# What to do when a cue sheet hasn't been delivered



## AlexRuger (Sep 26, 2016)

So, I'm in the midst of discovering that at least a handful if not many of the projects I've done over the past few years have neglected to submit a cue sheet to BMI.

I know that BMI can be slow to add cues to your registry, so I haven't really had much of a chance to notice until now. It all started when my last two quarters paid out *nothing,* which seemed to me to be insane but also potentially possible. I decided to wait it out in case BMI was just being super slow.

And then the most recent quarter paid less than $100--and 100% of the royalties came from a TV show I worked on two years ago and have already received royalties for in the past.

There have been loads of projects that should have paid--a couple of them network TV--since then. I got in touch with the appropriate people for said projects, and at least two of them for sure neglected to file a cue sheet. One was a relatively big TV project that should have known better, and one was an indie film playing on Hulu. Both should have paid royalties by now--pretty good ones, I might add--even in a world where all parties involved dragged their asses. I've missed out on these funds and I'm pissed off.

So...what happens now? When the appropriate cue sheets are filed, will BMI pay a "backlog" of royalties? If not, how can I get that money? Or is it just gone?

Anyone deal with something like this before?

Thanks for any advice, and no thanks to BMI for not returning my calls.


----------



## NDRU (Sep 27, 2016)

Alex, I may have someone you can reach out to/ contact? I can give that to you


----------



## chillbot (Sep 27, 2016)

The good news is you can still get the royalties and BMI will pay you the back royalties if or when they get the cue sheets in the system. The bad news is that I have found it extremely difficult to do so. I've fought for missing royalties for so long to the point of finally it wasn't worth the effort any more.

You need to keep fighting it, starting with the cue sheet and making sure the production company submitted to the network and the network submitted to BMI. I don't know why BMI isn't talking to you but if you can get a contact like someone just mentioned above, in some cases BMI will take cue sheets directly from the composer. Try to reach Ray Yee if you can. The sooner you get it done the better, BUT... right now tends to be the worst time to reach anyone right after a statement is released because a whole ton of people just like you are wondering where their royalties are. You might have better luck in a week or two.


----------



## Brobdingnagian (Sep 27, 2016)

My friend, you have done very well career wise in finding your way, but this is also a very important aspect of being in the business. With a bit of work on your part, you should be able to at least get most of this sorted. I am truly sorry to hear of your current situation. It has happened to all of us at some time or another. Part of being busy on many projects and it is indeed quite frustrating.

Moving forward, I would encourage you to stay on top of each project for which you will be receiving cue sheet credit. Make sure you get a copy early on for your records and stay on top of your PRO (BMI) to make sure they are being filed. Remember, there is a lead time needed for them to process the cue sheets for whichever quarter they will be paying out for in their next distribution. 

Better to have learnt this lesson early on. ASCAP has a wonderful online system called Member Access. I imagine BMI offers a similar solution. I mention this only in that it helps you stay on top of things and see what has been processed for payment. If something is not showing up, then call them. Email them. You are in LA. You are working. Get to know Doreen, Ray and many of the other fine people at BMI. Build that relationship.

Lastly (and especially on small projects) I would offer to prepare the cue sheets. This way, they are done correctly the first time. Also, you can coordinate between the Production Company of the project and your contact at BMI to get them filed on time.

Hang in there. Hope this helps.

Kindest Regards,
B


----------



## chillbot (Sep 27, 2016)

Yes I was going to add much what was already said above... I always do the cue sheets myself (or pay someone to do them for me) even though it is technically the job of the production company... but it's too important of a job to leave up to someone who considers it mindless and tedious data entry. Then I keep a spreadsheet of every episode, episode title, air date, network, etc. And lastly double-check your BMI catalog online to make sure it gets in there.

But from your original post I'm guessing at least on some of this you were not the main composer or perhaps there were many composers or a library involved in which case you won't have much luck asking to do the cue sheet and in some cases it can be very difficult to even get a copy of the cue sheet if you're too low on the totem pole. In these cases if you can find another composer who's name is on the cue sheet, or a couple of composers, especially if they might be someone with a bit more pull... remember if you're not getting paid then no one else on the cue sheet is getting paid either.

