Sabam - They pay me and I have to be a member ?
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s_t |
Hi there,
I recently send in some tunes and got now a contract (not signed yet, as I got it today) from a label from belgium.
Contract is all clear but I also got paper-stuff from a company named "Sabam". In one of their articels it is stated:
"Writer is, at the time when this agreement is entered into, member of the collecting society SABAM, which collects and pays out the Writer's share of performance rights and mechanical reproduction rights"
so - basically I get all of the payment (online, records, cds etc) from that company ?
And I do have to be a member there ?
sry - if I might be in a wrong forum for such a question, or if there had been older threads with the same issue (couln't find any)
thank you! |
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19503 |
maybe its a company that collects money from radiostations, tv-commercials etc. to give some to you or the label or something. everythings weird now-adays i dont sign anything again. just releasing my own stuff myself. |
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Terrence Parker |
quote: | Originally posted by s_t
Hi there,
I recently send in some tunes and got now a contract (not signed yet, as I got it today) from a label from belgium.
Contract is all clear but I also got paper-stuff from a company named "Sabam". In one of their articels it is stated:
"Writer is, at the time when this agreement is entered into, member of the collecting society SABAM, which collects and pays out the Writer's share of performance rights and mechanical reproduction rights"
so - basically I get all of the payment (online, records, cds etc) from that company ?
And I do have to be a member there ?
sry - if I might be in a wrong forum for such a question, or if there had been older threads with the same issue (couln't find any)
thank you! |
I think Sabam is the same as GEMA in Germany. |
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s_t |
Yes, I just read it on wikipedia - that is the same like the German Gema - So when I am a member in the German Gema I could actually still get my payment from them (Gema) instead of the Sabam - right ? |
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Terrence Parker |
quote: | Originally posted by s_t
Yes, I just read it on wikipedia - that is the same like the German Gema - So when I am a member in the German Gema I could actually still get my payment from them (Gema) instead of the Sabam - right ? |
As I understand if you publish your music in Germany only GEMA is responsible, so I think when you publish your music in Belgium you need Sabam.
Because Sabam can not intervene in Germany when someone is using your music illegally.
But I am not 100% sure, these law things are painful complicated sometimes. |
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Magnus |
SABAM is the Belgian author rights society. We have BMI, ASCAP, or SESAC here in the United States. You register your works with them in addition to whatever happens with the label that puts your music out. This was a huge source of confusion for me, and still is to some extent, because nobody seems to know exactly WTF is going on. I would get a different answer from every person that I asked about what I needed to be doing on my end. Finally I ended up going with BMI and have almost all of my tracks registered at this point.
So basically, there are 2 things. The first is you get royalties from the labels for which you sign a royalty agreement. The second is you have publishing which is related to mechanicals and performance rights which is handled by SABAM in your situation. |
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s_t |
thank you!
So I could ask the label to pay me "direct" or otherwise they have to
make a membership on sabam for me ? Cause the only language on the sabam-website is belgium or french. And my french is not that great to understand that whole procedure. |
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Lolo |
hey mate, VERY VERY VERY good question, and here I come with a part of the answers.
call sabam directly, they either speak english and I'm sure german as it's dependent from the state. Und wir spreichen im Belgiën auch ein sehr klein bitt Deutsch.
Sabam: +32 2 286 82 11
Sabam collects publishing and author rights and pays you collected amounts that record labels pay to them. For example, the label releases your record and has to pay Sabam 18% of that amount for each copy sold. Based on those the publisher and the author (you in this case) get paid from Sabam their share off those 18%.
In case of music released on cd or vinyl with less than 10 tracks it means that you'd get easily as much author rights as you'd get royalties at the end.
Many many MANY artists underestimate publishing, and as a record company, it's a legal requirement to pay those (in fact they directly get off our statements from download portals!!). So we pay those rights, but artists never get that money because they don't get affiliated. Most of them don't even know what it is and how it works, which means they never see their money for radio plays for example! Shame on them for being that stupid, I keep saying that to a few people and still they don't have a legal affiliation to their local author rights guild, which means most of them don't even know what they sign! ROFL
In case you want to get affiliated to Gema, please notify the record company about it! (Question: you said a label in Belgium, is it possible that it's my colleague Fly??)
In this case, the tracks are registered to Gema, and when Sabam collects money off your tracks, they give it to Gema, that will then give it to you a little bit later. Same goes for other sister companies such as MCPS, SDRM/SACEM, ASCAP, JASC, BUMA/STEMRA, etc etc etc...
As we're now in EU, you can choose which author rights guild you want to join, normally. But I strongly recommend you to call Sabam or Gema to have advice.
To sum it up, labels CANNOT collect your money in first instance and give it to you. And this kind of behaviour is not recommended anyway.
Grueßen von Luttich.
Laurent |
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s_t |
thank you :)
Yes it is your colleague Fly :toocool: I just called the Gema and they told me that the payment procedure will also work by them, as they got international contracts with all those other european companies.
To conclude: As an Artist you stuck in your countrie's collecting company (in Germany = it is GEMA, Belgium it is = Sabam etc) and they collect all the payment for ya. To be in more collecting companies outside your countriy is untypicall (what I heard so far)
So all I do now is aksing now for a "Gema" specified contract.
But I guess in this situation I am the one who has to make the Gema-Form and send it to the label - I guess... |
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Subtle |
quote: | Originally posted by Lolo
Many many MANY artists underestimate publishing, and as a record company, it's a legal requirement to pay those (in fact they directly get off our statements from download portals!!). So we pay those rights, but artists never get that money because they don't get affiliated. Most of them don't even know what it is and how it works, which means they never see their money for radio plays for example! Shame on them for being that stupid, I keep saying that to a few people and still they don't have a legal affiliation to their local author rights guild, which means most of them don't even know what they sign! ROFL | I thought this all happened automaticly when you sign those Sabam contracts. Does this mean i have to register with my own country`s publishing company to see any cash from this ?
And will all the money i would have gotten by all my MTV plays the last two years and such be lost because i never registered or something ? |
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s_t |
I m not sure.
I made a phone-call this morning with the German Gema - and they only said that it might be the best to sign to your countrie's collecting society (In their Opnion). But on the other hand those guys only want to register you as they want our money etc. ( I have to pay for the whole membership)
This is gonne be my first release and I haven't entered any of those companies yet. I m not sure whether I should join as the whole market is going with downloads and not physical CDs any more. I doubt that my music will be ever played on tv or any radio-station :p
Any Way with signing to the label I will be automatically a member on Sabam I guess... |
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Magnus |
Lolo thanks for all that info. Fly handles my publishing as well so this raises the question, since I live in the US, SABAM handles things for overseas and BMI for airplays or whatever here in the US? |
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