Podcast

How Daniel Cruz Hernandez Recovered $8M in Royalties

Learn how entertainment lawyer Daniel Cruz Hernandez recovered $8M in royalties for producers, and how to collect the master and publishing money you are owed.
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About Daniel Cruz Hernandez

Daniel Cruz Hernandez is an entertainment lawyer from New York and the founder of Producer Royalty and the Royalty Law Firm. He has built his career around recovering over $8 million in advances and royalties for producers, and his team has worked with more than 300 producers in the last two and a half years. Through Royalty Masters, the administration arm of Producer Royalty, he also handles master royalty collection for producers with catalogs reaching hundreds of millions of streams.

In this episode of Producer Talk, we delve into the dynamic world of music law with Daniel Cruz Hernandez. He shares his journey from aspiring artist manager to legal expert, and explains what producers need to know to actually get paid for their placements.

From Philosophy to Law

Daniel's path to becoming a music lawyer is unique. Growing up in New York, he initially managed friends in the hip-hop scene. However, as many of them stepped away from music, he found his calling in entertainment law. "I discovered entertainment law and I was all in from that point forward," he reflects. His passion for philosophy also played a role, as he realized that his analytical skills could translate well into legal practice.

Learning Under Small Law Firms

During law school, Daniel interned at around five small music law practices. He believes the best move for a young person entering an industry is to work for a small company, where you learn how a business is actually run. At one of those firms, almost all of his work was with producers, chasing the money they were owed.

The Birth of Producer Royalty

While still in law school, Daniel identified a gap in the market for legal services tailored specifically for producers. He explains, "There was nobody necessarily starting a practice that was specifically focused on producers." Inspired by insights from the book The Game Changing Attorney, he focused on becoming a specialist in the field, which led to the founding of Producer Royalty.

The Light Bulb Moment

The idea came from his boss at the time, who pointed out that payment chasing wasn't even legal work: Daniel could build a company focused entirely on collecting producers' money. Daniel first considered calling it "Songwriter Royalties" to reach a wider audience, but chose to niche down and speak directly to people who identify as producers.

Chasing Money: The Reality for Producers

One of the key topics discussed is the often complicated process of "chasing money" in the music industry. Many producers find themselves entangled in the bureaucracy of labels, often missing out on rightful payments simply because they are unaware of the necessary steps. Daniel elaborates, "You have to send them an invoice and you have to go through the whole label vendor registration system, which is not as simple as sending an invoice." He emphasizes that having a specialist on your side can make a significant difference in navigating these challenges.

Labels Aren't the Villains

Daniel used to think labels were out to keep money away from producers. Today he sees it differently: label admins are overworked and underpaid, their inboxes are flooded with requests from across the industry, and they have little incentive to chase you down. Unless you are top of mind for them, your payment can simply slip through the cracks.

Master Royalties vs. Publishing Royalties

When you land a placement, you are agreeing to three things: your advance, your master royalty and your publishing. Each is collected differently.

The Publishing Side

Roughly 20% of streaming income flows to the publishing side. Performance royalties are collected by PROs like BMI and ASCAP, which share royalties with societies around the world. Mechanical royalties work differently: in the United States they are collected by the Mechanical Licensing Collective, which doesn't have the same reciprocal agreements. If you have a publisher, they handle most of this, but you should still understand it, because publishers make mistakes, especially with smaller writers on their roster.

The Master Side

Master royalties are usually a smaller percentage, often 1% to 3%, and only kick in once a song recoups, which typically takes hundreds of millions of streams. Unclaimed master royalties don't disappear into a black box: they either keep flowing to the artist or sit on the label's books. Once the royalty account is set up, a producer can in theory collect all the way back to the song's release.

The SoundExchange Problem

SoundExchange collects master royalties from digital radio like Pandora and SiriusXM, but the system was built to pay artists, not producers. To get paid, a producer needs the artist to sign a SoundExchange letter of direction, and a large part of Daniel's work is simply chasing those signatures.

The Importance of Specialization

Daniel advocates for the importance of working with specialists in the legal field. "You want to work with somebody who's a specialist and understands your situation," he says, likening it to seeking a heart doctor when you have a heart issue. This focus on specialization is what drives his practice at the Royalty Law Firm and Producer Royalty.

How to Track the Royalties You're Owed

Daniel's first piece of advice for producers with placements is to build one centralized database. Put every song you've worked on in a single spreadsheet, along with your percentages on each. Then list every revenue stream (advance, master royalties, performance royalties, mechanical royalties) and check who collects each one and whether the money is actually reaching you.

Key Takeaways for Aspiring Producers

  • Learn the Business Side: Understanding contracts and royalty flows is what turns placements into income.
  • Negotiate Both Copyrights: Ask for a percentage of the publishing and a percentage of the master, not just "50% of the song."
  • Send the Invoice: Advances aren't paid automatically; you have to invoice the label and complete its vendor registration.
  • Track Every Song: Keep a central list of your songs, splits and revenue streams to spot missing payments.
  • Work With Specialists: Choose advisors who focus on producers and understand your situation.

Conclusion

Daniel Cruz Hernandez's journey is a testament to the importance of finding your niche and the value of specialized knowledge in the music industry. For producers navigating the complexities of contracts and payments, having a dedicated advocate can be the key to unlocking their earnings.

Frequently Asked Questions

Why haven't I been paid my advance for a placement?

Often because the label never received an invoice. Producers have to send an invoice and go through the label's vendor registration process before an advance can be paid.

What happens to master royalties that producers never collect?

They don't disappear. The money either keeps flowing to the artist or sits on the label's books as owed to someone. Once the royalty account is properly set up, a producer can in theory collect all the way back to the song's release.

How do producers collect SoundExchange royalties?

The artist has to sign a SoundExchange letter of direction that redirects the producer's share of the money. Without it, all SoundExchange royalties go to the artist.

What's the first step to check if I'm getting all my royalties?

Put every song you have on one spreadsheet with your percentages, then list each revenue stream and verify who collects it and whether it's actually being paid to you.

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