MUSIC COPYRIGHT LAWS: Licences, Royalties, Resources and References.
History of Licenses, Streaming, Music Copyrights Clearance Organizations, Music Mechanical Rights Societies and Collection Agencies, Music Performing Rights Societies, The History of ASCAP and BMI.
This Page Has Three Parts
Resources - Licences - Royalties + Streaming Rates
REFERENCES AND RESOURCES
Are you a restaurant or a bar? Do you want to learn how to escape paying for the music you play. Learn how Australian Clubs Looking To Play Independent Music To Avoid Insane New Royalties.
Are you a Tribute Band?
Unregistered trademarks were not the same for purposes of the
truth-in-music law.
New Jersey Hit With Fees Over Truth-in-Music Law
New Jersey Deceptive Practices in Musical Performances statute,
N.J.S.A. 2A:32B-1 et seq. The law is aimed at impostor groups that
perform under a name they have no right to use. It creates a
separate offense subject to a $10,000 civil penalty for a first
offense, $20,000 for a repeat and treble damages, and makes a
violation illegal under the Consumer Fraud Act.Jon "Bowzer"
Bauman, a former member of the 1950s revival band Sha Na Na, heads
the Truth in Music Committee of the Vocal Group Hall of Fame,
based in Sharon, Pa., a proponent of truth-in-music laws across
the country. He says 33 states besides New Jersey have them and,
though his group did not agree that unregistered marks are less
valid than registered marks.
2010 Music Deals New Ruling against performing rights organizations like BMI.
- How to find out if it is in the Public Domain.
- Directory for public domain song titles Find the Public Domain Information or Music Tracks that You Need
-
Rate Calculator ASCAP Internet Licensing
American Society of Composers, Authors and Publishers - 2015 #MUSICIANS Learn what % of fractional shares to each copyrighted musical composition is 'controlled by ASCAP .'
- About CopyRight
- About CopyRight CopyLeft
- MLA Guide to Copyright for Music Librarians
- Copyright Clearance Center Inc.
- Library of Congress Copyright Office
- Copyright Royalty Board - fee increases for 2006 Internet radio broadcasters
- Standard Copyright License - U.S. Copyright Office
- Copyright's Commons Explains
- Creative Commons licenses - !! SoundCloud #creativecommonscreators have the freedom to choose how their work can be used, shared and re-used. There are six different licenses that provide users with different levels. Search for tracks released under CC licenses on SoundCloud .
- 7 Ways to Find Creative Commons Music
- U.S. Patent and Trademark Page (Patent,Trademark, Copyright office)
-
CCLI stands for Christian Copyright Licensing International
a group that has arrangements with the copyright owners of over 233,000 songs and hymns. Purchasing a church copyright license (CCL) with prices based on church membership gives the church license to do several things that *are not* included when you buy a piece of music. License fees are prorated and distributed back to the copyright owners based on periodic questionaires. - Church Video License by CVLI | The legal coverage you need for church movie activities
- Security for digital art
- Music Reference Links
- ABOUT DeCSS and DVD's
The Permission Seeker's Guide Through the Legal Jungle: Clearing Copyrights, Trademarks and Other Rights for Entertainment and Media Productions by Joy Butler query@JOYBUTLER.COM
History of Licenses
In 1914, the performing rights society ASCAP (American Society of Composers, Authors and Publishers) was founded by Irving Berlin, Victor Herbert and John Phillip Sousa, among others, in order to facilitate the collection of royalties, mostly from sheet music in those days, but later encompassing recordings and performances of all types.
The first time a song is recorded and released the mechanical license is negotiated between the artist (or label) and the copyright owner. Cover recordings of the song (after the first release) require a compulsary license which most publishers have managed by the Fox agency. Sychronization licenses are for use in Television and film. Synchronization rights are the rights to synchronize your music with film or video. They are different from performance rights (playing the song over the air or in public) and mechanicals (sale of music in a fixed medium). A production company has to buy a synch license from you if they want to use your song in a TV show, and then a PRO (ASCAP, BMI, etc.) collects performance royalties and pays you for the broadcast when it happens.
Sychronization licenses
are negotiated between the copyright owner and the production
company for the film/video.
