[Fmpro] NO one?? PRS changes?

[Geoff Koch]

On 8/10/07 7:53 PM, "Pete" <musical411 at yahoo.com> wrote:

> Geoff,
> 
> Oh, I like your plan! I wonder if the Ad Agencies
> would have to get the Direct license upfront so they
> know they won't have any delays or kinks in airing the
> clients ad anywhere they want. But, it might work.

Now Pete, you're forgetting this part of the plan:

> Ad Agency: "Suit yourself.  Just indemnify us against any claims relating to
> that license."
> 
> Educated composer:  "You got it."

indemnify, vb  1. To reimburse (another) for a loss suffered because of a
third party's act or default.  2. To promise to reimburse (another) for such
a loss.  3. To give (another) security against such a loss.  (Black's 7th
ed.)

Remember, the kinks have been ironed and the aforementioned agency is clear
to blanket the airwaves with adult diapers.  All that remains now is a
negotiation between composer and broadcaster for the license to use the
composition.  Ad agency ain't got no dog in that hunt any more than they
would now in a dispute between composer and PRO.  That being the case, back
to our original point...

> remove
> CPA from the broadcasters' blanket license and see what happens.

What I would predict is the broadcasters having a gaggle of individual CPA
composers with whom they'd have to cut deals, any of whom if an agreement is
not reached, might have cause of action for copyright infringement
(statutory damages up to $150,000).  Thus...

> GBC:  "Crap."

Which is why, I believe, we would observe the broadcasters...

> kicking and screaming to get to that point,

in which PRO's blanket license does not cover CPA music.  They would
consider it too burdensome financially, clerically and legally; and the
actual market value of CPA music would become apparent.

If the will of the CPA music creators were exercised by directly negotiating
with broadcasters, without "interference" from others (e.g. PRO's),
regarding the sum of those negotiations...

> I suspect
> we would find that CPA IS worth millions.

Therefore, for third parties to deem CPA music as "worthless" is an
artificial designation.  Take away the PRO proxy and we'd find that CPA is
NOT worth $0.00.