[Fmpro] ASCAP and Technology

[Mark Northam]

Pete, we agree again!

But for whatever reason, ASCAP sees fit to decimate the value of CPA music
copyrights for those performances, and has woefully inaccurate and
inadequate tracking for CPA music, which likely represents over 50% of the
music on television in terms of the number of minutes.

The only reasoning I can think of, is that whatever secret numbers/data
ASCAP has show that while songs might benefit some by increased CPA
tracking, there is such a vast amount of untracked and unpaid CPA music
other than pop song, that any gains for songs would be wiped out by the
sheer amount of performances of other types of music that would suddenly be
able to be paid. 

Either way, I'll stand by my argument that the limitations to tracking CPA
performances and other performances on television which are not paid for by
ASCAP are political, not technological.

And you're right - if watermarking were mandated by some court somewhere and
ASCAP finally had to use the technology that's been available for so long to
track and pay CPA and other non-song performances, they could easily rig the
weighting formulas to offset any losses to the songwriters. That's the
sickening thing about this system... It has basically become an entitlement
for the songwriters, with non-song music deserving "back of the bus"
treatment in terms of value for a minute of non-song music compared to a
minute of song, with the only excuse given that "it's this way because we've
always done it this way."

Sadly, that kind of musical bigotry and stereotyping will likely find a way
to survive any technology whose benefits threaten the established
entitlement brought about by years of considering non-song music as second
class and of lesser value. Until we have a more enlightened ASCAP Board
whose ideas of music valuation aren't based on vaudevillian-era standards
where instrumental music's function (to them) seems to be filler music
between the song "numbers", we can expect more of the same kind of
treatment. And it's exactly why we desperately need term limits for the
entire ASCAP Board and President. This kind of multi-decade entrenchment,
utterly committed to continuing the prejudices of the past, is obviously not
in the best interests of the membership at-large, especially those CPA
writers who write over 50% of the music on television today.

Best,

Mark Northam



On 2/18/07 5:15 PM, "Pete" <musical411 at yahoo.com> wrote:

> Hi Mark,
> 
> I understand your logic, but I would think that
> writers of popular song and their publishers would
> benefit from more accurate tracking on TV.
> 
> I'm guessing that popular songs get played more on
> commercials than on TV programming. Tons of
> commercials use hit songs to sell their goods. So, if
> commercials are currently under-tracked, digital
> watermarking would increase the amount paid to those
> works. Then, popular songs would also benefit.
> 
> If one group becomes overcompensated, ASCAP could just
> change the weighing formula. But, at least it would be
> accurate. Who wouldn't want accuracy?
> 
> P e t e
> S u r d o v a l
> 
> --- Mark Northam <mark at gmdgroup.com> wrote:
>> I'll say it again... The massive amount of unpaid,
>> untracked musical
>> performances is the elephant standing in the middle
>> of the room at the PROs.
>> If they tracked and paid all of these performances,
>> existing members' checks
>> would decrease, something that would not go over
>> well with many members.
>> 
>> What we're seeing is the strategic non-use of
>> technology in order to
>> maintain the wealth levels of certain groups of
>> members. It's a system
>> that's rotten from the head on down, and only a
>> major influx of new board
>> members who are committed to something more than
>> maintaining their own
>> personal royalty checks and board positions is going
>> to get us closer to
>> fairness and accuracy in PRO royalty payments.
>> 
> 
> 
>  
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---------------------------------
Mark Northam - Publisher
Film Music Magazine / Film Music Weekly
The Professional Voice of Music for Film & TV
http://www.filmmusicmag.com
Yahoo/Skype: marknortham  /  AIM: mnortham