ASCAP Credit Weighting Formula

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    CREDIT WEIGHTINGFORMULA

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    Weighting FormulaIn awarding credit for a performanceappearing in the Societys survey, noon the basis of the identity or use of the workperformed,as provided in this WeightingFormula.

    used in this WeightingFormula:(1) "Theme"shall meana musical work used as an identifying signatureof a radio or television personality or of all or part of a radio or televisionprogramor series of programs. A musical work (other than a jingle) used inconjunction with an advertising, promotional or public service announcementshall receive the credit proposedby the Society as explained in its Applicationfor Amendmento the Consent Decree and Notice to Membersn April 1994.(2) "BackgroundMusic" shall mean mood, atmosphere or thematic musicperformed as background o somenon-musical subject matter being presented

    on a radio or television program.A vocal or a visual instrumental renditionwhich is a principal focus of audience attention shall not be regarded asbackgroundmusic regardless of the context in which performed.(3) "Jingle" shall mean an advertising, promotional or public serviceannouncementontaining musical material (with or without lyrics), where (a)the musical material was originally written for advertising, promotional orpublic service announcement urposes or (b) the performance s of a musicalwork, originally written for other purposes, with the lyrics changed foradvertising, promotional or public service announcementpurposes with the

    permission of the ASCAPmember or members in interest or (c)theperformance s of a musical work, originally written for other purposes, whichdoes not have at least one hundred and fifty feature performance creditsrecorded in the Societys radio and television surveys during the fivepreceding fiscal survey years.(4) "CueMusic"shall meanmusicused on a radio or television program ointroduce, but not to identify, a personality or event thereon. The term "cuemusic" ncludes, but is not limited to, introductions, "play-ons," and "play-offs."(5) "Bridge Music" shall mean music used on a radio or televisionprogramas a connective link between segments or portions thereof.(6)(a) "Feature Performance" shall mean any performance which is aprincipal focus of audience attention and which constitutes a musical subjectmatter on a radio or television programand is not a performanceas a theme,jingle, background, ue or bridge music, or in conjunctionwith an advertising,promotional or public service announcement r a logo. A visual instrumentalor vocal performance shall be presumed o be a feature performance unless

    such performance is as a theme or a jingle or in conjunction with anadvertising, promotional or public service announcement r logo or is not aprincipal focus of audienceattention.(b) "Visual Instrumental Performance"shall mean a performance by amusician or musicians whoare seen by the television viewing audience.

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    Weighting Formula(c) "Vocal Performance"hall mean he performanceof the lyrics of acomposition or the on-camera humming r whistling of the music of acomposition.(d) "Musical Subject Matter"shall mean he presentation in a programof an activity (i) which normally involves the performanceof music--suchas singing, playing a musical nstrument, or dancing (including skating in amanner kin to dancing or ballet), and (ii) in whichsuch music s the musicwritten for or used in the original presentation as the work being sung,played, or danced o.

    (7) "Qualifying Work" hall mean work meeting both of the criteria setforth in subparagraphs a)(i) and (a)(ii) of Paragraph (C) of this WeightingFormula.(8) "Non-QualifyingWork" hall mean work not meeting the criteria setforth in Paragraph (C) of this WeightingFormula.(9) "Single Program"shall mean a period of broadcasting which ispresented by the same dominant personality, or is presented undersubstantially the same itle, or is presented as a single showwith separatesegments. n the case of radio, if any such period of broadcasting s more hanone hour in duration each one hour segment hereof shall be treated as a single

    program,and any remaining raction of less than one hour shall be treated asa single program. n the case of television, such period of broadcasting shallbe the actual length of the television program.(10) "Use Credit" shall mean full credit for a single performance.(11) "Otherwise Applicable Credit" shall mean the use credit orpercentage of a use credit otherwise provided for in this WeightingFormulafor a particular type of use of a qualifying or non-qualifyingwork.