BTW not to be sour but don't get too excited about that movie on hulu. Based on my last BMI statement.... let's say you had 60 minutes of music in that movie and 100% of the writer's royalties and the movie streamed 100,000 times. You would have gotten $126.47. So if you can figure out how many times it streamed you might decide how much it's worth fighting for. If you think it streamed over a million times then yes definitely. If you think it streamed only 10,000 times then we're talking about 12 bucks.


----------



## AlexRuger (Sep 27, 2016)

Hey guys, thank you so much for your helpful responses! 

To be clear, yes I wasn't always the main composer--at this point in my career I'm roughly splitting my time between writing my own music and writing as an additional music composer. Though, I always always always prepare my own cue sheet, given the chance, and then forward it on to production. But getting a confirmation of submission of a copy of the cue sheet (if not prepared by me) is a great suggestion.

And yeah, I figured that the Hulu payouts would be atrocious. It's more a matter of principle. The terrible payouts by Hulu and the like are a whole other issue...I can't believe they're as bad as they are.

I'll get in touch with Doreen. I've been meaning to get to know her for a while now, so now is as good a time as any.

Thanks guys!


----------



## chillbot (Sep 27, 2016)

AlexRuger said:


> The terrible payouts by Hulu and the like are a whole other issue...I can't believe they're as bad as they are.


It's bad but it's not necessarily as bad as you think, on a per-viewer basis. Remember that network television gets millions and millions of viewers. Let's say in my example above that movie with 60 minutes of your music airs on network television in primetime you would get paid (roughly, depending on the network) around $12,000. So that's the same as you would get paid if 10,000,000 people streamed it on hulu, which is in the ballpark of how many viewers it may have gotten on a network.

Sorry to get off topic...


----------



## Wings76fan (May 2, 2021)

I just found out that The Tonihht Show didn't send in a cue sheet for an episode I got to be part of (a "don't listen to this at home" bit). Doesn't seem right that if a show / movie "forgets" to credit the music composer that the composer has to track them down. Seems like it opens the door for people to try and use material and see if someone catches it.


----------



## HarmonyCore (May 7, 2021)

Sorry guys to interrupt but I also want to protect myself when I get placements from issues like that. I know nothing about preparing my cue sheet in my own and I thought it's the business of production companies. I just register my tracks with my PRO!! How do I know if a cue sheet is being late to be delivered? Sorry newbie in business here but I got one of my tracks accepted by a music library so I need to be aware of everything.


----------



## Daryl (May 8, 2021)

Without a cue sheet, the broadcaster has no idea of whether or not the music is licenced. Unfortunately, when there is a blanket in force, there is no stick to beat them with. However, this is something the PROs should get involved with. After all, "we" pay them. It should be a case of no cue sheet, no broadcast. It really is up to the production company to do their job properly, and the PROs are the only ones who can enforce this.


----------



## Daryl (May 8, 2021)

HarmonyCore said:


> Sorry guys to interrupt but I also want to protect myself when I get placements from issues like that. I know nothing about preparing my cue sheet in my own and I thought it's the business of production companies. I just register my tracks with my PRO!! How do I know if a cue sheet is being late to be delivered? Sorry newbie in business here but I got one of my tracks accepted by a music library so I need to be aware of everything.


If your track is Published y a Music library, why are you registering it? That's their job.


----------



## tmhuud (May 8, 2021)

You have to be very very proactive. Submit it yourself. And beware of title changes.


----------



## HarmonyCore (May 8, 2021)

Daryl said:


> If your track is Published y a Music library, why are you registering it? That's their job.


Not all music libraries register your tracks. The library that I am with now ask the writers to register their tracks themselves.


----------



## HarmonyCore (May 8, 2021)

tmhuud said:


> And beware of title changes.


As far as I read and learned, title changes take place when you register the same track with two non-exclusive libraries so that they can differentiate between them when broadcasted. Is there any other process that changes your track title except what I just mentioned?


----------



## HarmonyCore (May 8, 2021)

Daryl said:


> That's their job.


