (both
performers and writer) and depending on the sort of deal they've negotiated and
the nature of the bands contract the money they paid would be split between
their label and publishing company. Songs can be used in many different
situations, and each would entitle the artists to money as their song is
helping to do something, for example using a song in an advert is helping to
sell a product or service, so the artist deserves money for that. Songs played
in public places like shops and bars will earn the composer PRS royalties and
the performers PPL royalties, and the public place will need to pay for a
license from both of these companies before they can play music.
Firstly it's important to establish two
different kinds of royalties, performance royalties and writing royalties.
These two types of royalties are dealt with by seperate companies, and given
for different reasons, depending on the nature of the songs use. For example, a
studio recording of a bands song that they'd released being used on an advert
would get the entire band a performance royalties for everyone who performed on
the track, however if an artists song was covered by another artist to be
released again, the composer of that song would recieve writing royalties, so
if only one member of a group is credited with the composition of the song,
they would recieve all of the royalties for the money made from that song, and
the other performers wouldn't recieve anything unless the songwriter said
otherwise. This is why it's said that money is to be made in songwriting, and
often the songwriters in a group end up better off than the other band members,
which often leads to tensions and break ups in groups.
For performace royalties there are many
ways a song can be used to generate royalties:
· Television
- A song can be used to accompany an advert, in a television programme like a
drama or a comedy or event live at a sporting event or as a theme tune for it.
This usage of a song would generate a performance royalty for a group, as their
song had been used to promote or help improve what was being shown on
television, so they would be entitled to a payment because of that. The
payments would vary in amount depending on whether the music was used in on or
off peak time, and also depending on the size and popularity of the channel it
was used on.
· Internet
- Again advertising may use a song and play that advert on internet sites like
YouTube, and also just having a song played on YouTube, Spotify or iTunes will
result in a very small royalty because that viewing of a track has both
publicised the website and drawn peoples attention to related adverts on the
website.
· Radio
Play - A song being played on the radio would result in performance royalties,
and these royalties would vary in amount depending on the time of day/station
etc.
· Use
at events/ Public use - If a song is used in a public place like a
shopping centre, or during the interval of a sporting event or concert to
entertain then performance royalties would be due.
The royalties mentioned above would be
issued by Phonographic Performance Limited (PPL) who collect and
distribute royalties for all manner of artists. The places that play music
publically have to have a PPL license and a PRS to play music, so
royalties can be collected for the performers and composer, as playing music
publically generates a royalty for both, otherwise the place playing the music
is in breach of the law. It's also worth mentioning that the money made by a
band from the sales of their music both physically and digitally and their
merchandise would be classed as a royalty, although it isn't dealt with by
either of these companies.
The Perfrorming Rights Society (PRS)
are the company that take royalties from the use of songs for the composer of
that song, not neccessarily for the people who performed on it. Royalties are
due to PRS for the things mentioned above about PPL like public use,
television, radio and internet, but their are also additional things that can
result in the composer of the song making royalties.
· Covers
- If a song you have composed is used by another artist, they have to pay the
composer a percentage of the money they make from it. Obvious examples of this
would be X-Factor winners releasing covers of songs they did on the show like
Matt Cardle covering Biffy Clyro's "Many Of Horror", meaning that a
percentage of the money he made off it would be going to Simon Niel of Biffy
Clyro who wrote it.
· Professional
Composition - If your job is to write songs to give to other artists, then you
will earn royalties from it. It's very similar to the last point, but an
exception could be that in some cases a label may employ a songwriter by
contract to write songs for artists on their label, so they'd be paid a salary
with occasional bonusses for very successful songs, and not see royalties like
a freelance songwriter would.
PRS also cover performance royalties,
which is when your track has been performed live or a recorded version, either
at a live venue, on television or the radio. These can be collected as a one
off from a venue that happened to play your song in an interval that night, or
if you play live at many venues on a tour royalties can be claimed at each one.
The amount like anything obviously varies depending on the size of the venue,
ticket prices at the gig and the turnover expected to be made by the venue/in
house promoters if they have them. Larger venues have a percentage of ticket
sales taken by PRS to cover their license, so having your song played at one of
these would make more money than a smaller venue with a set annual fee.
This sort of on peak/off peak variant
applies to songs being used on TV and radio as well. For example if your song
is used on the radio at 5pm, it will make more in royalties than if it's used
at 2am because the two different times have a massive variation in audience
size, which effects the money generated.
The other side of royalties to cover is
mechanical and synchronisation royalties. These are yet another source of
income for bands, and a dealt with by other companies again. Firstly mechanical
royalties, which are collected by the Mechanical-copyright Protection
Society (MCPS) who are a sub-company of PRS, and are earned when
somebody wants to put your music on their product, like a DVD, compilation CD
like "Now That's What I Call Music" and CD's included with magazines
to promote the magazine itself. This is also aplicable to album samplers issued
by labels to promote the artists releasing music on their label, so even though
they're the label issuing the music, they have to pay to MCPS to put that
recording on the sampler so the band or artist gets a royalty for that. These
royalties link in with synchronisation royalties which are for the use of music
with visual images, be that in a film, programme, video game, advert or
promo. Instead of being dealt with by a comany though, they just have to be
approved for use by the label and publishers, as like I said in the
introduction the bands music will be joint property of themselves, their label
(the recording of the song) and the publishers (the song itself). Depending on
the negotiation a band has with their label and publishers the percentages of
where the royalties for the use of the song goes will vary, but the most
straight forward would be 50% to the artist, then the other 50% split 25% each
between the label and publishers, but of course this can vary depending on the
size and fame of the artist, the profile of their label and the publishers they
use.
In conclusion, royalties are a crucial
part of an artists income, and they can come from many different places,
generate a little or a lot of money and are dealt with by many different
companies who take a cut from the artist or label/publishers for their work.
Royalties are themselves issued quarterly (every 3 months) and unclaimed
royalties are distributed between the highest earners at thar company. They are
a cornerstone of a bands livelyhood, and are often the reason for bands tension
when they realise one member is better off than the others, and that they're
being conned by a little section of their contract, meaning the label is making
money off them. All in all however, if the band is managed correctly and
lwayers check their contract before signing then they can suppliment their
income vastly throught royalties.