    (B) Credit for Feature Performances(1) Each feature performance of a work (as distinguished fromperformanceas a theme, jingle or as background,cue or bridge music, or inconjunction with an advertising, promotional or public service announcementor logo) shall receive one use credit for the first performance nd 10% f a usecredit for each subsequent performanceon a single program, provided that noworkshall receive more han two use credits for a single program.A feature performance on television of a non-qualifying work shallreceive 50% f the otherwiseapplicable credit for the first performancef it isbetween 15 and 44 seconds in duration and 25%of the otherwise applicablecredit for the first performancef it is 14 secondsor less in duration.Each subsequent performance on a single program shall receive 10%ofthe otherwise applicable credit, provided that no workshall receive more han

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    Weighting Formula(2) In the case of radio performances, if a single side of a 45 rpmrecording, or a single band on a long playing record, tape or other similardevice includes three or moreworks, the use credit allocated to all worksonthe side or the bandshall bear the same elationship to eight (8) use credits thatthe duration of the side or band bears to a quarter hour.(3) If (i) analysis indicates that there are inaccuracies in listing thecompositions performed or describing the manner of the performance onreports received for certain programs,and (ii) such information is prepared bya member r by a person associated with a member, nd (iii) the Society doesnot have and the user or the member re unable to furnish the Society with afilm, video tape, or other audio-visual recording of the program, hen it shallbe presumed that the works of the member did not receive featureperformances on the program.

    Credit for Performances as a Theme, Background Music, Cue or BridgeMusic, or Announcement(1) Qualifying Works:

    (a) A work complyingwith both of the following tests shall receive50% f a use credit or other percentage thereof specified in this WeightingFormula for the performance of a qualifying work as a theme, backgroundmusic, cue or bridge music, or announcement:(i) an accumulation of 20,000 radio and television featureperformancecredits since October 1, 1959;(ii) an accumulation of 5,000 radio and television featureperformance credits during the five latest available preceding fiscalsurvey years, toward which total not more than 1,500 credits shall becounted for any one of such survey years; provided, however, that whena work accumulates 150,000 radio and television feature performancecredits it shall be deemedo be in compliancewith this test.

    (b) Until five years of records of feature performances re available thenumber f feature performance redits required pursuant to subparagraph a)(ii) aboveshall be reduced proportionately to the number f years available.For a workwhose irst surveyed performance ccurred within the five latestavailable preceding fiscal survey years, the requirementof said subparagraph(a)(ii) shall be satisfied when the work has met the requirements ofsubparagraph (a)(i) above and shall continue to be satisfied if in eachsubsequentyear of such five years the work eceives one-fifth the number ffeature performance redits required by said subparagraph a)(ii).(c) The number of performance credits needed to meet anyrequirement pursuant to subparagraph (a) above is premised on an annualtotal of approximately 25,000,000 performance credits recorded in theASCAPurvey; performance credits in years when the total number of

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    Weighting Formulaperformance credits recorded in the ASCAPurvey was 20%greater orsmaller than that number hall be adjusted proportionately.

    (d) For works which n their original form were composedor a choral,symphonic or similar concert performance (including chamber music),the numbers of feature performance credits required by subparagraph(C)(1)(a) shall be reduced to 20%of the numbers of feature performancecredits prescribed therein.

    (e) When ny work has been performed for more than 13 weeks as anopening or closing theme of a network television programat least half ofwhich is broadcast between the hours of 7:00 p.m. and 12:59 a.m. NewYork time it shall receive 50%of a use credit whenperformed as such atheme for such program beginning with the fourteenth week. Whenanysuch program is subsequently performed on local, public or cabletelevision, the theme shall continue to receive 50%of a use credit. A workwhich qualifies both under this subparagraph and also any othersubparagraphs f this Paragraph C) (1) shall receive the credit provided inthis subparagraph e).(f) Effective with the first fiscal survey quarter year in which ASCAPdistributes revenues from television per program icensees on a programbyprogram basis, when a program with an opening or closing theme whichqualifies for the theme credit provided for in Paragraph C(1)(e)above is

    transmitted by a television per program icensee, such compensable hemeperformance hall receive 60% f a use credit.(2) Themes:

    (a)(i) Whenany qualifying work is performed as a theme, it shallreceive only 50%of a use credit for all such performanceswithin the first60 minutes of any single programregardless of the numberof actual suchperformances, and for all additional such performancesduring the remainderof the programt shall receive only an additional 5%of a use credit per hourregardless of the number f actual such performances.