And it looks like it's nobody's job these days and composers should do everything themselves


----------



## jcrosby (May 8, 2021)

Crucial does re-title FYI... They've also been solid with cue sheets IME. Think of it like this... It's in the libraries best interest to ensure cue sheets are delivered. As the publisher undelivered cue sheets means they lose revenue... Depending on the show or production company that can be a lot of revenue...

That doesn't mean there aren't cracks, one entire season of a show where I had music placed in every episode of 3 previous seasons (typically a lot of cues per episode) didn't show up on my statement a few years back (NOT related to Crucial). I could see payments were coming in from the successive season, nothing from the previous... Sure looked to me like that season was never filed...

I reached out to BMI and they were able to confirm that they had cue sheets for a successive season, not the previous one. Luckily I have a strong relationship with the library and when I reached out they hit up the production company that following Monday and got back to me letting me know that the issue was being handled... (Which it indeed was...)

While this isn't the norm it can happen, just realize it's in the libraries best interest to collect their publishing especially if they have a high volume of tracks with a given show or production company...

It's also important to understand that how you approach them can work to your advantage. Be firm but keep a cool head by not approaching them with a high maintenance attitude. And don't get me wrong, I'm not saying be lax about it, it's a big deal for sure... I'm just saying approaching them in the context that you obviously need to get paid, but also realize it affects them as a publisher can work to your advantage... You're basically letting them now that while it's critical that you get paid you're also aware that it's a loss for them too... Libraries who really do hustle to place your music are constantly inundated and sometimes things fall through the cracks... IME the right attitude can go a long way, especially if it involves a library you've developed a relationship with where they brief you consistently...

As far as Crucial though they've been solid for me so far. Basically don't start worrying unless you find yourself in the situation. It's good to be aware of for sure.. But licensing's unpredictable enough, don't stress yourself out even more about worrying about a scenario like this unless it happens.


----------



## HarmonyCore (May 8, 2021)

@jcrosby that was a hell of details my friend, appreciate that. When you said that Crucial does re-title tracks, it means that they re-register them to my PRO with new names? They first asked me to register the track myself then give them the track ID when registered. As per their contract, they mentioned re-titling in the catalog and give it a unique identifier. Does it mean that they will register my track again? It confuses me a bit here.

Oh yeah! obviously because I am still new to all this, I forgot that they also lose revenue when cue sheets aren't submitted so it's a double interest for both, Excellent to know.


----------



## jcrosby (May 8, 2021)

HarmonyCore said:


> @jcrosby that was a hell of details my friend, appreciate that. When you said that Crucial does re-title tracks, it means that they re-register them to my PRO with new names? They first asked me to register the track myself then give them the track ID when registered. As per their contract, they mentioned re-titling in the catalog and give it a unique identifier. Does it mean that they will register my track again? It confuses me a bit here.
> 
> Oh yeah! obviously because I am still new to all this, I forgot that they also lose revenue when cue sheets aren't submitted so it's a double interest for both, Excellent to know.


You bet! Yes. What they do is use the same track name you give them but append their own prefix or suffix. What that means is BMI considers thier registration as a totally separate entity.

They add _CMP_ and some kind of cataloging number... So if you uploaded a track called _Blue Sky, o_nce they register it you'll see a new track registration called something like _CMP 12345 Blue Sky_ also in your works catalog. This allows you to still maintain your own discrete registration for_ Blue Sky. _So only cue sheets with _Blue Sky 12345_ are considered Crucial licenses.... (Other libraries might append different prefixes/suffixes...) Even exclusive libraries typically add their own suffix to avoid clerical screw ups.

You could also give them a completely different title if you want to... You could for example upload your track to Crucial and call it _Clear Sky_ just to ensure there's even less of a chance of a clerical error...Not necessary at all, the point is that each title is considered unique. It also means someone better get the title right, which is why you'll often see them register a few alternate titles like _Clear Sky CMP 1234_, etc.


