How To Read The New ASCAP Domestic Distribution Statement for Publishers.

Transcription

1 How To Read The New ASCAP Domestic Distribution Statement for Publishers. March 2010

2 Member Royalty Breakdown: Publisher Member With No Deductions or Other Payment Instructions ASCAP Logo and address Address Block Distribution Details: Distribution type: Domestic Member Name Member ID: ASCAP s numerical identifier for a member Member IPI Number: International code for Interested Party* Distribution Date: Month and year Royalty Total: Amount distributed to publisher membership as catalog owner, and as collector for administered and foreign-originated (i.e. subpublished) works or catalogs, if applicable. Net Distribution Total: Royalty amount paid to publisher member by check or direct deposit. Important ASCAP Communications * An Interested Party is a writer or publisher who has an ownership interest in a Work.

3 Member Royalty Breakdown: Publisher Member With Deductions ASCAP Logo and address Distribution Details: Distribution type: Domestic Member Name Member ID: ASCAP s numerical identifier for a member Member IPI Number: International code for Interested Party* Distribution Date: Month and year Address Block Royalty Total: Amount generated by publisher membership as catalog owner, and as collector for administered and foreighn-originated (i.e., subpublished) works or catalogs, if applicable. Deductions: Payment amounts due to non-owner third parties (e.g. child support, Internal Revenue Service). Important ASCAP Communications Total Deductions: The sum of all amounts that are payable to nonowner third parties (e.g. child support, Internal Revenue Service). Net Distribution: Royalty amount paid to publisher member by check or direct deposit. * An Interested Party is a writer or publisher who has an ownership interest in a Work.

4 Member Royalty Breakdown: Publisher Member Where No Royalties Are Due Member Royalty Breakdown: Publisher Member with Royalties Below Threshold ASCAP Logo and address Distribution Details: Distribution type: Domestic Member Name Member ID: ASCAP s numerical identifier for a member Member IPI Number: International code for Interested Party* Distribution Date: Month and year Address Block Royalty Total: Amount generated by publisher membership as catalog owner, and as collector for administered and foreign-originated (i.e., subpublished) works or catalogs, if applicable. Net Amount: Royalties generated but not payable either because they have been paid to others based on instructions from the member or other royalty owner or because the amount falls below ASCAP s distribution threshold of $ Important ASCAP Communications Message advising that no distribution will be made either because royalties have been paid to others based on instructions from the member or other royalty owner, or because the amount falls below ASCAP s distribution threshold of $ * An Interested Party is a writer or publisher who has an ownership interest in a Work.

5 Member Royalty Breakdown: Publisher Member with Allocations ASCAP Logo and address Distribution Details: Distribution type: Domestic Member Name Member ID: ASCAP s numerical identifier for a member Member IPI Number: International code for Interested Party* Distribution Date: Month and year Address Block Total Membership Royalties: Amount to be distributed to publisher membership both as a catalog owner, and as collector for administered and foreign originated (i.e., subpublished) works or catalogs, if applicable. Allocated Royalties are those that are payable to another royalty owner (e.g., former spouse). Royalty Total: The difference between Total Membership Royalties and Allocated Royalties. Important ASCAP Communications Net Distribution: Royalty amount paid to publisher member by check or direct deposit. Includes both payments as a catalog owner, and as collector for administered and foreign originated (i.e., subpublished) works or catalogs, if applicable * An Interested Party is a writer or publisher who has an ownership interest in a Work.

6 Deductions Summary (1 of 2) A Deductions Summary page will only be included in a performance statement if the publisher administers or subpublishes other catalogs and royalties have been deducted for payment to third parties who are not royalty owners, or for recoupment of an outstanding balance due ASCAP. A B C D E F G

7 Deductions Summary (2 of 2) A) Distribution Details: Distribution Date and Type: Month, Year and distribution type. Performance Quarter: Dates during which performances credited on the statement occurred (e.g. April 1, 2009 to June 30, 2009). Survey Year: ASCAP s performance processing year runs from October 1 of one calendar year through September 30 of the following calendar year. B) Royalty Total: Amount distributed to publisher member, both as catalog owner and as collector for administered and foreign-originated (i.e., subpublished) works and catalogs, if applicable. C) Deductions from Royalty as Owner/Collector: Detailed information about any reductions to the Royalty Total for the publisher member as owner, based on amounts due to third parties who are not royalty owners (e.g., child support, Internal Revenue Service), or outstanding balances due to ASCAP. D) Deductions from Royalties as Administrator: Detailed information about any reductions to the Royalty Total for the publisher member as collector of administered works or catalogs, based on amounts due to third parties who are not royalty owners (e.g., child support, Internal Revenue Service), or outstanding balances due to ASCAP. Administered works or catalogs are those with a share of interest owned by one ASCAP member for whom royalties are collected by a different ASCAP member. E) Deductions from Royalties as Subpublisher: Detailed information about any reductions to the Royalty Total for the publisher member as collector of foreign-originated (i.e., subpublished) works or catalogs, based on amounts due to third parties who are not royalty owners (e.g., child support, Internal Revenue Service), or outstanding balances due to ASCAP. F) Total Deductions: Sum of all deductions to Owner/Collector, Administrator and Subpublisher. G) Net Distribution Total: Difference between Royalty Total and Total Deductions. This is the amount of the distribution to the publisher member both as catalog owner and as collector for administered and foreign-originated (i.e., subpublished) works and catalogs.

