Audience Questions, Answered By Experts

Reconciling Overlapping Music Cues in Cue Sheets:

When two pieces of music overlap in a production (e.g., during a crossfade), cue sheet reporting requires careful consideration. Here’s how to approach it:

• Prioritize Accuracy: While cue sheets allow for some subjectivity, aim for accuracy in reflecting the music usage.
• Duration Limits: The total duration of all music cues should not exceed the program’s runtime. If it does, in most cases adjustments are necessary.
• Carve-Outs: If overlapping cues cause the total music duration to exceed the program runtime, you’ll need to make “carve-outs.” This involves slightly reducing the duration of one of the overlapping cues.
• Work-for-Hire vs. Third-Party Music: Carve-outs are often easier to apply to work-for-hire cues because the composer is typically paid a flat fee rather than royalties based on specific durations. Third-party music licenses are more sensitive to duration accuracy as royalties are directly affected.
• Minimize Overlaps: Whenever possible, try to minimize the use of overlapping cues to simplify cue sheet reporting. Communicate with editors and supervisors to explore alternative approaches.

Key Considerations:

• Network/Studio Policies: Some networks or studios have strict rules against the total music duration exceeding the program runtime.
• Impact on Royalties: Inaccurate reporting of overlapping cues can affect royalty payments to composers and publishers.
• Subjectivity: Cue sheets allow for some level of interpretation, but prioritize accuracy and fairness in reporting music usage.

In essence, reconciling overlapping cues often involves making judgment calls and slight adjustments (carve-outs) to ensure accurate reporting while staying within the program’s total runtime.

Sharing Cue Sheets with Publishers:

While cue sheets are primarily submitted to Performing Rights Organizations (PROs), studio and networks that create cue sheets should also share them with publishers, as this is also an important aspect of the process. Here’s a breakdown:

• Sync License Requirements: Many synchronization licenses include clauses requiring the provision of cue sheets to publishers. This ensures transparency and accurate royalty accounting.
• Stakeholder Priority: Prioritize sharing cue sheets with stakeholders directly involved in the music used in the production. This includes composers, publishers, production libraries and any other rights holders listed on the cue sheet.
• Volume Considerations: For productions with high volumes of music cues, it may be impractical to proactively send cue sheets to every single publisher. In such cases, fulfilling requests from publishers is a common practice.
• Request-Based Sharing: It’s reasonable to share cue sheets with publishers upon request. This allows them to verify the accuracy of reported music usage and ensure proper royalty distribution.
• Selective Sharing: Be mindful of who you share cue sheets with. Protect sensitive information and only share with those who have a legitimate need for the information.
• Emerging Solutions: New technologies and industry initiatives are being developed to streamline cue sheet distribution and sharing, making the process more efficient.

The reporting entity is responsible: The organization that submits the cue sheet to the Performing Rights Organizations (PROs) is ultimately responsible for its accuracy.

Responsibility varies by country:

• Outside the US and Australia: Usually, the broadcaster is responsible for reporting and auditing cue sheets.
• US: Typically, the production company or studio handles this. However, broadcasters may take on this role for specific content like sports, news, or infotainment.

Multiple studios: If multiple studios are involved, the lead studio usually takes responsibility and shares the final cue sheet with others.

Music publishing administration is specialized: Managing music publishing rights effectively requires expertise. Many companies specialize in providing these services.

Production companies often use external administrators: Even producers, studios, and networks that own music copyrights frequently sign administration deals with dedicated publishing companies. This allows those publishers to:

• Collect royalties on behalf of the rights owners.
• Handle the complexities of licensing and royalty distribution.

Distributors and broadcasters don’t handle publishing: Content distributors and broadcasters focus on distribution, not music publishing administration.

Hunting Down Missing Royalties Due to Cue Sheet Errors:

It can be frustrating when data errors on cue sheets prevent accurate royalty matching and payment. Here’s a recommended approach for publishers to address this issue:

1. Obtain the Cue Sheet: Request a copy of the cue sheet from the PRO or the production company. This will help you identify any errors related to your music.
2. Analyze for Errors: Carefully review the cue sheet for any inaccuracies, such as incorrect song titles, composer names, publisher information, or durations.
3. Contact the Cue Sheet Creator: Reach out to the production company or cue sheet creator and explain the errors you found. Provide clear evidence of the inaccuracies and request corrections.
4. Work with the PRO: If contacting the cue sheet creator is unsuccessful, contact your PRO (e.g., ASCAP, BMI). They can act as an intermediary and help facilitate communication with the production company.
5. Persistence is Key: Be persistent in your efforts. Royalty recovery often requires follow-up and continued communication with the relevant parties.
6. Timely and Accurate Cue Sheets are Crucial: Emphasize the importance of timely and accurate cue sheets to the production company. Explain that these documents are essential for proper royalty distribution and fair compensation for music creators.

Additional Points to Consider:

• Independent Productions: Tracking down cue sheet errors from independent productions can be challenging, as they may have limited resources or have ceased operations.
• Publisher Limitations: Publishers cannot directly amend cue sheets; they must work with the cue sheet creator or PRO to initiate corrections.
• “Time Sheets” Analogy: Thinking of cue sheets as “time sheets” underscores their importance in ensuring accurate payment for music usage.

Reporting Music Videos in Cue Sheets:

Music videos require specific categorization in cue sheets to ensure accurate royalty reporting. Here’s a breakdown of the key considerations:

• Visual Vocal: In the US, the most common and appropriate categorization for music videos is “Visual Vocal.” This signifies that the vocals are performed on camera and are a central element of the visual presentation.
• Featured Vocal (Less Common): While “Featured Vocal” exists as a category, it’s less frequently used in the US and typically refers to situations where the singer is prominently featured but not necessarily lip-syncing to the track.
• On-Camera Performance is Key: The defining factor for “Visual Vocal” is the on-camera performance. If the singing is happening off-screen, it wouldn’t qualify as “Visual Vocal.”
• Gray Areas: There can be ambiguous scenarios, such as when a singer is partially visible or their lips aren’t clearly seen. In such cases, cue sheet creators often err on the side of using “Visual Vocal” to capture the potential visual element.
• Visual Source: If music is coming from an inanimate object on screen (e.g., radio, TV), it’s categorized as “Visual Source.” This generally doesn’t affect royalty rates in the US but provides important context.
• Animated Characters: Even animated characters singing on screen are typically considered “Visual Vocal.”

Additional Tips for Music Video Cue Sheets:

• Multiple Line Items: If a music video features different usages (e.g., background music transitions to a visual vocal performance), it’s acceptable to use multiple line items on the cue sheet to accurately capture each usage.
• Sync License Alignment: Ensure the cue sheet aligns with the terms of the synchronization license as much as possible, especially regarding usage categories.
• Detailed Notes: Include clear and concise notes on the cue sheet to provide context for the various usages and scenes. These notes can be valuable for future reference and licensing purposes.