The negotiated topics include: the license fee; the number of
master films that will be made for distribution to movie theaters;
Re-use fees (film released to theaters and later released as a
video-DVD and/or broadcast of film on television); international
rights (sychroniztion rights vary Country to Country - agreement
is made to collect fees if appropriate for additional film masters
mastered to international rather than USA standards).
All of the above is for sychronization of music; sound design
(effects) - specifically all audio that is not voice, which is
licensed with the actors. Also keep in mind that sychronization
licenses are applied to not only film and video - but also to any
recorded visual that includes music/sound/design - video games;
powerpoint presentations etc.
Licensing of a song is where income is generated. If you are
interested in additional information read "THE ART OF LICENSING
MUSIC" by Al Kohn and Bob Kohn - published by Prentice Hall Law
& Business - nearly 1000 pages of information about music
licensing.
There is no compulsory synchronization license
, unlike the statutory mechanical license that lets you force the
publisher to allow you to record an audio cover of a song and
which sets the rate for that audio cover. All synchronization
licenses have to be negotiated individually.
Thus, technically speaking, Alanis would need to get a
synchronization license to make the video, and would have had to
have negotiated with the publisher of the song for that. If you
didn't do that, you'd be infringing on the copyright. (Whether or
not the publisher would take any action is another thing, of
course.) And it is at least conceivable that a publisher might
refuse permission for a synchronization license that highlights
how vacuous their song is or alternately might request an
exhorbitant synch license fee.
Ringtones not considered performances
A Southern District of New York federal court ruled that ringtones
don't constitute performances and so are exempt from separate
royalties. The decision by Judge Denise Cote rejects beliefs by
royalty group ASCAP that the carrier is responsible for royalties
for any ringtone played in public and grants the complainant
Verizon a summary judgment that the only valid royalty is the
original for the music file itself.
Licensing
Every songwriter should have a solid understanding of basic
licensing
.
Publishers sign songs based on not only the strength of song and
its possibilities of being recorded by a major artist, but also on
the potential of the song being licensed for any (and all) of the
many licensing possibilities. A songwriter who does not understand
the possibilities or who voices strong (and wrong) opinions about
licensing has a very good chance of losing a publishing deal.
Publishers, today, just don't have to work with poorly informed or
prepared songwriters - it is just too much trouble. You must
realize, that there are about 400 -500 really good songs for each
single opportunity for a publishing contract. The competition is
very real and for the unknown and unsigned songwriter your
competition includes the people who wrote last week's hits and who
are working on songs they hope to pitch for their next hit. You
cannot hope for a publisher to give you a publishing contract
unless you can convince them that you not only write great songs,
but you also have a good grasp of how the business works. New
songwriters break through and make it into the "big leagues" every
year - it is possible if you are prepared with several really good
songs and a solid understanding of the music business.
2015 Happy Birthday NOW LEAGAL TO SING AND PLAY ANYWHERE ON EARTH. Licensed by ASCAP NOT VALID.
MUSIC COPYRIGHT LAWS: Royalties
ROYALITIES - EVERYBODY CAN SING THE HAPPY BIRTHDAY SONG WHENEVER
AND WHEREVER YOU WANT FOR FREE !!
AN URGENT MESSAGE TO RECORDING ARTISTS - SoundExchange OWES YOU MONEY ( RMLC RADIO GOES TO THE WEB )
CHECK
PLAYS
search engine to find out if
SOUNDEXCHANGE OWES YOU MONEY.
Soundexchange is the entity that collects and distributes
broadcast royalties from digital distribution of music. This
includes
streaming Internet broadcasts (not downloads)
and satellite radio services. These royalties have been payable
since February 1, 1996. If your music has been played on the
Internet since that date, you are entitled to a share of the
royalties.
On December 15, 2006, any royalties that are unclaimed for
performances up through March 31, 2000 WILL BE FORFEITED.
If you, as an individual or as a member of a recording group, are
not registered with SoundExchange by December 15, 2006, you will
lose all rights to your royalties earned before March 31, 2000.
There are thousands of identified artists who will lose these
royalties unless they act before the deadline. SoundExchange has
listed these "unfound" artists on their website. AND THEN THIS IS
BACKED UP BY A MUSIC INDUSTRY INSIDER = October 1, 2006
ASCAP, BMI, SESAC
and Free Music. While the old Napster involved lots of kids and
students getting music without compensation paid to the writers
and publishers, it's quite a different situation when highly
profitable companies such as television networks and radio
stations are allowed to use huge amounts music legally and the
writers and publishers of this music receive no share of
performance license fees paid for these usages. How could this
happen in this day of computerization and digital delivery? It
happens every day, and it's happening right now on hundreds of
television and radio stations.