8 Earnings Summary (1 of 2) An Earnings Summary page will only be included in a performance statement if the publisher has collected Current Performance or Adjustment royalties on behalf of administered and foreign-originated (i.e., subpublished) works or catalogs in the period covered by the performance statement, or for any Adjustments for previous periods. A B C D E F

9 Earnings Summary (2 of 2) A) Distribution Collection Total: Sum of Current Performance (i.e., performances that occured during the Performance Quarter covered by the distribution) and Adjustment (prior period) royalties earned by the member as owner plus Current Performance and Adjustment royalties collected by the publisher on behalf of administered and foreign-originated (i.e., subpublished) works or catalogs. Note: Royalties collected for the member owner by others are not included in this amount, and would not be paid to the member owner. To track payments through this Summary, the critical information is in the Distribution Total column not the Grand Total column. B) Royalties as Owner/Collector: Royalties for Current Performances and Adjustments that are payable directly to the publisher member as catalog owner. (Also displayed are amounts collected by others for works in the member s catalog. These amounts are not included in the Distribution Collection Total.) C) Royalties As Administrator: Royalties for Current Performances and Adjustments that are payable to the publisher member for administered works or catalogs. Administered works or catalogs are those with a share of interest owned by one ASCAP member for whom royalties are collected by a different ASCAP member. D) Royalties As Subpublisher: Royalties for Current Performances and Adjustments that are payable to the publisher member for foreign originated (i.e., supublished) works or catalogs. Note: Along with the Company Name, the original performing right society is also listed (e.g., GEMA, the performing right society for Germany). E) Royalty Total: Sum of Distribution Totals, for Royalties as Owner Collector, Royalties as Administrator and Royalties as Subpublisher. This should match Distribution Collection Total. F) Catalog Royalties Collected By Others: This shaded area displays royalties generated by works with a share of interest originating with the ASCAP publisher member as owner for whom royalties are collected by a different ASCAP member. These companies are displayed alphabetically and sum to Total Collected By Others.

10 Statement Summary As Owner Collector Distribution Details: Distribution Date and Type: Month, Year and distribution type. Performance Quarter: Dates during which performances credited on the statement occurred (e.g. April 1, 2009 to June 30, 2009). Survey Year: ASCAP s performance processing year runs from October 1 of one calendar year through September 30 of the following calendar year. Credit Value: Dollar value applied to performance credits generated during the Survey Year Important ASCAP Communications Statement Summary As Owner/Collector: Total of Current Performance Royalties and Adjustments by various surveyed media Performance Categories for the distribution. In the case of Symphonic Concerts, Recitals and Educational Concerts : 1) Current Performances in these categories will displayed only in the March distribution of each year ( Adjustments will be displayed in any distribution); and, 2) These categories are only displayed on the Summary if a member has performances in any one of those categories. All other Performance Categories are listed on the Summary whether or not Current Performances or Adjustments have been generated in these media. The Summary covers only performances of works owned by the publisher member for whom the statement is generated (i.e., for the Member whose name, Member ID, ad IPI # is listed above the Summary) Year-to-Date Earnings Summary: Domestic and International royalties paid, after any deductions, to a member including royalties on behalf of administered and foreign-originated (i.e., subpublished) works or catalogs, if applicable. Note: The quarterly display for the Year-To-Date Earnings Summary will only match to the Statement Summary as Owner/Collector if: 1) the publisher is not the administrator or subpublisher of other works or catalogs; 2) if no under threshold or released prior period royalties have been added to earnings; or, 3) if no other amounts have been deducted from earnings.

