[Fmpro] Copyright & pay

[Mark Northam]

Hi Pete -

On 12/5/07 8:17 PM, "Pete" <musical411 at yahoo.com> wrote:

> Jamie Thomas wasn't sued for enjoying 24 tunes. She
> was sued for making 24 tunes (she didn't write or own)
> available for thousands of other people to download
> for free.
> 
The same could be said for what the broadcasters do - use CPA music to make
millions of dollars in profits, and of course, the millions of listeners get
to hear the music (or download it if the commercial is include in a download
version of a show) for free because the writers and publishers are not being
paid. Money the broadcasters paid for that music is diverted to other
writers, while the actual writers of what's on the air get screwed because
of "the survey." Simple fact: surveys track what they are designed to track.
Surveys don't track what they aren't designed to track.

 FYI it's "Jammie" not "Jamie"

> I'm not saying it's right, but the legal difference is
> that the ASCAP writer's signed an agreement with ASCAP
> allowing the songs to be used by the broadcaster. No
> one signed any agreements with Jamie Thomas.

I'm not aware of any part of the ASCAP writer's agreement that says that the
writer specifically agrees to allow his music to be performed on for-profit
networks for free, to be used to generate millions of dollars of profits and
PRO license fees, while ASCAP deliberately withholds the tracking technology
necessary to properly track and pay royalties for those performances. I
doubt any writer would sign such an agreement, yet it's become standard
operating practice at ASCAP. One can only wonder who benefits from such
policies...

> 
> ASCAP writers are free to leave their agreement, no
> one can "leave" illegal download sites.

Not quite. One cannot move their music away from ASCAP without the
permission of the publisher. And if one's music has been encoded by
MediaGuide, a proprietary technology, and is being paid (those lucky radio
guys), leaving ASCAP may come at an even higher price - being pulled from
the MediaGuide music database. I doubt MediaGuide sends any tracking
information to BMI...

Best,

Mark Northam


---------------------------------
Mark Northam, CEO
Global Media Development Group

http://www.FilmMusic.net - Film & TV Music Job Listings

1-800-774-3700 ext. 702 / 310-645-9000 ext. 702
http://www.gmdgroup.com
Yahoo/Skype: marknortham  /  AIM: mnortham