Catherine Heart
I've called BMI repeatedly and have been told that
their monitoring reporting system works as follows.
They select a certain number of stations in "key" markets and
monitor those playlists on a certain number of days each quarter.
They pay royalties to the artists who show up in those playlists.
So whomever is getting airplay in the "key" markets when BMI does
their monitoring gets the royalties divided proportionally among
them. When I offered to send copies of radio station playlists
and/or logs as proof of airplay, I was told it wouldn't do any
good if the airplay didn't show up in their (BMI's) monitoring
reports. Now, I'll admit that I got disgusted enough when I heard
this for about the third time that I haven't called BMI for a
couple of years now. Maybe the situation has changed drastically
since then, but I doubt it since I know we've gotten radio airplay
but still no royalties from BMI. Heart Consort Music
heartconsortmusic.com
STREAMING / COPYRIGHT ROYALTY BOARD
2014
Apple reportedly will pay out 0.13 cent in the first year each time a song is played and 0.14 cent in the second year, while Pandora reportedly pays out 0.12 cent. That is, payments per song play are in the hundredths of a penny.
Streaming Price Index Compares Per Stream Pay Rates
2015
A small federal board raised the rates that Pandora and similar services pay to license music for many customers Wednesday, potentially increasing costs for the music streaming service but still falling short of the rate suggested by the music industry.
SUBCHAPTER E 2015 -- RATES AND TERMS FOR STATUTORY LICENSES Making payment of royalty fees
The
three-judge Copyright Royalty Board
, which is part of the Library of Congress, said that next year,
non-subscription webcasting services like Pandora's free option
will pay 17 cents in fees for every 100 songs it plays.
The rate is an increase from the 14 cents per 100 songs that the
company currently pays for non-subscriber streams. SEE
Pandora had asked the board to lower the rate to 11 cents per
100 plays for non-subscribers. But the new rate is lower than
the 25 cents per 100 plays requested by SoundExchange, the group
representing the music industry. The board also ruled that
Pandora and other services pay 22 cents per 100 songs played for
users who buy into their subscription services, a decrease from
the current rate.
The vast majority of listeners use the service's free tier that
will be subject to the increased rate, according to the company,
rather than the ad-free subscription service.
The rates for the four years following 2016 are subject to
change based on shifts in the Consumer Price Index.
The reasoning of the three judges who determined the rates is not
yet public.
Both Pandora and SoundExchange can appeal the ruling
.
Pandora had a lot riding on the proceeding. The company has
struggled to turn a profit, and more than a third of its revenue
is spent on licensing fees. It is facing competition from Spotify
and other streaming services that allow their users to choose what
they want to play at any moment. Pandora, on the other hand,
generates “stations” that are filled with songs the service
predicts the user will like.
Services like Spotify negotiate directly with record labels to
determine the licensing fees they pay for streaming.
It remains to be seen whether the rates set by the board will
influence negotiations between on-demand streaming services.
Pandora recently bought struggling service Rdio in what is seen as
a play into Spotify's territory. It also recently bought
TicketFly, which it says will make it easier to connect listeners
with live performances of their favorite bands.
SoundExchange on Wednesday night signaled it was displeased with
the rates. "We believe the rates set by the CRB do not reflect a
market price for music and will erode the value of music in our
economy," the group said in a statement. "We will review the
decision closely and consider all of our options." The last time
the board set rates for webcasters, Pandora said they were too
high for them to pay as a small service, and rallied its customer
base to protest the decision.
Congress ultimately stepped in and pushed for a settlement that
would provide smaller webcasters with a lower rate.
Services that were not a part of the settlement will see their
rate for non-subscribers fall as a result of the board's decision.
SEE FROM 2016 - 2020 https://archive.is/9IpfJ
How BMI pays
it's royalties
-
SPOTIFY
BMI does not collect for owners of recordings ; they only collect for owners of publishing copyrights and songwriters. Clearing up confusion 2013
" The big labels did secret deals with Spotify and the like in return for favourable royalty rates .
