Working To Protect The Rights Of Composers MU Deputy General Secretary Naomi Pohl reflects on deals for media composers, an attempted rights grab by the Discovery Network, and how the Union and its members can fight back.
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MU members who compose music for TV, film, videogames and other media may be aware of the threat of a rights-grab by the Discovery Network, which hit the press internationally at the end of last year. The network, parent platform of channels such as Animal Planet and TLC, planned to require composers to agree to a total buy-out of their rights, meaning that they would not receive any royalties via PRS or equivalent performing rights societies internationally when their works were broadcast.
Graham Davies, CEO of the Ivors Academy, explained the impact on composers worldwide: “This has created such a strong reaction and fear because these back-end royalties sustain the composer. While there is some protection in the UK industry from PRS having an exclusive performing right assignment, composers are being pressured to sign contracts that undermine this. We must reverse this situation by educating and empowering composers to say no to these deals and stand up for their rights.”
Composer Michael Giacchino likened Discovery’s plan to that of a gig economy company such as Uber, where workers are offered paltry per-job fees on zero hours contracts. He said the plan would have meant a 90% drop in income for composers and commented that Discovery’s plans would “not only affect composers. It would dramatically affect the income of musicians, recording engineers, studios and affect the purchase of music gear, music and sample software”.
Know your rights We understand that PRS for Music has written to Discovery and some other broadcasters to remind them that any attempts to obtain performing rights from its members would be unenforceable. Composers on the MU’s Music Writers’ Committee have told us over the past decade that their income from media work has decreased significantly.
Essentially, the Discovery Network was threatening to engage composers on a US ‘work for hire’ arrangement, which means the copyright in commissioned works belongs to the commissioner rather than the writer. This is a major threat to composers’ livelihoods and the fundamentals of copyright, which should enable authors to benefit financially from the use of their works.
“The budgets have been more and more squeezed and this leads to less work for session musicians, and smaller fees for composers.” The Musician • Spring 2020
Until the Discovery bombshell, the primary issue in the UK has been the increasing prevalence of package deals where the composer is given a lump sum budget to create the music. The budget is for the creation of the recording, so the composer is required to deliver more than the score for the soundtrack. They also have to use their pot of money to pay for studio time and engage session musicians. The budgets have been more and more squeezed and this leads to less work for session musicians, and smaller fees for composers. In extreme cases, composers
