Frequently Asked Questions (FAQ)
Note, all references below to Surfview Publshing (BMI) also apply to Surfview Licensing (ASCAP).

  


Q: Are the master and sync licenses immediately available for all of the songs on SurfviewPublishing.com, SurfviewRecords.com and SurfviewRadio.com?

A: Yes.  We control 100% of the rights.  Music supervisors depend upon on our quick turnaround on quotes, our indemnification warranty and our ability to satisfy their emergency clearance requirements.


Q: Under what conditions do you accept submissions?

A: Assuming that the music to be submitted is in a genre that we need (call first) and is of a professional quality,
our business model requires the following:

  1. There music must be at least 5 (five) songs of a quality worthy of being played on radio stations - or music capable of evoking emotions that would be suitable for television, film soundtracks or commercials.

  2. For each song, both copyrights (the underlying song and the master) must be available for exclusive licensing.

  3. Surfview Publishing (BMI) or Surfview Licensing (ASCAP) must become the sole publisher of record. If you don't have a music publisher, then you can pick from either BMI or ASCAP.  If you already have one that isn't working for you, then we can transfer the songs.  If you're happy with your current publisher, support them.  If not, we offer capabilities that most don't.  (How many publishers do you know that have an internet radio station and an e-commerce download store -- and a clever proprietary way of getting your songs played on numerous internet radio stations?)

  4. A copy of all PA and SR copyright registrations must be provided to us showing no other claimants than those signing with us.  There must be no encumbrances on the works submitted.

  5. A copy of all CD-quality radio-playable masters must be provided to us. No mp3's.

  6. All songwriters, artists and master owners must sign an agreement that allows us to license the works at a moment's notice (music supervisors want quick clearance - and without the ability to negotiate on behalf of the above, the deal would be blown.)

  7. All songwriters, artists and master owners must sign an agreement allowing us to play the music on Surfview Radio (http://www.surfviewradio.com) - waiving any performance payments rights (such as that collected by SoundExchange, BMI, ASCAP, etc.)

  8. All songwriters, artists and master owners must sign an agreement allowing us to sell the music at Surfview Records (http://www.surfviewrecords.com) and directly from the Surfview Publishing and Surfview Radio sites'  "Buy Now" links. (With SurfviewRadio.com's BuyNowPlaylist™, it's easy for listeners to buy what they hear on Surfview Radio.)  Songs in public circulation increase the probability of licensing.  We make that possible.

  9. All songwriters, artists and master owners must sign an agreement allowing us to use their likeness on any of our marketing materials.  You will need to supply photos that have been released from any copyright restrictions - or we will shoot some ourselves that will become our exclusive property.

  10. All songwriters, artists and master owners must sign an agreement allowing us to present edits of the songs on Surfview Publishing (http://www.surfviewpublishing.com) and allow us to make edits of any length.

 

Q: What genres do you need?

A: Most genres.  What's most important is that the quality of the song and master be professionally high.  Don't submit music that isn't ready for radio airplay.

 

Q: How many songs can I submit?

A: Submit at least 5 (five) songs that are available for publishing (i.e., not already contracted, licensed or made unavailable).  They should all be of CD radio-playable quality.  Make sure that all of the copyright owners agree to participating, in the advent that you be accepted for representation.

 

Q: What does Surfview Records pay and how often?

A: Surfview Records uses PayPal's micropayment rate for downloads (5% plus 5 cents), which leaves $.90 to be distributed out of the dollar received for the mp3 download payment.  The songwriters receive the compulsory mechanical rate (currently $.091 for 2007) and the rest is split evenly between the master owner, the artist and James E. Tessier/Surfview.  Payments are made within 45 days of the end of every quarter.

 

Q: Does Surfview Records provide charting stats?

A: When you go to the Surfview Records site, you will see a box and list  that says "Bestsellers".   The software keeps a live count as to what's hot.  Those songs that sell well will rise to the top and receive additional attention.

 

Q: Does Surfview Records require that a professional CD be in distribution?

A: No.  We focus on single songs distributed as downloads.  That makes it easier to release singles as they become available.

 

Q: What is the term of the contracts?

A: All contracts continue until cancelled by a U.S. Postal Certified Letter with Proof of Receipt Confirmation.  Surfview Publishing has 18 months (from that date of receipt) to conclude any business that may be in the pipeline from songs submitted for projects.  And if a song has been licensed by Surfview Publishing, then that song stays with Surfview Publishing (or designee) unless a good faith buyout offer is accepted by Surfview Publishing.  (If a song is likely to receive performance rights revenue, it only makes sense that that  revenue stream be compensated for before any transfer of publishing is authorized by Surfview Publishing.)  All unlicensed songs will be transferred after the 18 months expire.

