SAMRO in trouble?

Riaan-Combrink · 2008-07-15T07:48:22+00:00

Hi guys. Just read the following clip in the latest online MIO-newsletter: SAMRO under pressure! July 14, 2008 - 12:08 PM It is reported that the Sou...

SAMRO in trouble?

AlanRatcliffe

Interesting. Was that a FMR decision or does SAMRO dictate to the radio stations? If so, short step from thee to telling club owners they can only hire artists who are SAMRO members, essentially putting nonmembers out of jobs.

They can and do collect money for payment to artists in other countries, but I don't think they can insist on collecting monies for an unsigned, unrepresented artist.

I have also heard that they occasionally use legal strongarm tactics to make small pubs and restaurants pay or stop putting on live music - even when it is unsigned bands. That kind of shows me they are more interested in the money than the musicians.

"There's a big difference between kneeling down and bending over" - Frank Zappa

Renesongs

@ Manfred I composed for Jazzart ( SA's Top Contemporary Dance Company) for a few seasons . I used sequencer software utilizing mainly orchestral and ethnic sampled instrument in an eclectic-post-baroque-ethnic-techno-funk type thing. Some of my better known works from this time would be Media, Knock-turn-blu, Junction, and Duck & Dance. One of the classical music presenters of Fine Music Radio, Fiona Chisholm, saw the shows and approached me about airing my music. That went well until SAMRO showed up - How dare I let a radio station promote my music and not charge them royalties ☹

I tried to take it further and get into music for films, I tried every angle, even forking out R9k to CAC to do a Certificate course run by a burned-out junior school drop-out on acid to try get some sort of an in ?. In the end it was to much like trying to swim up the Victoria Falls. But hey I still got my guitar so y'all better watch out now ?

Renesongs

@ Alan - I don't know for sure who knuckled who in the FMR SAMRO story. The presenter phoned to tell me that FMR management would no longer play my stuff unless I became a SAMRO member because they pay a bulk royalty fee to SAMRO blah blah blah... Reading between the lines I think that SAMRO told FMR a scare story how that these ruthless musician types will let you play their music for free now than sue the pants off you later or something like that.

Reef

Apparently SAMRO has a coffer full of 88m that is yet to distributed to musicians ☹. That's a whole lot of money they've been holding out on. Perhaps some of that is due to you, Rene.

SAMRO couldn't (technically) insist that FMR pay royalty fees to them - on your behalf naturally - if there was an agreement in place between you and FMR.

I'd guess that SAMRO wanted to see an agreement in writing and FMR thought it would be too much like hard work to have to administrate paperwork around artists who were forgoing royalties in favour of airplay/exposure.

Renesongs

SAMRO couldn't (technically) insist that FMR pay royalty fees to them

I had a spat with SAMRO a few years ago (before I was a member) Capab performed one of my works at a Durban theatre and SAMRO charged R2000 royalties on my music - Lots of letters back and forth proving that Capab were given performance rights by me - so yes SAMRO does collect royalties for unsigned non SAMRO artist. In the long run I signed with SAMRO because they kept sending me letters informing me of performances of my works across the country and on TV shows that I wasn't aware of. After I signed the illicit performances apparently vaporised. ???
Oh yeah I saw the R88m story and I am sure that a tiny bit of it is mine but how do I prove it - I have often thought of setting a trap for them. In fact I did give a CD of my music to play in a clothing store, never shown up on my royalties list.

Reef

That sounds alot like harassment.
How do they decide how much royalties to charge on your work without consulting you? ???
I wonder if SAMRO is au fait with the copyright right act.

Renesongs

I wonder if SAMRO is au fait with the copyright right.

I'm sure they are. Creative copyright is easy, you create something you own it, someone disputes it, you show work in progress (I consulted a copyright attorney years back). What SAMRO's angle is that they have a network of people to ensure that your rights are not being abused. ???

Manfred-Klose

Rene, we all know that musicians only start making money once they have died, elvis,mozart........
In the end it is your children and their children and their childrten that would make money.

ColinS

It's really sad for me to see musicians so willing to believe this garbage about SAMRO.

