[Fmpro] Downloadable

[Les Hurdle]

Hi Claude,

I posed this question to the list and many others years ago.

A UK composer writes the 'score' music for a movie funded and owned by 
UK companies.
The movie fails in the UK.

It is 'sold' to a US distributor who sells the movie ONLY via the 
internet.

An end user in the UK buys the movie via the internet.
Which rules apply.. UK or USA?

Given there were any pay/royalties to be had........ it would appear 
payment would be based on the country of upload..... so if the music 
was licensed with ASCAP, the 33-1 payment scheme would be in place 
instead of the UK's current 1-1 @ PRS.
What a disaster for the composer if songs were involved.
Instead of equal pay as per PRS, the composer would be receiving around 
600% less...... via the weighting formula.

The above scenario must be closely followed given there might be 
performing rights for downloads in future.
Bear in mind....... it wont matter how 'good' the music is.......  zero 
pay is zero pay !

PRESUME those who currently own the 'rights' do allow a performing 
right to be paid via a download in the future.........
HOW WILL THE CURRENT CROP OF SALES/DOWNLOADS BE PAID FOR RETROACTIVELY?

I think we all know the answer to that one.

As the future unfolds it is becoming painfully obvious why watermarking 
was not required, too accurate and traceable on a global scale !!
Too many who make money via the status quo will not want to see the 
stream diverted.... this includes composers.

 >>IF<< broadcasting becomes a transfer of data available at any time, 
anywhere .......... how will we be paid...... if ever?

Les



On Jul 13, 2006, at 9:17 AM, Claude Castonguay wrote:

> Hi Les,
>
> sorry here's the link.
>
> http://www.eztakes.com/
>
> As for performing rights i understand but don't these downloads fall
> into the mechanical rights category. I know that in the US,
> mechanical rights is a whole other thing than Canada and Europe.
>
> Indeed it has probably been said often by you on this list.but has
> i'm trying to illustrate with my post, the future is here and we
> might be stuck in the past. I know that in the states composers do
> not get paid for mechanicals on the sales of DVDs, so knowing that
> people are now starting slowly to dowload the films instead of buying
> the DVDs probably doesn't change much for us composers on the US
> market but with Internet being what it is, now we will see German's
> buying their films on the internet from US websites and we could kiss
> the really nice mechanicals from GEMA goodbye. And this applies to
> France, Netherlands etc... also.
>
> I know that Europe, Canada and other countries are working on finding
> a way to renumerate creators for downloads, Pay per View and TiVo
> stuff, but seriously, if the biggest country in the world goes in
> another direction...
>
> Once again, what happens to our rights(money) when everybody  will be
> listening  to Lost or 24 on their iPods? Is this a performance or a
> mechanical?
>
> Best,
>
> Claude
> On 06-07-13, at 11:53, Les Hurdle wrote:
>
>> Hi Claude,
>>
>> Which site?
>>
>> hate to be a wet blanket, but as far as I know there are no performing
>> rights for downloads !
>>
>> As you know I've been making this point for a couple of years !!
>>
>> Les
>>
>>
>> On Jul 13, 2006, at 8:42 AM, Claude Castonguay wrote:
>>
>>> Hi everyone,
>>>
>>> one of the animation series for wich i wrote the music is up for
>>> downloads on this site. Any of you know if and how  we are supposed
>>> to get $ for this?
>>>
>>> Best,
>>>
>>> Claude
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