[Fmpro] Selling off

[Les Hurdle]

So,  you have a contract with your publisher, it says
you are entitled to performing right income and
mechanical right income from 'your' music.
You have an agreement with your PRO [e.g. PRS in the
UK] which forbids Direct Licensing etc.....  is that
agreement kept overseas**??

Do you know what deal your publisher or sub-publisher
has struck with the person who purchased the music [no
longer 'yours' !!]

Did your representatives keep any 'rights' for future
usage/sales by the purchaser or did the purchaser
insist there be no further income from the use of 'the
music' under any circumstances for all time, any part
of the universe? 

You don't know do you?

In many cases the purchaser via the TV
Network/show/Film will insist there be no payment for
future 'sales' once the initial sync/blanket license
fee is paid.

Where does this leave you in the new Download world?

Even if you have a contract which entitles you to
mechanical income from sales, what happens when your
representative 'sells' that right away?  
What happens when broadcasting shifts from
transmission to transfer and the public pays to
receive a TV show etc. on demand, and the language [as
per WIPO years ago] is* 'the purchase of 'product' is
considered a one to one license between the vendor [TV
station, iTunes etc] and the end user'.
Which makes the 'broadcast' a sale, a purchase, a
mechanical transaction, only.

Why isn't this the case with Pay per View [on demand,
not a scheduled 'delievery'] or TiVo etc you might
ask.
I suggest it is, but for now it is beneficial to the
owners to allow the performing right to exist.
However, IF Pay per View etc on demand,  TiVo etc does
contain a performing right at this time, then why not
a download?

Beware of those who do not wish to align the above. 

Unless our representatves, certainly in the Library
Music industry stop selling off any due future income
from 'sales' then it is possible our income stream
[Life+70] will cease.

You might want to ask a few questions....... and
please prove me wrong.

Les



 

*paraphrased

** how would you know?


 
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