[Fmpro] ASCAP and Technology

Mon Feb 19 03:49:07 GMT 2007

I have been told by ASCAP that (Spring 2006 when I was told) they consider digital downloads as mechanical, not a performance.

>----- ------- Original Message ------- -----
>From: Les Hurdle <leshurdle101 at yahoo.com>
>To: fmpro at nxport.com
>Sent: Sun, 18 Feb 2007 -0800 (PST) 09:04:24
>
>With respect.
>
>I think ASCAP and all the other PRO's have done a
>fantasic job of keeping everyone's eye OFF the
>ball.
>
>They know what tracking etc will achieve, they know
>
>what accuracy will mean, THEY ALSO KNOW THE CLOCK
>IS
>RUNNING.
>
>In the 0 1 0 1 0 1 0 1 world the mechanical right
>will
>rule.......  why is everyone going on about
>tracking
>and weighting formulae etc when in a heartbeat it
>may
>well be all over???
>t
>Mechanicals are all 1-1.. aren' they?
>
>Going back to Bellis........  I remember arguing
>with
>him over 'geting the money up front'... and giving
>up
>the mech right [especuially re WFH].... wonder what
>he
>will say now given the only right in the future
>[maybe] is the mech right?
>
>Check out   www.viidoo.com   does it work on Macs?
>
>Les
>
>
>
>--- Fernando Rivas <rivas2750 at comcast.net> wrote:
>
>> Well put, Mark. Along with fear of the new
>> technologies there is also a lack
>> of understanding about what can be achieved with
>> them.  As usual stupidity
>> errs on the side of greed.
>> 
>> FR
>> 
>> 
>> On 2/18/07 3:58 AM, "Mark Northam"
>> <mark at gmdgroup.com> wrote:
>> 
>> > Lots of the board members mouthed their
>concerns,
>> etc about technology
>> > somehow being a threat to performing rights
>> royalties, and to me that's
>> > exactly the problem - rather than seeing
>> technology like watermarking and
>> > better automated tracking as a benefit, they
>see
>> it as a threat, and the
>> > results are self-evident - PROs who use
>technology
>> reluctantly, to benefit
>> > certain groups only, with it's usage
>> custom-designed to maintain the status
>> > quo of who's getting paid what as best they
>can...
>> > 
>> > Hal David's been on the board for a long time -
>
>> plenty long enough for him
>> > to become a leading voice about implementing
>> watermarking, etc. Have we
>> > heard word one from him about this? Nope. Did
>he
>> answer the FMPRO board
>> > members questionnaire at the last election?
>Nope.
>> Did he answer the Film
>> > Music Magazine questionnaire at this election?
>> Nope again. That demonstrates
>> > the kind of arrogance and contempt that so many
>in
>> the board apparently have
>> > for honest, legitimate questions from members
>> about their positions on
>> > important issues. Has Hal volunteered HIS board
>
>> attendance records? Nope.
>> > 
>> > 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.
>> > 
>> > Simply put, it's time for a regime change at
>> ASCAP. The arrogant,
>> > "party-line" position of the ASCAP Board must
>give
>> way to individual
>> > accountability and independent, thoughtful
>> dialogue with all interested
>> > members, not just those invited to the "high
>> earner's meeting"and the like.
>> > 
>> > No more unlimited board terms for "career
>> politician" board members at ASCAP
>> > who are so afraid of members discovering the
>truth
>> that they hide their own
>> > attendance records.
>> > 
>> > And let's end the "President for Life"
>designation
>> of the ASCAP President
>> > and give it a finite term, like 8 years. If
>it's
>> good enough for the
>> > President of the United States, it's good
>enough
>> for the ASCAP President.
>> > 
>> > It's time for some new blood, new ideas, and
>new
>> leaders who embrace the new
>> > business models of the music business rather
>than
>> fearing those new business
>> > models and the people who would seek to reform
>> ASCAP. Technology is not a
>> > threat, it's a tool. The real question we
>should
>> be asking all ASCAP Board
>> > members is: are you willing to use that tool in
>a
>> fair and evenhanded way to
>> > level the playing field and benefit all
>members,
>> not just those favored by
>> > the old system?
>> > 
>> > Best,
>> > 
>> > Mark Northam
>> > 
>> >> Also, Hal David states, "In this technological
>
>> age it
>> >> is important that we establish supremacy in
>> tracking
>> >> our performances and licensing our works." I'm
>
>> not
>> >> sure if he means TV too. But, performance
>> tracking is
>> >> my number one issue, so I might add him to my
>> vote.
>> >> Thoughts?
>> > 
>> > ---------------------------------
>> > 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
>> > 
>> > 
>> > 
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>
>
>
> 
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