In 1959 James Carter, a sharecropper turned petty criminal was serving time on a Mississippi prison work crew for parole violation, was recorded leading the work crew in singing the work song Po Lazarus. He got out of prison, went straight, worked at a bunch of jobs over the years, finally retiring in modest comfort, and totally forgot ever having recorded the work song for 43 years. That’s when two men who had spent a lot of time tracking down his identity and whereabouts came to his house to present him with a $20,000 royalty check. Eventually he earned several times that and travelled the country promoting the CD. (The day he got his money he was told that his CD was outselling Mariah Carey and Michael Jackson and quipped `You tell Michael that I’ll slow down so that he can catch up with me.’ )
Anyway, I thought that was a cool story, but I’ve wondered: how is it figured how much each artist gets for one of their songs on a soundtrack? For example, with O Brother, the most popular song by far was probably the Man of Constant Sorrow, so would those singers get more money than Carter or the same? On the Moulin Rouge soundtrack the Elephant Love Song Medley alone samples from well over a dozen songs- how in the world is it decided how the royalties are divided among Paul McCartney, Dolly Parton, Elton John, etc., for the borrowing of their lines? And in the case of James Carter, it’s clear he didn’t give consent for the use of his recording since nobody even knew who or where he was, so there’s no way that the fees could be negotiated with him as they would with Paul McCartney who employs an army of song copyright experts to protect his own recordings and the vast catalog he’s purchased.
Anybody have a clue?