    (ii) Effective with the first fiscal survey quarter year in which ASCAPdistributes revenues from television per program icensees on a programbyprogram basis, such qualifying work performed as a theme on a programtransmitted by a television per program icensee shall receive only 60% f ause credit for all such Compensableerformanceswithin the first 60 minutesof any single programregardless of the numberof actual such compensableperformances, and for all additional such compensable erformancesduringthe remainderof the program t shall receive only an additional 6%of a usecredit per hour regardless of the number f actual such performances.

    (b)(i) When ny non-qualifying work is performedas a theme, it shallreceive only 25%of a use credit for all such performanceswithin the first60 minutes of any single programregardless of the numberof actual such

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    Weighting Formulaperformances,and for all additional such performances uring the remainderof the program t shall receive only an additional 2.5%of a use credit perhour regardless of the numberof actual such performances.

    (ii) Effective with the first fiscal survey quarter year in which ASCAPdistributes revenues from television per program icensees on a programbyprogrambasis, such non-qualifying work performedas a theme o a programtransmitted by a television per program icensee shall receive only 40%of ause credit for all such compensable erformanceswithin the first 60 minutesof any single program egardless of the number f actual such compensableperformances and for all additional such compensable erformances duringthe remainderof the program t shall receive only an additional 4%of a usecredit per hour regardless of the number f actual such performances.

    (3) Background, Cue and Bridge Music:(a) Whenany qualifying work is performed as background, cue orbridge music, t shall receive the greater of (i) the credit for use of the workin a single program computed on a durational basis as provided insubparagraph (3)(b) below or (ii) 50%of a use credit for the first suchperformance on a single program, and only 5%of a use credit for eachsubsequent such performance on such program, provided, however, that inthe event credit is computeds set forth in (ii) of this subparagraph3) (a),no workshall receive more han one use credit for a single program.(b)(i) Non-qualifying works written by the same writer or writers andpublished by the same publisher or publishers performed as background,cue or bridge music on each programshall receive, for each three minutesduration in the aggregate for that program, 42%of a use credit; multiplesor fractions of three minutes shall be computed n a per second basis prorata to the 42%use credit weight for three minutes; provided, however, hatin no event shall such performance eceive less than 1%of a use credit.

    (ii) Effective with the first fiscal survey quarter year in whichASCAPistributes revenues from television per program licensees on aprogramby programbasis, non-qualifying works written by the same writeror writers and published by the samepublisher or publishers performed s abackground, cue or bridge music on a program ransmitted by a televisionper program icensee shall receive, for each three minutes duration in theaggregate for that program, 54%of a use credit for compensable erform-ances; multiples or fractions of three minutes shall be computed n a persecond basis pro rata to the 54%use credit weight for three minutes;provided, however, that in no event shall such compensableperformancereceive less than 1% f a use credit

    (c) To determine use credits for performances n this classificationwhere the time of actual performance cannot be established from theinformation available to the Society, 40%of the net program ime will beconsidered as containing background, cue or bridge music and the

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    Weighting Formulacomputation of 42%(or 54%for works performed as background, cue orbridge music on programs ransmitted by television per program icensees),will be based on such computed time. Where condensed versions of aprogram are presented and the actual music performed on this condensedversion is unknown, he 40%computation will be madeon the net programtime and applied pro rata to all of the background, ue or bridge music n theoriginal program. Where it is determined that the amount of music onparticular types of programs deviates more than 20%from the 40%computation(e.g., so that less than 32%of the net program ime containsbackground,cue and bridge music) the percentage applicable to these typesof programs will be determined through periodic samples of the amountofprogram time on these types of programs containing background, cue andbridge music. Where he time is not given on the programor on a cue sheetavailable to the Society, in determining the use credit for each work hebackground, cue and bridge time determined as above will be dividedamong uses on a pro rata basis. These samples also shall be used todetermine the average duration of identified compositionswhen nformationon duration is not readily available to the Society.

