[Fmpro] Harry Fox and Freddy Hound

Mark Northam mnortham at gmdgroup.com
Sun Aug 12 21:57:24 GMT 2007


On 8/12/07 2:11 PM, "Pete" <musical411 at yahoo.com> wrote:

> I think we're better off negotiating as a group than
> as individuals. If there was an organization (Harry
> Fox, ASCAP etc) who negotiated mechanical rates for
> music in downloaded programs on our behalf, I probably
> would've suggested Scott use that organization.
> 
> Since there isn't one yet, we have no choice but to
> each negotiate our own deals as best we can.
> 
> United We Negotiate, Divided We Beg

For some, perhaps. But I have a feeling that many CPA composers would be far
better off negotiating their own direct licenses for performance royalties
rather than begging ASCAP for the lousy rates they pay, if their music  is
even tracked by ASCAP in the first place.  And of course, a lack of tracking
(or a lack of will to implement tracking technology) means untracked music,
which is essentially free music as the writer and publisher is not being
paid for the public performances of it.

And especially given the extra hoops ASCAP makes CPA composers jump through
just to get paid - sending in copies of their contracts, begging for media
buy sheets from ad agencies who have no financial motivation to provide
them, etc., then suffering with lousy tracking and the worst payment rates
of any segment of the ASCAP membership.

Obviously if you're a songwriter, group negotiation by ASCAP is a financial
bonanza. You get the top pay rate for your performance, even when your music
is barely heard in the background. But for the CPA composer, the broadcaster
gets a license to use your music and you're lucky to get anything at all,
and what you do get you have to be "grateful" for as ASCAP considers it as a
"gift" to you. 

We may be united in negotiating, but when the proceeds of those negotiations
are distributed using blatantly prejudicial and discriminatory formulas
based on anecdotal "perceptions" dating back to Vaudeville times about what
some music is worth - formulas that arrogantly assume that over 50% of the
music on television today is basically worthless - we're anything but united
by the results.

Best,

Mark Northam


On 8/12/07 2:11 PM, "Pete" <musical411 at yahoo.com> wrote:

> I think we're better off negotiating as a group than
> as individuals. If there was an organization (Harry
> Fox, ASCAP etc) who negotiated mechanical rates for
> music in downloaded programs on our behalf, I probably
> would've suggested Scott use that organization.
> 
> Since there isn't one yet, we have no choice but to
> each negotiate our own deals as best we can.
> 
> United We Negotiate, Divided We Beg






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