The model massively favours the larger companies with big catalogues.They need new the new artists to be on the system to guarantee new subscribers and lock down the "new landscape".
"This is how they figure they'll make money in the future. But the model pays pittance to the new artist right now - an inconvenient fact which will keep coming up. - BMI U.S. Radio Royalties U.S. Radio Feature Performances
- Internet Music & Mobile Entertainment
-
How One Independent Musician Defeated BMI
The unfortunate truth is that anything can be copyrighted, at least for a time. Unlike the United States Patent Office, there is no one in the Copyright Office to verify the originality of the work to be copyrighted. However, I know of at least one federal case in which the court ruled that if the antiquity of a song can be proven, the copyright fails.
John and Alan Lomax , who also devoted themselves to collecting and preserving traditional folk music, took the controversial step of copyrighting in their own names the songs they collected, as if they had written the songs themselves. They even copyrighted original songs collected from other singers, such as Leadbellyís "Good Night Irene." This prompted Leadbelly to add a verse to " De Ballad of De Boll Weevil" : "If anybody axes you who it was dat wrote dis song, / Tell ëem it was a black-skinned nigger wid a pair oí blue duckinís on. / If anybody axes you who it was dat copyrighted dis song, / Tell em Alan Lomax and his goddamned father John." Peter, Paul and Mary claim authorship, not merely the arrangement, of at least ten traditional folk songs on their first three albums alone. In most cases they have changed the titles, and in some cases they have rearranged the lyrics. In all cases I have seen older versions of the same songs in print. I, too, have taken liberties with traditional folk songs. On one of my recordings, "Foote Loose," there are four renditions in which I combined lyrics from two or more versions of the same folk song. But I do not claim authorship of these songs. I have copyrighted the arrangement and performance only. Anyone who wants to sing these words has my blessing. I have encountered restaurant and coffeehouse owners who will not allow traditional music to be performed on their stages, for fear that some ASCAP or BMI writer or publisher has copyrighted an arrangement of the song, or even the song itself. These fears are not unfounded, and the oral tradition, by which these songs have been transmitted from generation to generation, is thereby stifled. I have carefully preserved over the years photocopies of nearly every traditional song in my repertoire, in order to prove their antiquity. Suddenly, BMI was forcing me to do just that.
How Spotify Pays Royalties
Streaming License
Learn How to "use" a specific recording of a specific song
.
Obtaining licenses for popular music can be expensive and
administratively frustrating so
stock music
is a viable option for those without large music licensing
budgets. If you want to stream the recording, you would require a
license in the recording as well as a license in the underlying
song. The copyright owners for the song (usually the songwriter or
her music publisher) and sound recording (usually the record
label) are typically not the same.
Streaming a song on the internet requires a public performance
license
from one of the performing rights or-ganizations (PROs) for songs
or directly from the copyright owner. In the United States, there
are three PROs for songs. They are ASCAP, BMI, and SESAC.
Most producers that stream music on the net obtain a blanket
license from one or more of the PROs. The blanket license covers
all the songs in the catalog of the PRO that issued the license.
The fee for the blanket license usually depends on the internet
site's estimated gross revenue for uses related to music. Your may
not need the blanket license if it plans to use only one song.
Streaming a sound recording on the internet requires a license
for a public performance by digital audio transmission
.
There is a statutory license available through SoundExchange for
websites that offer music on a non-interactive basis. In essence,
non-interactive status requires that listeners are not able to
choose the sound recordings played. A statutory license means that
the license fee and other terms are set by law. As long as
webcasters and internet radio stations comply with the provisions
of the statutory license, they do not need the express permission
of the sound recording copyright owner. In contrast, website
owners whose use of music does not qualify as non-interactive must
negotiate a license directly with the record label. This would be
entirely different if the use was downloading in an advertising
context.
Music Copyrights Clearance Organizations
- Get A License to Make & Distribute a Recording The Harry Fox Agency, Inc. (U.S.) The Harry Fox Agency collects mechanical and sychronization rights fees for copyright owners for compulsary mechanical licenses. " Mechanical" royalties are collected by Harry Fox for content distributed on physical media (records, tapes, CDs and computer chips). " Public Performance" royalties are collected by ASCAP, BMI, SESAC (etc.)
