[Fmpro] ASCAP and Technology

Fernando Rivas rivas2750 at comcast.net
Mon Feb 19 12:27:55 GMT 2007


Mark,

I agree with you in some respects. It seems however that you're still
pointing at ignorance as a factor when you speak of an ASCAP board that is
unenlightened.

Whether they are unenlightened about technology or the role of music we are
screwed either way.  But my feeling is that ignorance coupled with greed is
less of a political issue than an educational and technological one.

It stands to reason that if they could get their hands on more money and
make a greater percentage they would certainly do it. Even if they had to
cook their books in the microwave to do it.

FR


On 2/18/07 9:16 PM, "Mark Northam" <mark at gmdgroup.com> wrote:

> 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
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> 
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