11 Statement Details (1 of 8) Descriptive text for noted items begins on Statement Details (6 of 8) A B C

12 Statement Details (2 of 8) D E

13 Statement Details (3 of 8) F G H not pictured I

14 Statement Details (4 of 8) J K 19 L 19

15 Statement Details (5 of 8) M 19 N O P Q

16 Statement Details (6 of 8) A) Distribution Details: Distribution Date/Writer or Publisher/Distribution Type: Domestic (i.e., U.S. performances) Performance Period Covered By Distribution: The calendar quarter of performances that were processed in this distribution Survey Year: ASCAP s performance processing year runs from October 1 of one calendar year through September 30 of the following calendar year Credit Value: Dollar value applied to performance credits generated during the Survey Year Performance Category: Media in which surveyed performances occurred. Performance Categories are reflected on the statement in the same order in which they are displayed on the Statement Summary. In the case of Symphonic Concerts, Recitals and Educational Concerts : 1) Current Performances in these categories will displayed only in the March distribution of each year ( Adjustments are displayed in any distribution); and, 2) These categories are only displayed on the Summary if a member has performances in any one of those categories. All other Performance Categories are listed on the Summary whether or not Current Performances or Adjustments have been generated in these media. Television Performances: ASCAP s surveyed Television media categories are: B) Primary Network: ABC, CBS, NBC C) Secondary Network: Fox, CW, MYNetwork D) Univision E) Local TV Blanket F) Local TV Per Program G) Cable TV Blanket H) Cable TV Per Program (not pictured) I) PBS Public Broadcasting System The display of information for all Television Performance Categories is virtually identical. Any differences are noted in the descriptions below. 1) Line #: A numerical reference to facilitate locating performances on the statement. This information is particularly useful when contacting Member Services to discuss an item listed on the performance statement. 2) Series/Film: Performances in all audio-visual media are identified by the title of the television program/series or film in which the performance takes place. 3) Episode Name or Date: Performance in all audio-visual media are further identified by the episode title of a television series, or the date on which a surveyed performance occurred. Note: Through Member Access, MY MEMBERSHIP the performance statement display preference can be set for either Series/Film or work Title. In addition, Member Access MY ROYALTIES includes a.csv file can be downloaded into an Excel spreadsheet or other software to allow members to easily analyze their performance royalty data. 4) Title: Name of Work 5) Work ID: A numerical identifier used by ASCAP as a unique reference to a work title. 6) CA %: Refers to the percentage of interest allocated to a work that contains public domain musical or lyric material. Works still within their term of copyright that do not contain any public domain material are credited at 100%.

17 Statement Details (7 of 8) 7) Share %: Refers to the share of interest owned or controlled by the member. ASCAP utilizes a 100% scale for both writer and publisher interests; thus, 50% represents a complete writer or publisher share. 8) Network Name: ABC, CBS and NBC are considered Primary Networks based on the number of stations on which their programs are carried. Fox, CW, MY Network are considered Secondary Networks since their programming is carried by a smaller number of stations. This field does not appear on the statement for Univision, Local TV Blanket, Local TV Per Program or PBS performances. In the Cable TV Blanket and Cable TV Per Program categories, this area appears as Service Name. A complete list of all Cable TV services surveyed for distribution purposes and the abbreviations displayed in the Service Name area of the performance statement in the Statement Guide section of Member Access. 9) C/S: Refers to the type of survey utilized in processing a performance for royalty distribution. C stands for census or complete count surveys and S stands for sample or representative surveys. An L is displayed for performances processed in ASCAP s special survey of Library music. You can learn more about ASCAP s surveys in the Payment System section of ASCAP s website. The link is 10) Day Part: One of the elements in weighting the royalty value of a surveyed performance. Different values are applied to the time period in the day during which a perfomance occurs. M = Morning (7:00am 12:59pm) 50% A = Afternoon (1:00pm 6:59pm) 75% P = Primetime (7:00pm 12:59am) 100% N = Night (1:00am 6:59am) 25% 11) # Plays: The number of times in each Day Part that a film, television program or episode, or a commercial, promotional or public service announcement has been processed for royalty distribution. 12) Perf Type: Performance Type is one of the elements in weighting the royalty value of a surveyed performance. For example, a feature performance is the principal focus of audience attention. A list of all of the Performance Type codes that appear on the performance statement, as well as the full text Performance Type descriptions, are in the Statement Guide section of Member Access. 13) Duration HH:MM:SS: Length of performance in hours, minutes and seconds. Under ASCAP s Weighting Formula, duration is a weighting element for certain Performance Types (e.g., features and background performances), but is not a weighting element for others (e.g., themes and commercial performances). A + is displayed in the Duration area for all Performance Types that are not credited for distribution on the basis of Duration. 14) TV Premium Credits: Additional royalty value is added to surveyed theme, background and feature performances in highly rated network and local TV series. These credits are included in Total Credits. 15) Total Credits: The sum of performance credits, based on all of the royalty value weighting elements, for one line on the performance statement including TV Premium Credits, if applicable. 16) Royalty Amount: The product of Total Credits multiplied by Survey Year Credit Value. When the display in this column is $0.00 the royalty value is less than one cent.

