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May 13 2009

Performance Rights Act – my two cents on HR 848

The Performance Rights Act is up for a vote this week. Speaking as a performer, the premise of this Act is long overdue, that performers deserve to be paid for their work  every time their performance is played on air by terrestrial radio. But from what I’ve seen and heard, I have questions that the execution suggested in this act could be flawed.

The National Association of Broadcasters (NAB) is the main proponent against the passage of this Act. I’ve seen articles calling this a ‘performance tax’ implying (and I think I’m being generous here by saying implying) that the money goes to the government, to the argument that it’s free advertisement for the performer. I’m just going to draw a straight comparison to broadcast television. Any performer on television, be it in a commercial, movie or television show, gets paid whenever their performance is broadcast, no matter how much they got paid for the initial performance. It’s called a residual and for that matter, voiceover artists that do commercials on radio get residuals as well. I wonder what SAG or AFTRA would have to say if broadcast TV tried to not pay residuals saying it was free advertising for the performers.

That’s just one part… the next part is the breakdown of payout. Based on the segment of episode 096 of With A Voice Like This at the 06:44 minute mark the payout would be 50% for the master owner (read record label) and 50% split between main performer and session musicians (45% for the main performer and 5% split between the session musicians was quoted in the show). Well, no wonder the RIAA backs this ACT, their cut is 1% shy of controlling interest payout. Not all Master owners are major labels, Alice Peacock is an independent artist and her own record label, so it benefits different people in different ways, but the question then becomes what’s the percentage of indie labels vs. major labels played on terrestrial radio. It does beg the question of what’s fair for the performers. Are performers a disparate group like a child first learning about money and just as likely to take four nickels instead of two quarters because four is more than two? Because afterall, something is better than nothing at all.

Come to think of it, who does handle the royalty payouts? Wouldn’t it seem a natural fit for pre-existing Performance Rights Organizations (PROs) like ASCAP and BMI to expand their current charter and duties to handle that? Maybe, but instead a new single entity, Sound Exchange was created for Digital Royalties, including all performance royalties under this Act. At the 25:59 minute mark of episode 096, Sound Exchange seems to be doing a great job of finding that information and tracking down performers, but unlike ASCAP and BMI and even SESAC, Sound Exchange collects all Digital Royalties regardless of whether or not a performer is registered with or a member of Sound Exchange. In episode 048 with Samantha Murphy at the 08:05 minute mark, Sound Exchange has some strong ties to the RIAA, but despite that, there’s the question of what happens to the collected royalties that aren’t paid out, because the performer isn’t registered or a member of Sound exchange, deceased performers where no heirs can be identified or performers from countries that don’t have reciprocal agreements with Sound Exchange? Does that money just revert back to Sound Exchange and is that the best that can be done? If it’s collected without registration or membership, why isn’t it paid out under the same conditions?

With Technology so far ahead of an dated protection mechanism like the current copyright laws that are so desparately in need of an overhaul, is saying HR 848 is not perfect, but better than it is now enough or should we expect more?  I don’t know, what do you think?
 

Written by With A Voice Like This · Categorized: Monetizing, Philosophy · Tagged: act, ASCAP, BMI, broadcast, exchange.pro, hr 848, NAB, performance, PRO, radio, rights, sound, terrestrial

May 07 2009

097 – Performance Rights Act Part 2

Recorded 31 March 2009

Here’s the second half of the interview with Singer-Songwriter Alice Peacock and Founder and President of  Alligator Records Bruce Iglauer about HR-848, the Performance Rights Act. Among the topics we discuss this episode:

  • Studio musicians and their role in performance rights
  • 50% of terrestrial radio stations don’t play new music
  • The history of the beginning of Performance Rights Act from the 1930’s
  • How this fits with the Internet and “Appearance of Free Music”
  • The Digital World and protection
  • Online Theft
  • Performance Royalties and other nations
  • Digital technology and the vision at conception
  • How you can act on this issue
  • How does the current copyright terms affect this or does it?
  • Grass Roots approach to action on this issue
  • MusicFirstCoalition.org

If you’d like to learn more about Alice Pecock and her music, including her new release Love Remains, you can visit her at AlicePeacock.com. To find out more about Bruce Iglauer’s label Alligator Records, you can visit AlligatorRecords.com.

[00:37:04]
[audioplayer file=”http://recordings.talkshoe.com/TC-52008/TS-221821.mp3″]

Listen above or download by right clicking and saving.

Written by With A Voice Like This · Categorized: Interview, Show · Tagged: act, alice, ASCAP, BMI, bruce, coalition, hr 848, iglauer, musicfirst, NAB, peacock, performance, radio, rights, SESAC, Sound Exchange, terrestrial

Mar 13 2009

094 – A place to sing, some Legislation and a Recap

Recorded 10 March 2009

4-AM

  • I’ve talked about the new set we’ve put together. We’ve rehearsed it and we decided we’re ready to just get out there and kick the tires on this set. so we’re currently looking for a place to perform this set and we’re hoping it will be soon, so keep an eye out here or at 4-AM.net and you’ll know about it as soon as we do.
  • This isn’t 4-AM specific, but a few shows back I talked about the difference between Facebook pages and groups and said that I had a 4-AM Facebook page and switched my With A Voice Like This group to a page. And wouldn’t you know it, just after I did all the switching, they’re changing up how pages work. So I talk a little about it.

News You can Use

  • I got an e-mail forwarded to me  from the Chicago National Academy of Recording Arts and Sciences (NARAS, think Grammy) about the Performance Right Act on which Congress is currently holding hearings. I hadn’t had the time yet to look at it much, but it’s all about legislating terrestrial radio to pay for playing music on air. I know I’ll be discussing it in a future show, hopefully with some guests, but you can get a jump start on the topic at Grammy.com/musicfirst.

[EDIT – 15 March 2009 – Since posting the notes for this show, the above link to Grammy.com/musicfirst has changed. The site it linked to at the time of the notes were posted is www.capwiz.com/musicfirstcoalition/home/ [UPDATE: This page has been disabled]. You can find out more about music FIRST at www.musicfirstcoalition.org .]

At Any Rate

  • And speaking of Performance Rights and paying for airplay, I recap the Musicians at Work Panel I sat on Monday night, put on by the Chicago Music Commission and the City of Chicago Department of Cultural Affairs. Among other things we talked of copyright issues, how to start a podcast and many other things.
  • One of the other panelists, Jason Heath is quite an accomplished blogger and podcaster and you should take a listen and a look at his site, DoubleBassBlog.org and see what’s happening there.
  • One of the great things about the Musicians at Work Forum is the chance to meet other Chicago musicians. I got to meet Brian Mazzaferri and Mike Mentzer of I Fight Dragons and they were kind enough to give me a copy of their newest EP Cool is Just a Number. Check them out at IFightDragons.com

 

[00:21:35]
[audioplayer file=”http://recordings.talkshoe.com/TC-52008/TS-197567.mp3″]

Listen above or download by right clicking and saving.

Written by With A Voice Like This · Categorized: Show · Tagged: i fight dragons, Jason Heath, NARAS, radio, terrestrial

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