[Fmpro] I want my blankie!

[Mark Northam]

Yes, but at the same time they're not paying you for these music
performances, they're issuing Scripps stations a blanket license which
legally allows them to perform that music so there's no way you could go
after fees for the performances since BMI already licensed those
performances and that license protects the broadcasters from any copyright
issues. Convenient.

The ultimate "bait and switch" - one might argue that since they're not
paying the copyright owner for these performances, they're essentially
engaging in the same kind of "FREE MUSIC" (providing music - or in this case
- sanctioning and legally allowing the performance of music - without
compensating the copyright owner) that the old Napster and any number of
current Peer-to-Peer services do. The fact that they charge a license fee
for the music and divert that fee to other copyright owners only makes the
offense that much worse. How the PROs have somehow gotten away with what
others have been fined millions for is interesting.

Maybe a more accurate set of statement would be:

Promo music generate license fees on Scripps Networks, but BMI chooses not
to pay royalties on those performances. If BMI says they don't generate
license fees, then those performances should be excluded from BMI's deal
with Scripps - why would they license those anyway if they do not generate
any license fees? 

Frankly if they aren't paying royalties, they should exclude those
performances from their deal with Scripps so at least if BMI doesn't want to
collect and pay those performances, the copyright owners might have an
opportunity to.

The fact that the PROs sanction millions of performances of FREE MUSIC every
year by legally licensing the performances and purposely, as a matter of
"policy,"  choosing to not pay the copyright owner his/her share for these
performances, whatever that may be, of the license fees is something you'd
think would be considered a real problem in the industry, but where there
should be protests, all there seem to be is... [crickets]


Best,

Mark Northam


On 8/7/06 8:44 PM, "Merritt Music Productions" <chris at merrittmusic.com>
wrote:

> So, to correct my statement.  BMI, my PRO, does not pay for promo
> performances on Scripps Networks.

---------------------------------
Mark Northam - Publisher
Film Music Magazine
The Professional Voice of Music for Film & TV
http://www.filmmusicmag.com
1-800-774-3700 x702 / (310) 645-9000 x702