#PAY$ONGWRITERS!
Photo credit sharon mccutcheon
In the 1990s there was a superstar (who-shall-not-be-named) whose gatekeeper demanded she get “income participation” on any song she recorded. Income participation (as opposed to publishing), meant that she’d receive a payment equal to half the publishing but no writers credit or copyright ownership. She wouldn’t be compensated if another artist went on to cover said song in the future or if song was placed in a film. Seems pretty fair, right? Wrong. At the time, it was a whole new money grab concept in the songwriting ecosystem and my community was up in arms. We never asked for a share of her tour revenue if the song we wrote for her became a big fat hit. But with all the gross inequities songwriters face currently, looking back it almost seems reasonable.
One of the songs this artist wanted to “participate” in was mine. I didn’t capitulate. And thus, she didn’t record it. 😳That album went on to sell 25 million records and I was left standing with my self respect and my principles. Everyone else bought themselves a house.
Still, with physical copies paying a mechanical royalty and because I had tons of album cuts I was able to sustain a livelihood.
There are many archaic practices and financial injustices that have plagued songwriters. We were always underpaid. It’s just there was enough flowing down from the top of the waterfall to make ends meet so our time was better spent trying to write another song that would catapult us to fame.
But when the invisible stream came along and hijacked our mechanical (physical) royalty we weren’t able to sustain ourselves any longer and the silent rumble of discontent grew into a deafening roar.
“We’re mad as hell and we’re not gonna take it any more.”
I’m happy to report there are quite a few initiatives circling the zeitgeist.
#1
Songwriters are banding together to eliminate Minimum Delivery and Release Commitments (MDRCs) from their publishing contracts. An MDRC is a provision that states a writer has to have a certain number of full songs (let’s say 5) released commercially per year by a major label before their next option will commence and their advance shall be paid.
Why would we agree to that? Well, when we’re young with stars in her eyes we believe we can fulfill that requirement. But with the number of writers on a song growing, that goal has become even more unrealistic. Five full releases (@ 100%) means 10 songs that are co-written. 30 songs if they’re threesomes. And so on. And as we all know there can be in excess of 10 writers on a modern hit. So, it could be a years before you get to your second advance!
Publishers have been known to find loopholes in the criteria. For example…if the song wasn’t released in a major territory or it didn’t chart. Plus...what is a release these days? What if it’s self-released? What if it’s just streamed? The MDRC is an antiquated and cruel provision and it needs to end.
The hopeful news is influential organizations such as SONA, the Black Music Coalition, Music Artists Coalition and The 100 Percenters have made enough noise that it appears the paradigm is beginning to shift. MDRCs have been removed from contracts at BMG. That’s a start. Let’s keep up the noise. We all know what happens when the #musicarmy doesn’t feel heard:
#2
With the lion’s share of streaming going directly to record labels SONA and The 100 Percenters (in solidarity with Ivors Academy in the UK) have written an open letter to record companies demanding that a small share of master royalties (perhaps 4 points) go to the songwriter. And that they revise current agreements to deduct producer royalties directly from the label’s share instead of from the artists’ share; and that there be a non-recoupable per diem fee paid by them to a songwriter who works with an artist on their roster.
Global recorded music revenues in 2020 were in excess of $20 billion. I think they can afford these reforms. If all goes well we’ll be able to stop driving an uber.
#3
…is tricky. You know the drill: you’re writing with an artist…(don’t get me wrong…some artists can and should co-write but many of them can’t and shouldn’t.) After an hour or 2, you look over at them hoping for some kind of contribution to justify the collaboration but they’re busy checking their socials. But they want that cred! And publishing too! It’s “understood” their name will be on label copy. Their manager might even want a piece. Their mom. Their goldfish. If that artist has a name, you might cave. Cuz sometimes the idea of a house sounds better than your principles and dignity. Especially in a business that’s gotten so super competitive.
Because of these situations The Pact was formed. It’s mission states: “songwriters will not give publishing or songwriting credit to anyone who did not create or change the lyric or melody or otherwise contribute to the composition….” In other words, no more “Change a word; Get a third.” Until now, writers have been reluctant to speak publicly about the issue, in case it harms their careers. But now the pact will have your back.
“Where have you bitches been?” is what Dina LaPolt asked Michelle Lewis, Pam Sheyne, Kay Hanley and I when we walked into her office in 2015 and asked what we had to do to save our profession.
We’re here, Dina. And we’re not just 4 bitches anymore. We are SONA, Tiffany Red and The 100 Percenters, Ross Golan and the #Musicarmy the Black Music Coalition, #ThePact, Music Artists Coalition, and anyone who signs these petitions. And we’re not going anywhere.
(oh and…Ron Wyden changed his mind and wound up supporting the Music Modernization Act.)
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