- Pump Audio agent for independent musicians, digitally connecting them with buyers in the mainstream media.Artists can license their music into productions without giving up any ownership, while TV and advertising producers can discover new music ready for use.
- ASCAP'S NEW MEDIA & INTERNET LICENSES
- EMG Music Clearance (U.S.)
- The Parker Music Group (U.S.)
- Signature Sound, Inc. (U.S.)
- Sound Exchange
Music Rights Clearance Organizations
-
LoudCity
for small webcasters
became
StreamLicensing.com
U.S. ASCAP, BMI, SESAC & SoundExchange Internet Radio Stream Licensing Members can legally webcast through LoudCity's licenses. Royalty micro payments based on music usage and web stats. Webcasters are not required to fill out any paperwork with ASCAP, BMI, SoundExchange, SESAC or the US Copyright Office. Webcasters are not required to keep music usage logs. - Brand Name Owners Directory
Unions
McCutcheon presides over the 400-member Local 1000 of the American Federation of Musicians (AFM) AFL-CIO. Most AFM members play for big orchestras and enjoy regular paychecks, but Local 1000 is the traveling musicians' union, whose members work primarily in folk and other acoustic genres, in coffeehouses and other small venues where passing the hat is all too common. Local 1000 set a wage scale for clubs, house concerts, festivals and so forth; it also has a pension plan, a rarity for this kind of a union.
Music Mechanical Rights Societies and Collection Agencies
- History of Mechanical Rights - When phonographs and player pianos burst onto the scene at the turn of the century, they touched off a firestorm of debate over their proper place under copyright law / Copyright Act of 1909
-
The American Federation of Musicians
of the United States and Canada With over 250 local unions throughout the United States and Canada, we are the largest union in the world representing the interests of the professional musician. - From the Player Piano to 2007 CD celebrates 25th anniversary
Music- Performing Rights Societies
- International Federation of the Phonographic Industry
- ASCAP (U.S.) - Definititions of Licensees
- BMI (U.S.)
- SESAC (U.S.) designed to represent songwriters and publishers and their right to be compensated for having their music performed in public.
- APRA (Australia/New Zealand)
- SABAM (Belgium)
- SOCAN (Canada)
- KODA (Denmark)
- STEF (Iceland)
- IMRO (Ireland)
- TEOSTO (Finland)
- GEMA (Germany)
- JASRAC (Japan)
- TONO (Norway)
- SGAE (Spain)
- SUISA (Switzerland)
- COTT (Trinidad & Tobago)
- PRS (U.K.)
- Int'l Orgs
ASCAP and BMI
The History of ASCAP and BMI
Like other 20th century empires that started to believe their own
press clippings about power and influence, the American Society of
Composers, Authors and Publishers (ASCAP) eventually hit the
banana peel. This peel was called Broadcast Music Inc., or BMI.
The war between well-established ASCAP and upstart BMI was waged
between 1938 and 1942, and winners included the radio industry
and, for a change, the listening public, which ended up with a
wider range of popular songs.
ASCAP had been formed in 1914 as a private organization that would
license the public performance of music wherever it was heard: on
theater stages, on Broadway, in restaurants, at the movies, at
social clubs and, in the years still to come, on radio.
Before ASCAP, songwriters profited only when a price had been
charged specifically for their work, as with sheet music or
recordings. Owners of restaurants did not pay, for instance,
because they argued that patrons were paying for the food, not the
music.
But in 1917, Supreme Court Justice Oliver Wendell Holmes ruled
that all uses of copyrighted work, even those for which a specific
fee was not charged, required compensation.
So ASCAP became, in a sense, a collection agency for creators who
did not have the time or resources to monitor thousands of outlets
themselves. It would charge users a blanket fee, usually based on
some percentage of their income, and then split it up among
ASCAP's members.
But even though ASCAP's mission was legal, it took more than a
decade to whip everyone into line, from hotel and restaurant
owners to theater operators.
Radio finally signed up, too, though not happily. As recorded
music gradually became the backbone of radio programming, ASCAP
payments turned into an ever-growing expense - though in the
bigger picture, still a modest one. In 1939, the dominant NBC
network earned a $45.2 million profit on ad sales of $165 million.
ASCAP's total charge to all of radio, NBC included, was $4.3
million. But that wasn't radio's only concern about ASCAP.
