The Stage

TV music commissioners unethical, say composers

Published Thursday 16 December 2004 at 11:30 by Liz Thomas

Broadcasters commissioning music for television are using practices that are unethical, anti-competitive and unacceptable, according to the British Academy of Composers and Songwriters, in a complaint lodged at the Office of Fair Trading.

The academy claims contracts for commissions offered to its members by all of the major broadcasters and some independent production companies are drastically affecting their incomes for the worse.

Composers receive a single fee for their music to be used on television but they currently also have to sign a contract with a music publisher, representing the broadcaster, agreeing that a percentage of the royalties will go back to the channel commissioning the piece. Artists can lose as much as 35% of their royalties.

The practice, dubbed ‘coercion’ in the music industry, can mean that if a composer does not sign the agreement they may find it difficult to secure future work.

David Ferguson, chairman of the academy and also a composer for shows such as Cracker, Bravo Two Zero and Auf Wiedersehen, Pet, said: “Royalties are a vital part of media composers’ earnings, in many cases 60% to 70% of their total income. If they are forced to give away a large percentage of this, simply for the privilege of working, it can have a devastating effect on their livelihood.

“The amount is continuously being sliced off the top of what should be received, so in effect composers are paying the broadcasters to publish their work.”

The academy, in association with law firm Denton Wilde Sapte, spent six months collecting evidence from its members, before presenting the complaint to the OFT.

Ferguson added: “A great many of our members are extremely angry at what they see as bullying and an abuse of power by certain broadcasters and production companies. The issue has been growing in importance, yet nobody seems to be negotiating with us.

“The only step forward is that we have talked to the BBC’s fair trading department.”

A Corporation spokesperson said it had received the complaint and was currently in dialogue with the academy to discuss the issue.

Channel 4 declined to comment on the matter at this stage.

A spokesperson for ITV said: “No official complaint has been made to ITV. As and when we are notified of an official complaint we will of course respond.”

The Swedish composers association SKAP is simultaneously launching a coercion complaint with its own competition authorities and the academy has said it expects further action will take place across Europe.