    (4) Advertising, Promotional and Public Service Announcements,Logos andJingles:(a) Performance of any qualifying work in conjunction with an

    advertising or public service announcement other than a jingle), shallreceive only 12% f a use credit for all such performanceswithin the first60 minutes of any single programregardless of the numberof actual suchperformances, and for all additional such performances during theremainder of the program, shall receive only an additional 10%of 12%ofa use credit per hour regardless of the number f actual such performances.Performances of any non-qualifying work in conjunction with anyadvertising or public service announcement other than a jingle), shallreceive only 5%of a use credit for all such performanceswithin the first 60minutes of any single program regardless of the numberof actual suchperformances, and for all additional such performances during theremainder of the program, shall receive only 10%of 5%of use credit perhour regardless of the numberof actual such performances.

    (b) Performance of any qualifying work in conjunction with apromotional announcementother than a jingle), sponsored by the networkor station on which t appears, shall receive only 3.5%of a use credit for allsuch performances within the first 60 minutes of any single programregardless of the number f actual such performances,and for all additionalsuch performancesduring the remainder of the program, shall receive onlyan additional 10%of 3.5% of a use credit per hour regardless of the numberof actual such performances. Performances of any work as a logo andperformances of any non-qualifying work in conjunction with apromotionalannouncementhall be credited in the same ashion as a jingle.

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    Weighting Formula(c) When ny work is performedas a jingle it shall receive only 3%ofa use credit for all such performanceswithin the first 60 minutes of anysingle programregardless of the numberof actual such performances, andfor all additional such performancesduring the remainder of the program t

    shall receive only an additional 10%of 3% of a use credit per hourregardless of the numberof actual such performances.(5) General Limitation: Anything o the contrary notwithstanding:

    (a) On any network program which begins between 1:00 a.m. and 6:59p.m. and which is presented four or more times weekly, having the samedominantpersonality or under substantially the same title or format, thecredit to be awarded or feature performances f works written or publishedby persons regularly associated with the program on which suchperformances are rendered and for performances of works as themes,background, cue or bridge music, or announcements hall be 50%of theotherwise applicable credit. This limitation shall apply in the case of bothindividual credits and maximumggregate credits on any such program.

    (b) Twoor more works performed in an advertising, promotional orpublic service announcement hall receive in the aggregate the use creditwhich wouldhave been allocated to the work entitled to the greatest usecredit if only one work had been performed. The use credit for each suchworkshall be reduced pro rata.

    Time-of-Day Factor for Television Programs(1) NetworkTelevisionPerformances of works on network television programs other than thoseor which credits are limited under Paragraph (C) (5) (a) shall be

    Monday hrough Friday(i) If the programbegins between 1:00 a.m. and 5:59 a.m., 25%of theotherwise applicable credit;(ii) If the programbegins between 6:00 a.m. and 12:59 p.m., 50%of theotherwise applicable credit;(iii) If the programbegins between 1:00 p.m. and 6:59 p.m., 75%of theotherwise applicable credit; ?

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    Weighting Formula: (iv) If the programbegins between7:00 p.m, and 12:59 a.m., 100% f theapplicable credit.Saturday and Sunday

    (i) If the program begins between 1:00 a.m. and 5:59 a.m. 25%of theotherwise applicable credit;(ii) If the programbegins between6:00 a.m. and 12:59 p.m., 50%of theotherwise applicable credit;(iii) If the programbegins between1:00 p.m. and 12:59 a.m., 100% f theapplicable credit.