First, by the 1930s the major movie studios had bought up many
music publishing houses, to ensure themselves a steady flow of
music for films. As radio saw it, this tilted ASCAP policies
toward Hollywood rather than radio.
Second, ASCAP had become virtually the only game in town for
popular music - a fact that not only gave it muscle in dealing
with licensees but enabled it to tightly control which writers
could get into the lucrative ASCAP game.
By the late 1930s, ASCAP had only about 1,100 members, thanks
largely to admission rules that required a writer to have five hit
songs. Moreover, " hit" did not mean jazz, blues or country songs.
It meant mainstream popular music in the vein of Irving Berlin -
songs good for movies. Gene Autry, for example, could not get into
ASCAP for years. Neither could Jelly Roll Morton - or hundreds of
other writers. Still, this non-ASCAP brand of music built a
growing audience - well under the ASCAP radar. Meanwhile, word was
starting to spread that when the current ASCAP licenses expired on
Dec. 31, 1940, ASCAP would be doubling its fees.
In the fall of 1939, then, radio executives met in Chicago to
consider forming a rival performing-rights organization that would
build up its own reservoir of music and thus could afford not to
license ASCAP songs at all. A young copyright attorney named
Sydney Kaye drew up an ambitious plan for this rival body. ASCAP
laughed. On Oct. 14, 1939, Broadcast Music Inc. filed a charter.
On Feb. 15, 1940, it opened offices in New York. ASCAP still
laughed. In March 1940 it announced its new license deals would
indeed approximately double all fees.To which BMI replied that its
own fees would be half of ASCAP's 1937 rates. By the end of 1940,
650 broadcasters, or about three quarters of the stations in the
country plus all the major networks, had signed up with BMI.
BMI also coaxed two major publishers to jump over from ASCAP:
Edward B. Marks, which owned a huge reservoir of popular songs,
and Ralph Peer's Southern Music, whose large catalog included many
Latin music copyrights. This support, plus the enthusiastic
participation of all those composers ASCAP didn't want, put BMI's
plane in gear. What got it off the ground, though, was the public.
Because most of radio hadn't renewed its ASCAP license, ASCAP
music largely disappeared from the air as of Jan. 1, 1941. ASCAP
figured the public would howl in protest. It barely shrugged.
After almost a year when BMI music dominated the land, ASCAP
offered new radio licenses, at rates below previous levels.
ASCAP did, however, maintain its standards for membership, trying
to hold what it saw as the musical high ground while not very
subtly trying to portray BMI as the home of crass vulgarity. This
may have been an impressive display of cultural principle. But in
the practical matter of controlling the music licensing business,
it was a serious tactical error. After World War II, ASCAP
composers found much of their music going into a slow commercial
fade, while upstarts like country and rhythm and blues, created by
BMI writers like Hank Williams and Otis Blackwell, were taking
off.
Then along came rock 'n' roll - ridiculed at first by ASCAP,
hugged warmly by BMI. A half-century later, ASCAP and BMI are
dividing, more or less evenly, about $1.3 billion a year.
Podcasting Licensing Agreement
ASCAP Podcasting News is reporting that ASCAP (one of the big licensing companies that radio stations need to pay to play music over the airwaves) has posted two new types of licenses for the Internets. One of them, "NON-INTERACTIVE 5.0," specifically mentions "pod-casts." (Cost: $288/yr.)ASCAP & BMI -- Protectors of Artists or Shadowy Thieves? By Harvey Reid - How the system works & problems.
HOW ONE INDEPENDENT MUSICIAN DEFEATED BMI © 2003 by Richard Hayes Phillips richardhayesphillips @ yahoo http://www.northnet.org/minstrel
Harry Fox Agency New Media Registration Form
and
Application
for full, permanent downloads of music
For audio-only, full, permanent downloads, a licensee should sign
HFA's "Digital Phonorecord Delivery"
agreement that will be provided by HFA. This agreement will
outline the terms & conditions of the license. DPDs are then
licensed, and a licensee would pay the statutory rate or "stat"
for each time a song is downloaded.
