Need some advice regarding royalties please

Neil_Sedaka

Hi all,

I was a member of a band that signed to a major UK label in 1995 and the same year we also signed a publishing contract with a major UK publishing company.

We signed up for a two album deal and one album was released along with several singles from both albums and we toured extensively in Europe.
We had some success abroad and appeared on MTV, BBC, The Late Late, etc.

I left the band in 2000 and have not heard anything about playlists or royalties since.
Our manager took care of all of this!!! and to be frank, we are no longer on good speaking terms.

We did sign a legal, inter band agreement, but I was never given a copy of it.
My percentage was recorded on this document, which was signed in the presence of the band, manager and official witnesses.

My question is, does there exist an online database of European playlists (obviously with archives) where I can see if I am due any payments that I should have received but went wayward!!!!!!!!!!

I can't really ask the other band members as they are related and it's kind of complicated.

Thanks for any advice.

mathepac

Here's two places to start with. In IMRO site look under the red mike for creators

http://www.imro.ie/

The RAAP site is exclusively for recorded artists / actors I believe.

for http://www.raap.ie/

Have you approached the record company for info?

IIRC the publishing company only comes into play if you have song-writing / composing credits. Was it the band's or a pre-existing music publisher?

Neil_Sedaka

Thanks for the reply.

The publishing company was Chrysalis.

Our manager signed us with (I'm struggling to remember here) The PRS in the UK and IMRO.

I have contacted both the PRS and IMRO, the PRS were not too helpful and IMRO have the records of the two existing songwriters only.

I absolutely remember (begrudgingly) signing a contract for 15% of all income.
Singer was 25%, another member was 25%, manager was 20% and us two remaining band members settled for 15% each.

Whilst a member of the band, I agreed that any and all income be put back into one of the bands accounts, to pay rent on our apartment in London, pay band wages and personal flights etc.

Now in fairness, we were "critically acclaimed" and never sold sh1tloads of records, but we did chart in Belgium (God love their cotton socks ) and sometimes friends tell me that they still occasionally hear one of our songs on the radio.

Kettleson

Neil_Sedaka wrote: »

Hi all,

I was a member of a band that signed to a major UK label in 1995 and the same year we also signed a publishing contract with a major UK publishing company.

We signed up for a two album deal and one album was released along with several singles from both albums and we toured extensively in Europe.
We had some success abroad and appeared on MTV, BBC, The Late Late, etc.

I left the band in 2000 and have not heard anything about playlists or royalties since.
Our manager took care of all of this!!! and to be frank, we are no longer on good speaking terms.

We did sign a legal, inter band agreement, but I was never given a copy of it.
My percentage was recorded on this document, which was signed in the presence of the band, manager and official witnesses.

My question is, does there exist an online database of European playlists (obviously with archives) where I can see if I am due any payments that I should have received but went wayward!!!!!!!!!!

I can't really ask the other band members as they are related and it's kind of complicated.

Thanks for any advice.

The income from Radio Play is collected and distributed by the PPI for Ireland and the PRS for the UK.

It is up to the publisher/record label to advise both of all official releases. (That is after the label has applied to and become a member of those organisations).

That agreement does not however cover airplay for the most of Europe and the rest of the world.

If a publisher/record label wants to collect royalties from airplay in the rest of the world, then they have to apply to and become a member of the radio licencing authority for that particular territory.

Hope this helps. PM me if u need for info.

Neil_Sedaka

Cheers Kettleson, plenty of food for thought there.

Our agreement with the record label for royalties from airplay? I honestly don't know.
Our manager spoke in tongues at best and I was sometimes asked to sign stuff, but never really got a copy of anything. I know!!!!!!!!

I did know that that we wouldn't see a red cent from recording until the record Co. had recouped their initial investment (which they didn't cos of excessive spending and poor decisions made by them) was fun at the time though, limmos, partys, best hotels etc.

I suppose my real dilemma is: I'm not willing to chase the whole thing for a couple of hundred Euro, but I certainly will for a couple of thousand.

Kettleson

Apologies for adding more complication, but the Managers agreement and what was contained in that agreement is of importance. For example what your manager was responsible for doing and for how long etc. (Collection of royalties and distribution to band members etc).

If it were me, firstly I would register your contribution to the songs written with IMRO. When you do, you wil need give an indication as to what percentage you agreed with the other writers, if indeed you did that. Or at least give a percentage that you feel you were worthy of.

You might want to speak with the other co writers and tell them that you'd like to register them.

However I an conscious that you signed a publishing agreement with another publishing house? (or was that Chrysalis as part of the record deal?). In either case, you would need to check the terms of,and how long that publishing agreement lasted. Although if it is with Chrysalis its likely that it was just for 2 albums. Publishing deals with publishing houses can last a lot lot longer.

Normally a publishing house would expect 50 percent of the publishing rights of all songs. Ask to see if you can get a copy of the agreement with them.

They might be happy enough to terminate the contract if it is still current, but it may well have expired by now.

I am sure IMRO will advise you as to how to proceed from there.

Neil_Sedaka

Again, many thanks.
Don't really know why I left it this long to act upon.
Well I do, family and kids actually.

Kettleson

Neil_Sedaka wrote: »

Cheers Kettleson, plenty of food for thought there.

Our agreement with the record label for royalties from airplay? I honestly don't know.
Our manager spoke in tongues at best and I was sometimes asked to sign stuff, but never really got a copy of anything. I know!!!!!!!!

I did know that that we wouldn't see a red cent from recording until the record Co. had recouped their initial investment (which they didn't cos of excessive spending and poor decisions made by them) was fun at the time though, limmos, partys, best hotels etc.

I suppose my real dilemma is: I'm not willing to chase the whole thing for a couple of hundred Euro, but I certainly will for a couple of thousand.

Its doubtful that you would be due thousands, and possibly not even a couple of hundred. After every one gets a cut, there is very little left.

We can clearly put aside mechanical royalties ? (sales from physical albums cd's etc?) and so you are really looking at broadcast royalties from air play. (not unless someone else has recorded and published your songs via permission from the publishing house?)

So if it is just AirPlay, you would need to be getting very very significant airplay to give you even a couple of thousand, that is taking into consideration your split with the band.

Its virtually nothing. But, as a matter of principle and good business sense I would start the process to register your co ownership of the songs with IMRO.

Hope this helps, hope you're still playing and enjoying music. But I would rest easy in the knowledge that you have not been ripped off big time. But even if there is a few quid out there that is yours, then why not collect it?

Its a good way to get your head round the business end of things. Get back to me if u need any more info.

Kettleson

I just noticed you got an'Advance'.

There's a good chance that you are still in significant deficit there. But thats the record companies loss not your responsibility, (usually).

Time to look ahead I'd say. Sure the experience must have been good eh!

grumbleweed

This is an interesting post , any chance you might let slip who the band was or a clue at least

Neil_Sedaka

grumbleweed wrote: »

This is an interesting post , any chance you might let slip who the band was or a clue at least

YouTube is beyond safe ways!!