 

Q: What is Surfview Publishing's fee for licensing our music?

A: 20% and the publisher's share from the performance rights organization (BMI or ASCAP). If a new work is commissioned, the publisher's share is reduced to 10%, to compensate the songwriter for the additional effort required.

 

Q: Does Surfview Publishing return any of the publishers performance rights revenue?

A: No, unless warranted and contracted specifically.  The publishing business is expensive; if we don't receive our fair share, we won't have enough revenue to run our marketing programs - which hurts everyone.   BMI and ASCAP collect  the songwriter's share separately and that goes directly to the songwriters - and not through Surfview Publishing or Surfview Licensing.

 

Q: Does Surfview Publishing pay an advance?

A: No.

 

Q: Does Surfview Publishing pay new copyright fees?

A: As a general rule, no.  At $45 each for new copyright applications, this has become too expensive for us.  You're expected to handle your own applications and submit copies as you receive them.  However, if you're generating profits with us, we will do it for you, and deduct the fees from your proceeds.  Also, since you get to keep your copyrights (most publishers make you sign them over), under our exclusive licensing arrangement, we increase the value of your copyrights, making the filing fee negligible.

 

Q: Does Surfview Publishing pay our master production costs?

A: No.  Since you get to keep your own masters (most labels make you sign them over), under our exclusive licensing arrangement, we increase its value, making your cost of producing it, a good investment.

 

Q: What if we have already promised points to people?

A: Surfview Publishing pays the copyright owners of the underlying works and masters.  Those parties are responsible for paying whatever points they have promised.   When Surfview Records pays the master owner and artist, each is expected to pay their promised points out of their shares received.   Each songwriter is paid separately so that the funds will definitely go to each songwriter of record.

  

Q: What if the songwriters, master owners and artist aren't getting along?

A: The beauty of this system is that we are a third party.   People who aren't getting along can be confident that they can make their catalog available and that their interests will be well kept in a fiduciary way, knowing that each participant will be paid separately.   (Try to think how that would work with CDBaby or Amazon - who both pay only one person.  With us, you don't need to worry about that - since we look after all of these parties' interests - separately.)

  

Q: What if the songwriter, master owner or artist are contacted "independently" for a licensing opportunity - does the publisher still get compensated?

A: Yes.  Due to the impossibility of determining how a would-be licensee found out about the music, there is no exemption or rate reduction due to an "independent" contact.  Just like in the movie business, where an actor is approached by a producer who has dodged the agent's involvement, clients participating with Surfview Publishing are expected to direct these "independent" contacts to Surfview Publishing, who will negotiate on the client's behalf.  Moreover, Surfview Publishing knows what the market rates are and will make sure that the client doesn't give the store away or blow the deal because of grandiose expectations outside of the normal range.   By having the publisher handle all licensing, the client maximizes their license fees received.  As a plus, if there are people bothering you for free or deeply discounted usage, sending them to your publisher by saying, "Just call my publisher", will keep you from having to say "no" and will allow you to stay friendly - and professional.

 

Q: What if the would-be licensee makes an out-of-market-range offer?
A: If the offer isn't ridiculous, the client is contacted and asked if they would like to participate.

   

Q: What if the would-be licensee makes an in-market-range offer?
A: The client-publisher agreement allows the publisher to accept any in-market-range offer to expedite the clearance of the song.   Most music supervisors are in a time crunch.  The ability to control 100% of the song's usage is paramount for meeting this demand.   Clients will be contacted for in-market-range offers for these exemptions only -- for when the song is used in 1.) a political campaign, 2.) an X-rated or un-rated movie or TV show, 3.) a commercial or infomercial where the product or service may negatively affect the positive attitude toward the song or client, and  4.) in a movie or TV show, where the song title will be used as the title or the song story is fictionalized.

   
    

Q: Where do we send our submissions?

A: First call Jim Tessier at (623)298-5034 or send an e-mail request to get the OK.  
After you receive the OK, then send submissions to:

Jim Tessier
Creative Director, Surfview Publishing
2449 E. Brown Street
Phoenix, AZ  85028

Allow 3 weeks before expecting a response.

 


* This page is for preliminary information purposes only.   Anything on this page may change without notice. 
Nothing on this page is to be considered a legal binding contract. 
All agreements are handled with separate contracts to be signed by all parties.

 

Copyright © 2015, James E. Tessier.   All Rights Reserved.
Surfview Publishing™, Surfview Licensing™,  Surfview Radio™, BuyNowPlaylist™ and Surfview Records™ are all trademarks of James E. Tessier.