----------



## HarmonyCore (May 8, 2021)

jcrosby said:


> You bet! Yes. What they do is use the same track name you give them but append their own prefix or suffix. What that means is BMI considers thier registration as a totally separate entity.
> 
> They add _CMP_ and some kind of cataloging number... So if you uploaded a track called _Blue Sky, o_nce they register it you'll see a new track registration called something like _CMP 12345 Blue Sky_ also in your works catalog. This allows you to still maintain your own discrete registration for_ Blue Sky. _So only cue sheets with _Blue Sky 12345_ are considered Crucial licenses.... (Other libraries might append different prefixes/suffixes...) Even exclusive libraries typically add their own suffix to avoid clerical screw ups.
> 
> You could also give them a completely different title if you want to... You could for example upload your track to Crucial and call it _Clear Sky_ just to ensure there's even less of a chance of a clerical error...Not necessary at all, the point is that each title is considered unique. It also means someone better get the title right, which is why you'll often see them register a few alternate titles like _Clear Sky CMP 1234_, etc.


Got it! then what happens to my own registration in BMI with just the "Blue Sky" name if every library register their own prefix/suffix? I totally understand that this process is crucial so that every library uses the same track is uniquely separated from others and avoid conflicts in royalties. This really means that if I have hundreds of tracks registered in the future I must create my own spreadsheet for these naming conventions to track them properly 

I know that I am worrying too much early but this is my nature that's embedded in me


----------



## jcrosby (May 8, 2021)

That registration's also discrete. You'd basically need to direct license it to a production and specify that information to them. Or if you have tracks on a site like Pond5 under the same and someone used it in broadcast and files it as Blue sky with your BMI info than your BMI statement will show Blue Sky. So if you had both in the same statement you'd see _CMP Blue Sky 12345_ next to the show it's associated with, and _Blue Sky_ next to the show it was associated with...

And for sure, spreadsheets are a good way to keep track of everything... You could do something like check your works catalog once every week, every month, whatever worked for you; then spend an hour or two copying and pasting everything in a master spreadsheet whenever something new shows up in your works catalog or one of your own registrations shows up as complete.


----------



## HarmonyCore (May 8, 2021)

@jcrosby I learned from you a lot today  Thanks a lot bro, RESPECT


----------



## Daryl (May 9, 2021)

HarmonyCore said:


> Not all music libraries register your tracks. The library that I am with now ask the writers to register their tracks themselves.


OK, I'm only familiar with the established libraries. This is not normal.


----------



## Daryl (May 9, 2021)

HarmonyCore said:


> And it looks like it's nobody's job these days and composers should do everything themselves


No, that's not the case with established libraries.


----------



## jcrosby (May 9, 2021)

Daryl said:


> No, that's not the case with established libraries.


Definitely. @HarmonyCore are you referring to non-exclusive libraries? TBH this is a dying market. Crucial's pretty much the last of its kind, in that while they're non-exclusive they still seek high tier placements over selling micro licenses to people making cheap content for Youtube. In general though non-exclusive libraries have opted for selling lots of cheap licenses in favor of acting as a proper publishing entity.

There is some logic to this though... If your track is in 50 other non-ex libraries, a library has no way of tracking usage of your music in TV becuase that usage could be coming from 49 other competing libraries... Add content ID into the mix and it gets messier... Libraries like Audiosorax also have a history of trying to muddy the waters, back around 2010-ish they enrolled artists' music in content id without notifying anyone up front. (Pretty sure they were caught at least twice trying to do this)...

This is why the broadcast industry has moved entirely to exclusive. Everything can be tracked and the publisher knows when and where your music is used because they'll use a service like sourceaudio to track where it winds up. This allows them to reach out to a production company if your music is used by a licensee who didn't follow through on their license agreement by doing something like not filing cue sheet. It also eliminates you from having to chase down content ID disputes. You don't want that headache...

This also ensures a broadcast entity isn't toying with music that could potentially have been stolen and uploaded to a fake account. (Which happens all the time)... I personally got off the non-exclusive boat 8+ years ago. I still have some ancient tracks floating around on a couple of places but that's literally pocket money... Anyway aside from crucial, (maybe one or two others I've forgotten?) all of my TV placements happen through exclusive libraries.

Again, Crucial are the last of a dying breed so milk it for what you can get out of it... But also consider approaching some of the bigger exclusive libraries at some point. They have the infrastructure in place to avoid scenarios like this whenever possible.


----------



## HarmonyCore (May 9, 2021)

@Daryl Don't completely take my word for it because I am new in the business. You seem more experienced than me so you have the right to talk about your experiences through the biz. I am taking it slowly and starting small by using one music library at a time to see if the water cold or warm. Then I will expand.