There are complex protocols for the collection and distribution of royalties, which involve holding funds awaiting distribution. Many composers are unaware of how long the cycle takes. It's easy to say that SAMRO is holding on to Rxxx, but first find out why this is so.

SAMRO is well-respected in the international music community. It is not in trouble at all - in fact, it is growing stronger every year. SAMRO is now a one-stop shop for all royalties: performance, mechanicals and now also Needletime.

As Chairman of the Composers Association of South Africa (CASA), I can highly recommend that everyone joins SAMRO for the protection of their rights and the collection of their royalties.

Regards
Colin Shapiro
www.composers.co.za

Renesongs

It's really sad for me to see musicians so willing to believe this garbage about SAMRO.

It is even sadder to have experienced the "this garbage" from SAMRO. ☹

Many composers are unaware of how long the cycle takes.

So maybe Manfred is right musicians only start making money once they have died ???

ColinS

It is even sadder to have experienced the "this garbage" from SAMRO.

Contact CASA with any problems and we'll try to assist. SAMRO is good but not perfect but if you do nothing, they won't improve.

ColinS

Update on the so-called SAMRO "scandal" or rather, smear campaign:

SAMRO have released detailed replies to the biased articles published in Sunday World.
Go to their home page: http://www.samro.org.za/
Look under: Fact Sheet in Response to Sunday World articles
There are 2 pdf's for download with all the facts.

You may also want to read a post at the MIO forums from SAMRO here:
http://www.mio.co.za/forums/index.php?s=&showtopic=13057&view=findpost&p=99910

Regards - Colin

sepheritoh

Thank you Colin.

As a proud member of SAMRO I have received my royalty statement for the last year, a huge sum of R2.36.

Wow. At least it is money I would otherwise not been getting. For a comparrison, my royalty statement from USA for the month was $12.50. I suppose I can call myself a proffesional now that I get this massive income. Just, I will not quit my daytime job as yet. ?

ColinS

Today MIO published 2 articles which are responses from SAMRO to this whole issue

1: A response from SAMRO about the 1st Sunday World article: SAMRO response 1
2: A response from SAMRO to the 2nd article: SAMRO response 2

As I said above, please also read the thread at MIO about this: MIO forum topic

In the words of Nick Motsatse, SAMRO CEO, this was "an ochestrated campaign by Graeme Gilfillan" who represents SARRAL, NISA Global Entertainment and IP Administrators.

I firmly believe that SAMRO is an organisation of great integrity and honesty. All composers and musicians are advised to follow these links and get all the facts for themselves.

Regards
Colin Shapiro
CASA Chairman

ColinS

sepheritoh wrote: As a proud member of SAMRO I have received my royalty statement for the last year, a huge sum of R2.36.

☹
This huge payment ( ? ) could be the result of several factors:
1 - You didn't have much music on air.
2 - You did have lots of stuff on air, but it wasn't logged properly.
3 - You haven't notified SAMRO properly.

It REALLY is worth the effort to do all your paperwork as it can add lots more digits to your payments.
Check that all your works have the correct names. Don't call your music "Intro" or "Theme" because there are probably 10,000 other works with the same name. Try to check that where your works were used, that correct names have been filled in on cue sheets. Get copies of cue sheets, keep a copy and send a copy to SAMRO.

If you feel your payment is wrong, call and visit and check up on the use of your works - it all helps.

Regards - Colin

sepheritoh

Colin I am not saying that there is anything wrong. I did find it amuzing though. I am a bit behind with my paperwork, I also know that the USA do not pay royalties for works syncronized and sold on DVD. That is mostly where my royalties should come from, if there were any. I signed up for a USA library company now, who will be making sure that the companies using my works fill in the cue sheets. Any income from SA sources are more coincidental.

Renesongs

Thanks Colin for links to these informative articles and setting the record straight. It's really sad to see how many worthy people and organizations fall victim to orchestrated campaigns by their opponents to discredit them, which the media are so eager to publish on face value without doing independent research. It heartens me to see that the government is addressing this issue with their new media bill. In future we won't have to be alarmed after reading such tripe as "State hospitals in crises" , "Zuma on the graft", "SAMRO milking royalties", or "Crises in Zimbabwe".