2007 Ringtones
ASCAP, BMI, SESAC PROBLEMS
Once again, I did not receive any royalties because nothing showed
up in the $%^#^&$ ASCAP survey. This is despite the fact that
my stuff was played on at least 2 netradio stations licensing
through ASCAP.In other words, ASCAP was paid royalties for my
stuff but allocated IT to others through their survey. This is
primarily why I decided to switch to SESAC. Both BMI and ASCAP are
using ancient methods that in this day and age are outdated. Oh
they claim to be working on a new system. But I don't know if I
believe it. SESAC is using several new technologies in conjunction
with "old" standards and are quickly working on switching to a
more accurate method using Audible Magic, and ISRC stuff to track
all plays everywhere. That makes me feel more comfortable than
relying on a survey.
Advice about securing permission to avoid copywrite violations.
Last.fm pays streaming royalties to collection societies (such as
Soundexchange in the US) and independent aggregators such as IODA
and The Orchard (with others to follow). They then provide payment
to artists and labels who have earned royalties from having their
music streamed.
In our T&Cs we refer to a "royalty-free license" you grant to
us when you upload your music. This means that we cannot pay
labels or artists directly, as it would be an administrative
nightmare - it does NOT mean that you waive your rights to
royalties when you make your music available to our users. Payment
will be provided via collection agencies and aggregators.
We advise any labels or artists that have yet to do so, to join a
collection agency or indie aggregator such as CD Baby or Tunecore
that might be able to collect streaming royalties from webcasters
on your behalf. The money you earn from your music being streamed
on the internet will then be paid out to you by that agency or
company.
Some of you might have read in the press how we have recently
entered licensing agreements with major labels. This does not mean
that we will play them more often or that only those companies
will get paid for getting their music played on Last.fm. We have
entered the same agreements with IODA and The Orchard who are
representing a fantastic catalogue of independent labels.
Clear Channel Drops Independent Digital Rights Waiver 2007
Independent and unsigned artists are no longer required to waive
digitalrights to gain airplay on Clear Channel Radio affiliates,
thanks to a quiet move by the company. As part of a payola-related
settlement, Clear Channel and a number of other US-based
conglomerates agreed to allocate portions of airplay time for
traditionally underrepresented talent. But Clear Channel was soon
targeted for asking interesting artists to forgo their online
royalties, particularly as they related to online station
simulcasts and on-demand offerings.
The requirement drew protest from groups like the DC-based
Future of Music Coalition, an organization that recently filed a
formal complaint with the FCC
.
Elsewhere, Senator Russ Feingold raised the issue within a pointed
and demanding letter, part of a post-settlement inquiry. But the
deal terms have now been altered, effectively pushing the issue
off the table. "In the instance when Clear Channel makes the
decision to use the content for terrestrial broadcasting and, as a
result, for simultaneous transmission through online streaming ...
Clear Channel shall be subject to and pay for all applicable
current and future statutory royalties as well as public
performance royalties," a portion of the revised contract reads.
The development comes alongside a contentious and prickly battle
between SoundExchange and webcasters in the United States.
A copy of the revised contract.
House panel OKs digital licensing bill June 8, 2006
A U.S. House of Representatives panel on Thursday approved a digital copyright bill that critics say could imperil home-use copying of music and video recording devices like TiVo. The Section 115 Reform Act, or SIRA , introduced by Texas Republican Lamar Smith, attempts to overhaul a piece of copyright law that established a complex system of " mechanical royalties " for record companies, recording artists, songwriters and publishers in exchange for the right to reproduce and distribute their music. There's a general consensus among politicians, the U.S. Copyright Office and the music industry that the law, first written in the era of piano music rolls , is in need of updates for a digital era. Right now, companies wishing to sell music have to negotiate separate licenses for each song's recording. SIRA proposes establishing a "blanket licensing" system in which those entities would apply for and receive licenses through a one-stop shop. Established by the Copyright Office, that body would act as a representative for music publishing companies with the greatest share of the market . Supporters of the bill argue that such an approach would make it easier for online music services to secure speedier approval for vast libraries of music, opening up the possibility for new marketentrants, greater selection and lower prices.
Victor Talking Machine Company
.
New Victor Records : A Special List of Wagnerian Masterpieces,
The Rhinegold, The Valkyrie, Siegfried, The Twilight of the Gods
. Camden, N.J.: The Company, 1924. The company, which later became
RCA Victor and RCA, offered dozens of record catalogs of popular
and classical music. This catalog includes plot synopses and
discussion of various musical motifs, clearly for the educated
listener.