If you go to CM site especially in the submission page they clearly states "Please register your track before submitting to Crucial music". Maybe because it's the last breed of the non-excl. market as @jcrosby said. I didn't want to go exclusive in the beginning because I wanted to submit the same tracks to a couple of non-excl. libs as this route obviously generates more income but with the headache of the non-excl.

From @jcrosby's explanation, I just learned that how late I am to join the party and so amazed by how the non-excl. market is dying, I never knew that. I think I am going to stick with the non-excl. market for some time to find out how much they are dying, milk them to the very last drop and gain some experience


----------



## ashX (May 9, 2021)

Sorry to come up with a really stupid question. But all those names like BMI, ASCAP, PRS are they all different companies in different countries? So you have to search for a company that operates in your country or if my music is played in the US, should I contact american royalty company? Sorry, I'm really far from that.


----------



## HarmonyCore (May 9, 2021)

ashX said:


> Sorry to come up with a really stupid question. But all those names like BMI, ASCAP, PRS are they all different companies in different countries? So you have to search for a company that operates in your country or if my music is played in the US, should I contact american royalty company? Sorry, I'm really far from that.


BMI, ASCAP, ..etc are called Performance Rights Society (PRS) or Performance Rights Organization (PRO). BMI and ASCAP are the most famous and they are US-based. They are in charge to collect and pay writers and publishers monies called Royalties when their works are broadcasted and aired.

Although you can join a local PRO, you don't have to search for a PRO in your country as BMI serves foreign writers outside the US as well. You can't join two PROs at the same time, only one but you have the ability to quit a PRO at any time and join another. Just not both at the same time. When you join BMI, they will collect and pay you royalties EVEN IF your music is played in "Malta" or anywhere in the world. Doesn't need to be played in US only!

Hope this helps!


----------



## Daryl (May 11, 2021)

HarmonyCore said:


> Don't completely take my word for it because I am new in the business. You seem more experienced than me so you have the right to talk about your experiences through the biz. I am taking it slowly and starting small by using one music library at a time to see if the water cold or warm. Then I will expand.


Just so we're clear, I have been a full time library writer for over 20 years, and I own a Publishing company with two labels, so I do know a little bit about it.

Having said that there are many ways of doing things, other than mine, so all I can tell you is how it works from my experience. I have no experience of working with non-exclusive libraries, other than to agree with others that I know many production companies who will not use music from a non-exclusive library, so whilst you might think you would get more income, by allowing your tracks to be licenced from multiple sources, it is more likely that you will get no licences, or no decent licences, at all.


----------



## Daryl (May 11, 2021)

HarmonyCore said:


> You can't join two PROs at the same time, only one


No, that's not the case. You can't be represented in one territory by more than one PRO, but I know many writers who are both members of PRS and ASCAP. ASCAP for the US and PRS for everyting else.


----------



## mojave (Mar 9, 2022)

AlexRuger said:


> So, I'm in the midst of discovering that at least a handful if not many of the projects I've done over the past few years have neglected to submit a cue sheet to BMI.
> 
> I know that BMI can be slow to add cues to your registry, so I haven't really had much of a chance to notice until now. It all started when my last two quarters paid out *nothing,* which seemed to me to be insane but also potentially possible. I decided to wait it out in case BMI was just being super slow.
> 
> ...


Alex, this happened to me as well, a sketchy little production company, and like you I got ghosted by everyone at BMI I mentioned it to. The system is not working. For a PRO to be worth anything, it has to have some enforcement capability.


----------



## mojave (Mar 9, 2022)

Daryl said:


> Without a cue sheet, the broadcaster has no idea of whether or not the music is licenced. Unfortunately, when there is a blanket in force, there is no stick to beat them with. However, this is something the PROs should get involved with. After all, "we" pay them. It should be a case of no cue sheet, no broadcast. It really is up to the production company to do their job properly, and the PROs are the only ones who can enforce this.


yes, exactly, "no cue sheet, no broadcast". Does a PRO have legal standing to ask for that audit? Just the threat of an audit followed by a lawsuit would clean things up.


----------