    (2) Local, Public and Cable TelevisionMonday hrough Sunday(i) If the program begins between 1:00 a.m. and 5:59 a.m., 75%of theotherwise applicable credit;

    (ii) If the programbegins between 6:00 a.m. and 12:59 a.m., 100% f theapplicable credit.(3) New Years Day, Memorial Day, Independence Day, Labor Day,Thanksgiving and Christmas

    If the program is broadcast On any of these holidays which falls on anyweekday, performances shall be credited as if the program were broadcast on aSaturday or Sunday.

    For a program more than one hour in duration which begins in one timeperiod, as defined above, and extends into another time period, the applicablecredit for all performanceson that program hall be determinedas follows:Whenmore han half the program s in one time period, that time period shall

    govern; when the program is divided equally between time periods, the timeperiod having the higher applicable credit shall govern.For purposes of this rule, the time a network elevision programbegins shallbe NewYork broadcast time, except that if a network furnishes more than oneprogram o its affiliates at the same ime, such as different football games odifferent parts of the network, the times such programsbegin shall be the localtimes at the places the programsoriginate.

    (E) Serious Works Four Minutes or Longer in DurationWorkswhich require four minutes or more for a single, complete renditionthereof, and which n their original form were composedor a choral, symphonic,or similar concert performance including chambermusic), shall receive credit onthe following basis when performed on radio or television for the respectivedesignated periods of time:

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    Weighting FormulaMinutesf ActualPerformance

    4:00 to 5:305:31 to 10:3010:31 to 15:3015:31 to 20:3020:31 to 25:3025:31 o 30:3030:31 o 35:3035:31 o 40:3040:31 to 45:3045:31 to 50:3050:31 to 55:3055:31 to 60:30

    Eachadditional 5 min-utes or part thereof(F) Concert and Symphony Performances

    TheOtherwiseApplicableCredit s Multiplied y:26

    12203040506070809010010

    The license fees which the Society receives from concert and symphonyhallsshall be multiplied by five in determining credit to be awarded for performancesof works in concert and symphony halls. Commencing with the survey yearOctober 1994 through September 1995, and in subsequent years, the license feesshall be multiplied by four. Commencing with the survey year October 1992through September 1993, and in subsequent years the Society shall reduce theproduct of the multiplication by the percentage of the Societys expenses ofoperation applied to domestic revenue. For performances in concert andsymphonyhalls, points shall be awarded as follows:

    POINTS AWARDMINUTESUP 6 11 16 21 31 46to to to to to to to5 10 15 20 30 45 60

    1 2 3 4 5 6 7

    A) ENTERTAINMENTMusic--i.e.Light or Standard Instrumentaland Choral MusicALL CATEGORIES

    B) SERIOUS MUSIC IN THE ORIGINAL FORMa. Works or 1 or 2 instrumentswith or without voice 2 4b. Works or 3 to 9 instrumentswith or without voice 3 6c. Works or small orchestrawith or without voice 4 9d. Works or full orchestrawith or without voice 8 18

    6 8 10 12 149 12 15 20 25

    18 24 30 40 5036 48 60 80 100

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    Weighting FormulaFor works in excess of 60 minutes, pro rata on the basis of the 60 minutepoints. For purposes of Category B) on the chart above, vocal parts shall bedeemed o be instruments. The percentage of credit for arrangements of works nthe public domainshall be determined in accordance with Paragraph (G).

    (G) Works Utilizing Public DomainMaterial(1) If a work contains public domain ext and original music, it may eceivefrom 50% o 100% f the otherwise applicable credit depending on the extent andtreatment of the public domain ext within the context of the entire work.(2) Except as hereinafter specifically provided, any arrangementof a work nthe public domainwhich s separately published or separately copyrighted in theUnited States shall receive 10% f the otherwise applicable credit.(3) If an arrangementof a work otherwise in the public domain s included ina copyrighted collection and does not qualify for the 10%credit under thepreceding paragraph t shall receive 2%of the otherwise applicable credit.(4) If a copyrighted arrangement of a work otherwise in the public domaincontains text, it shall be deemed vocal arrangementand may eceive up to 100%of the otherwise applicable credit, dependingon the extent to which t embodieschanges in the underlying composition as follows:

    (a) new lyrics, up to 50%(b) changes in the music, up to 50% n addition to any credit pursuant tosubparagraph 4(a).

