[Fmpro] 50mil TV show downloads, 1.3mil movie downloads, zero composer royalties

[Mark Northam]

The key issue is whether or not a download of a TV show or film includes a
performing right. If it does, then composers should receive royalties. If
not, they may not in work-for-hire situations. In my opinion ASCAP and the
other PROs ought to be fighting loud and hard to win this battle if it can
be won.

Regarding theatrical releases, ASCAP's well-documented attempt to triple the
seat tax charged to movie theatres in the 1940s led to the Alden Rochelle v.
ASCAP court decision that prevented ASCAP from collecting these royalties
which it had previously collected. ASCAP amazingly agreed to continue this
prohibition in the AFJ2 agreement which went into effect in September 2001.

It's actions like that that make me really wonder how much ASCAP values
score music, and makes me wonder how hard they're really fighting for
performance royalties for audiovisual downloads (film/TV).

Mark Northam


On 1/9/07 1:25 PM, "kirbyko3 at aol.com" <kirbyko3 at aol.com> wrote:

> Not that I wouldn't looooove to get royalties from tv/movie downloads, but if
> you do a score as a work for hire, which would encompass DVD/homevid
> distribution, why would the download of a TV show or movie be any different
> from the sale of a DVD, for which a composer gets no additional royalties?  To
> my knowledge, composers on those projects are just asking for more $$ upfront
> to encompass those rights.
>  
> I guess the point is, if ASCAP and BMI aren't paying us anything for a
> theatrical release or a DVD sale, why would anyone expect to receive $$ from
> an iTunes download of a TV show that one scored?
>  
> Kerry

---------------------------------
Mark Northam - Publisher
Film Music Magazine
The Professional Voice of Music for Film & TV
http://www.filmmusicmag.com
1-800-774-3700 x702 / (310) 645-9000 x702