[Fmpro] ASCAP info

[leshurdle]

On Jul 25, 2007, at 7:31 AM, Doug Wood  [ASCAP Board member] wrote:
>>
> Broadcasters look at which shows are most popular, and which PRO  
> controls
> the theme music for those shows. This is where negotiations  
> begin...............

So Doug,

Please, for once and for all, explain how these negotiations function  
and what 'value' [based on ASCAP's weighting formula] the negotiators  
and the broadcast place on the monetary aspect of such 'popularity'.
>
> Background music is also important in negotiations, and  
> broadcasters and
> PROs keep careful track of whose music is used in which shows.

With respect...............  they do?

How come so little music is then paid via distribution?????

> Again, the
> more popular the show, the more valuable the background music is as a
> bargaining tool.

Agreed, IF, ASCAP were to be paid based on popularity of a show and  
pass along any increase [or decrease] in payment.

Some Prime Time TV shows get an approximate 1/3 increase in pay  
because the show is 'popular'......... do the broadcasters pay this  
1/3 extra?

If not, where does the money come from?

Please advise.

> . And forget time of day - it's a
> thing of the past. Some channels, like CNBC - have higher  
> viewership during
> the day than at night, during so-called "prime time."

This is an interesting POV and as such I have copied this email to  
the PRS high command.

Many years ago PRS [via the Government] came to its senses and  
declared NO ONE has the right to judge the value of another's work.
As such 1-1 was born.

Like all orgs which are run by gougers, PRS has seen fit to continue  
with 1-1, but will pay 75% of the music on air at 50% of 'the rate'  
while pay for PRIME TIME will be at 200% of the rate.

I find it annoying to the point of amusement and amazement that PRS  
should have 1-1 and Prime Time whereas ASCAP has the exact  
reverse............  especially since the broadcasters pay similarly  
[it would appear] in both countries.

To use your term DW.............. which jerks think the same music in  
the same shows [which syndicate internationally] have more or less  
''value'' per country.

The entire PRO and music org set up is based on idiocy and has  
nothing to do with fact., and you know it

Here's a classic example of 'suit' foul ups.

PPL [Phonographic Performance Ltd. Co] in the UK paid a musician for  
music aired in the UK, an amount of money for usage as the Performer 
[s] Right.
The Publisher of the music cross checked with PRS only to find PRS  
refusing to pay since the usage didn't turn up in their survey !!


Smoke n mirrors............ I think so........ and it is just the  
same in this country.. only far worse.


>
> And what about songs (with vocals) which are sometimes part of the  
> story
> line, such as in Grey's Anatomy? What kind of a performance is  
> that, and how
> should it be valued?

Surely this rule is already in place.... if the 'song' has a lyric  
and it is part of the 'scene' it is Featured Performance............  
at least this has always been the claim.
> How could you distinguish between a background vocal
> cue which is completely in the background and one which peeks out  
> from the
> lines of the dialogue to reinforce the message? Somebody smarter  
> than me
> will have to come up with the answer to that one.

wow, I guess I'm smarter than you ;-)

1-1............... the only country in the Western civilised world  
where music used for like purposes is not paid at the same rate of  
1-1 is the USA.
There is no defense for anything less.
>
>> But for the sake of clarity, will you confirm that broadcasters  
>> pay ASCAP at
>> the same rate for song music as they do for score music under a  
>> blanket
>> license?
>
> No, I can't. There is no "rate" for music like a taxi meter. I can  
> confirm
> that all PROs make subjective judgments about the relative value of  
> certain
> types of performances. So do broadcasters and studios, when they  
> buy out
> performance rights from composers.

As above DW, you need to explain exactly how this works with $$'s.
I'm assuming someone at ASCAP has a handle on such data?
> Are the PRO distribution rules great? No.
> But do I think the solution is to pay exactly the same for every  
> type of
> music, regardless of when it is broadcast, or on what channel, or  
> whether
> anybody is watching - what's known as 1 to 1? No, I absolutely do not.

Well DW, with respect, you are so out of step with the rest of the  
world and have been so brain washed by those who might consider  
themselves your peers, it is time for you to take a deep breath and  
breathe new, fresh air.

You position is rediculous and indefensible since you cannot prove Mr  
Hoyt to be incorrect ie; he claims he pays at 1-1.... does he, or  
does he not?
>
>> 3. Still waiting for your observations re: the travel habits of  
>> your friends
>> on the ASCAP Board. If they're soaking us (the members) for First  
>> Class air
>> travel,
>
> I'm really not qualified to pass judgment on this.  I drive a VW  
> bus, I wear
> jeans and sneakers most of the time, I still use a DX-7 as my  
> controller
> because I'm too cheap to buy a decent keyboard. What other people  
> do is up
> to them. I think there are more important issues.

Agreed there are far more important issues, but some of this list  
work the airlines and have observed The Pres in 1st  
Class.............. with partner !!

Doug, if I were you I'd be more than interested to figure out the  
next scam via downloads.

Still waiting for answers re movement of money from Local Tv to  
Network........ this effects PRS members greattly,  also election data.

As Tracey said.... if you can't/wont provide the data, say so, just  
don't behave like other politicians and play silly games, it's  
beneath you.

VERY best

Les

>
> Doug Wood
>
> Disclaimer: The views expressed are my own and do not necessarily  
> reflect
> those of ASCAP, its directors, executives or staff.
>
>
>
>
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