    (5) If a copyrighted arrangementof a workotherwise in the public domain sprimarily an instrumental work, it may receive up to 100%of the otherwiseapplicable credit, depending upon he extent to which t embodieschanges in themusic as follows:(a) a transference from one mediumo another, up to 35%;(b) a development of a work which exhibits creative treatment andcontains original musicalcharacteristics and is identifiable as a set piece apartfrom the source material, up to 100%.

    (6) All weightings madepursuant to this paragraph shall be determinedby theSociety and may be reviewed by the Special Classification Committee or PublicDomainArrangementsat the request of the membern interest. ~(H) Limitation on Amounts Distributable Pursuant to Paragraph(F)

    Commencingwith survey year October 1995 through September 1996, andfor subsequent years, if the distributable amountpursuant to Paragraph (F) aboveshall exceed3.6%of the total quarterly domesticdistributions for that survey year,such distributable amountshall be reduced pro rata and limited to said 3.6%.

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    Weighting FormulaProcedureand Specific Situations in Application ofWeighting Formula Provisions

    The Board of Directors has considered in detail the procedure forimplementing the Weighting Formula provisions and the way in which they willbe applied to specific situations.1. Weighting Formula Provisions--ProcedureThe Society has for some ime been reviewing on a regular basis informationreceived concerning performances on network and local television programs. Thisreview is being conducted by meansof audio and visual examination of programs.The Society uses video tape recording equipment n connection with this review.Particular attention will be given to programswhich, considering the nature of

    the program, generate an unusually large number of performance credits. Suchprograms will be checked by listening and viewing, or both, and comparing heresults with the music information appearing on the program logs or cue sheetsreceived by the Society.2. Weighting Formula Provisions--Specific Situations as Guides inApplication of Formula

    The Survey and Distribution Committee has prepared, and the Board ofDirectors has approved, a series of illustrations of the way n which he formulaprovisions wouldbe applied to specific situations.

    A. The following are examples of performances other than as a theme, or ajingle, which would be credited as feature performances under the WeightingFormula:(1) A vocal or visual instrumental performanceof a composition which sannounced r to which he attention of the audience is otherwise specificallydirected by a participant on the program.(2) A performance as part of a song or dance act which constitutes theprincipal activity on the program t the time it is rendered.(3) A performance on an audience participation program where theactivity taking place is the identification by the participants on the program fthe composition being performed.(4) Announcednstrumentals at public spectacles such as football games.**NOTE:A visual instrumental performance at a football game by a band which wasactually viewedand heard by the television audience will be credited as a feature performanceso tong as the camerawas focused on the band deliberately that is unless the band was visiblefor only a fleeting momentwhile for example the camera was focused on someonewho justhappened to be passing by the band or while the camera was panning.

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    Weighting FormulaB. The following are examples of performances which would not be creditedas feature performances under the WeightingFormula:

    (1) A performance where the orchestra or instrumentalist appearsvisually for a brief period while a participant on a program, such as a quizgame,panel, audience participation or similar program, s passing by or whilethe camera is panning.

    (2) A vocal or visual instrumental performance to introduce oraccompany he following on quiz games, panel, audience participation orsimilar programs:(a) the description or presentation of prizes;(b) the appearanceor departure of participants; or(c) the changeof scene or subject.

