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janebse (janebse)
1-Arriviste
Username: janebse
Post Number: 6
Registered: 4-2004
Posted From: 68.63.6.8
| | Posted on Wednesday, April 14, 2004 - 1:50 pm: �� |     ���  |
Listening to Eddie Kendricks' "Keep On Trucking" commercial for GM trucks, I wondered if his family receives any money from this commercial. I am sure living writers do, but what about a deceased singer? And, if so, what part of his family? His children? His former wife? His mother? His siblings? |
Fred (fred)
1-Arriviste
Username: fred
Post Number: 5
Registered: 4-2004
Posted From: 205.188.116.138
| | Posted on Wednesday, April 14, 2004 - 4:36 pm: �� | ��� |
For use of a prerecorded song in a commercial, two licenses are necessary; one for the composition and one for the recorded performance. Normally, the amount of the fees paid for each license are the same, and depend on a lot of factors, most of which boil down to how much the ad agency wants the song and recording.
For writers and publishers, the split is usually 50-50, although if the publishing contract sets a different cut, the contract will apply.
For uses of the recorded performance, the "industry standard" for the license is a 50-50 split between the record label and the performer, and this is commonly written into recording contracts these days. Older contracts (pre-1980) rarely included this language because no one really thought much about this kind of use. I suspect that Kendricks' contract didn't have such a split written in.
The license fee would be negotiated by the label and the ad agency. It would be a flat fee depending on the scope and duration of the use of the commercial, usually figured in 13 week increments.
Universal has an erratic record on making the split 50-50 voluntarily (sorry Harry), but often will do so if pushed. Kendricks' legal heirs, whoever they might be, would be entitled to his share, as they are to whatever royalties his recordings earn. |
BankHouseDave (bankhousedave)
2-Debutant
Username: bankhousedave
Post Number: 25
Registered: 4-2004
Posted From: 195.93.33.10
| | Posted on Wednesday, April 14, 2004 - 4:39 pm: �� | ��� |
Fred:
Glad you made it across the divide. You're the man in these matters. |
janebse (janebse)
1-Arriviste
Username: janebse
Post Number: 7
Registered: 4-2004
Posted From: 68.63.6.8
| | Posted on Wednesday, April 14, 2004 - 6:05 pm: �� | ��� |
Thanks for stating it so clearly. You've made me much more aware of how important the right wording is in any agreement. |
janebse (janebse)
1-Arriviste
Username: janebse
Post Number: 8
Registered: 4-2004
Posted From: 68.63.6.8
| | Posted on Wednesday, April 14, 2004 - 6:07 pm: �� | ��� |
Out of curiosity's sake, if a person did not leave a will stating who his "legal heirs" were, who are most likely to be the legal heirs? I do realize that in some states, the state's designation of "legal heirs" takes precedence over an individual's desires in certain aras. |
Jimmy Mack (luke)
2-Debutant
Username: luke
Post Number: 22
Registered: 4-2004
Posted From: 152.163.252.166
| | Posted on Wednesday, April 14, 2004 - 11:48 pm: �� | ��� |
Does anyone know if Mary Wells retained her rights to the her first hit that she wrote-Bye Bye Baby, as well as Gladys Horton "co-writer" for Playboy-? Brenda Holloway has said she makes more money now for You've Made Me So Very Happy than she did when she was with Motown. She said that one year in the 90s, it was in the low 5 figures for that one year(I guess split with Berry, Patrice and Frank)! |
Fred (fred)
1-Arriviste
Username: fred
Post Number: 6
Registered: 4-2004
Posted From: 205.188.116.138
| | Posted on Thursday, April 15, 2004 - 2:42 am: �� | ��� |
Without a will, a person dies "intestate." Every state has inheritance laws that lay out who gets what under these circumstances.
In most cases (that I am aware of), a legally and currently married spouse is first in line.
If there isn't one of those, any sons and daughters are next, taking equal shares.
To try to bring this back to some semblance of relevance to music, the estate of Screamin' Jay Hawkins is still looking for as many as 20 possible children he may have fathered during his lifetime.
If one of the children is predeceased and has children of his or her own (the deceased's grandchildren) the grandchildren split their parent's share.
Still with me?
If the deceased has no kids, his or her parents are next in line if they are still alive.
If both parents are deceased, the deceased's brothers and sisters are often next. If any of them is already dead but has children, the children take their parent's share.
Collateral relatives (uncles, aunts, cousins, etc.) are often next, but not always. Some states don't give them any claim.
At the bottom of every list, however, is the state where the deceased lived at the time of death. The money passes into what is known as an escheat fund. If anyone who would qualify as an heir under the intestate laws shows up later, he or she can make a claim against the State for the money. Most states have websites where you can check to see if the escheat fund (which also covers unclaimed bank accounts, insurance claims and tax refunds and other amounts where the payee can't be found) has anything for you. It's worth checking out, if just for the fun of it. I found $400 for my brother once - a security deposit on an apartment he had in college. He didn't cut me in. |
Nosey (nosey)
2-Debutant
Username: nosey
Post Number: 20
Registered: 4-2004
Posted From: 66.153.113.238
| | Posted on Thursday, April 15, 2004 - 12:18 pm: �� | ��� |
Great and informative question and answer. That's why I have a will, I believe in handlin' my biness! |
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