18 Statement Details (8 of 8) J) Radio Performances: ASCAP s surveyed Radio media categories are: Commercial, NPR (National Public Radio) and College and Satellite Radio. The display of information for both Radio Performance Categories is virtually identical, and includes many of the elements already described for surveyed Television performances. 17) Music User Genre: The program format of Commercial, NPR and College Radio stations that have aired the performances reflected on the statement. These genres are: Radio Country Radio Classical Radio Ethnic Radio Jazz Radio NCR Radio NPR Radio Pop Radio Religious Radio Satellite Radio Spanish Radio Urban Contemporary 18) Premium Credits: Works that earn certain threshold number of radio credits for feature performances in a performance quarter receive additional credits in that quarter. 19) Music User: Identifies the specific source of a surveyed performance (e.g. SIRIRS for Sirius Satellite Radio). Additional Categories: ASCAP s surveyed Additional Categories are: K) Airlines L) Foreground/Background M) Internet and Ringback Tones N) Live Pop Concert The display of information for all Additional Categories is virtually identical, and includes many of the elements already described for surveyed Television and Radio performances. 19) Music User: Identifies the specific source of a surveyed performance: Airlines the name of the Airline (e.g., United Airlines) Foreground/Background the name of the Music Service (e.g., Music Choice) Internet and Ringback Tones the name of website, where available (e.g., Pandora) Live Pop Concert the headline or opening act performer O) Non-Surveyed Licensee Royalties: Credits and dollars that are allocated and added to member royalties based on performaces that are not surveyed by ASCAP (e.g., clubs, skating rinks, etc.). P) Surveyed Performance Categories in which member had no performance activity. Q) Other: A miscellaneous Performance Category that includes such performances as those in theme parks and circuses.

19 Statement Details Related to Symphonic & Concert, Recitals and Educational Concerts (1 of 3) Descriptive text for noted items begins on Statement Details (3 of 3) a b

20 Statement Details Related to Symphonic & Concert, Recitals and Educational Concerts (2 of 3) 9c 2

21 Statement Details Related to Symphonic & Concert, Recitals and Educational Concerts (3 of 3) 1) Line #/Composer/Title: A Line # of 1 is displayed adjacent to the name of each composer whose Works were performed. The titles of Works by that Composer are listed alphabetically under the Composer s name. 2) Unaffiliated Writer: Individual composer arranger names are not listed on publisher performance statements. The Unaffiliated Writer designation refers to the creator of a copyrighted arrangement of a work in the public domain (see CA%). 3) Work ID: A numerical identifier used by ASCAP as a unique reference to a work title. 4) CA%: Refers to the percentage of credit allocated to a work that contains public domain musical or lyric material. Works still within their term of copyright that do not contain any public domain material are credited at 100% (i.e, 50% for a complete writer share and 50% for a complete publisher share). 5) Share %: Refers to the share of interest owned or controlled by the member. ASCAP utilizes a 100% scale to reflect both writer and publisher interests; thus, 50% represents a complete writer or publisher share. 6) Point Award: Points are a royalty value element awarded on the basis of the instrumentation and duration of the work performed. A detailed description appears in the Point Award Table of the ASCAP Weighting Formula (see http: The Table appears on p. 25). 7) Date: The month day and year the performance occurred. Please note that in the event that two performances of the same work by the same music user occurred on the same day this will be reflected in this section and the # of Plays section. 8) # of Plays: The number of performances credited on that date or series beginning on that date. 9a) Performer/Orchestra: The name of the Presenter or Licensee of Symphonic performance. The name of the Performing Artist will only be displayed when it is the same as the Presenter or the Licensee (e.g., Chicago Symphony). 9b) Performing Artist/Presenter: The name of the Presenter or Licensee of a Recital performance. The name of the Performing Artist will only be displayed when it is the same as the Presenter or the Licensee (e.g., Phoenix Chorale). 9c) College or University: The name of the College or University where an Educational performance took place. 10) C/S: Refers to the type of survey utilized in processing a performance for royalty distribution. C stands for census or complete count surveys and S stands for sample or representative surveys. An L is displayed for performances processed in ASCAP s Special Survey of Library Music. In the Symphonic Concert and Recital fields, performances are surveyed on a complete count basis. In the Educational Concerts field, performances may be surveyed either by census or by sample. Only Concert Band performances are credited on a complete count basis in this field. 11) Credits: Credits for a performance are derived from Point Award which captures the royalty value elements of instrumentation and duration. 12) Royalty Amount: The product of Credits multiplied by Survey Year Credit Value. When the display in this column is $0.00, the royalty value is less than one cent. 13) Total For : The sum of all Credits and the total Royalty Amount for Symphonic Concerts, Recitals or Educational Concerts.