    (3) Unannounced nstrumental performances during public spectaclessuch as football games. (Performances at football games other than thoseindicated to have occurred during halftime periods will be presumed to bebackground music.)*(4) A vocal or visual instrumental performance used as a bridge to orfrom a commercial nnouncement r in a similar manneras a connective link.(5) A vocal or visual instrumental performance used as a "play-on" or"play-off."(6) Non-visual instrumental performance as accompaniment o magiciansor clowns, or acrobatic or animal acts.(7) Hummingr whistling off camera in a television program hall not beregarded as a feature performance.(8) A performancewith a film clip, newsreel, or documentary f dancers,skaters, instrumentalists or singers is not credited as a feature performance

    unless the music heard by the viewer is the music written for or used in theoriginal presentation as the musicbeing danced o, skated to, played, or sungby the performers being shownon the television screen.(9) So-called "Mickey Mousing"shall not receive feature credit. Theterm "Mickey Mousing" refers to scoring on a film or similar program inwhich the music is very closely synchronized with movements, nimation, orother activity on the program. The term does not include an activity whichconstitutes a musicalsubject matter.*NOTE:visual instrumentalperformancet a football game y a bandwhichwasactuallyviewedndheard y he television udience ill be credited s a featureperformanceso longas the camera as ocused n he band eliberately--thats unless he bandwas isiblefor onlya fleeting momenthilefor examplehe camerawas ocused n someone ho usthappenedo be passing y the band r while he camera aspanning.

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    Weighting Formula(10) A performance n which the focus of audience attention is exercisemovementsas, for example, in an exercise program) or a representation ofexercise movementsas, for example, in a comic or dramatic scene) executedin time to music, whether referred to as "dancercise," "aerobic dancing," or

    otherwise.C. The following are examples of performances which will be consideredthemes under Paragraph (A) (1) of the Weighting Formula:(1) Anywork egularly used as an identifying signature of all or part of aprogramor a personality even though more than one work is so used.(2) Anywork regularly used on a program to identify all or part of aprogramor a segment thereof, or a personality, even though the work is notused on every program.(3) Any work regularly used on a program and which has either sub-stantially the same yrics or musicand which ntroduces, illustrates, or depictsa continuing story, subject matter, segment, or Set, or is itself a scene orsegment.

    D. The following is an exampleof feature performances which would receivereduced credit under Paragraph (B) (2) of the WeightingFormula:Three works with a running time of 5 minutes occupying one side of a 45 rpmor one cut of a 33-1/3 rpm ecord will share 2.67 use credits, that is 1/3 of the eight

    (8) maximumse credits per quarter hour, because the duration of the record orcut is 1/3 of the quarter hour.E. The following are examples of arranging materials which receive nocredit:

    Productionnumbersof the kind often seen in television musical or varietyprogramsand football halftime shows requently include arranging materials,such as introductions, tag endings, interludes, transitional material or segues,counter melodies or improvisations based on the chord structure of thecopyrighted principal work or works being featured. Such arranging materialswill not receive any performancecredit. (The only arrangements entitled tocredit are copyrighted arrangements of works in the public domain underParagraph (G) of the Weighting Formula.)F. Performances used at the opening and closing of made-for-TV movies,moviesoriginally made or theatrical release and "mini-series" will be credited asbackgroundunless they qualify for feature credit under Paragraph (A) (6) of theWeighting Formula.The foregoing illustrations are designed to serve as guides to the applicationof the WeightingFormulaprovisions. They are not, it must be emphasized,an all-inclusive listing of all possible situations, and they will be supplemented romtime to time as additional illustrations are felt to be appropriate.

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    Weighting Formula3. Weighting FormulaProvisions--TelevisionAll generic references to "television" in the WeightingFormula hall apply tonetwork, ocal, public and cable television.

    Examine Your Statements--They ArePresumed o Be Correct Unless ObjectionsAre Raised Within Nine Months.ASCAP ails annual statements to its publisher memberswith the firstpublisher distribution of the calendar year (currently in March), to its writermemberswith the second writer distribution of the calendar year (currently inMay), and three foreign statements annually to writer and publisher members

    (currently in April, August and December).Anyquestion about the crediting ofany performance on such statement, any objection to such crediting, or anyquestion about the omission of a work from such statement must be raised withinnine months of receipt of the statement or it will be presumed o be correct.ASCAP ill make any appropriate adjustments only as far back as the periodcovered by the statement, but no further.