[Fmpro] ALL residuals ???

[Scott Szabo]

-----Original Message-----
From: fmpro-bounces+scott=szabosoundandmusic.com at nxport.com
[mailto:fmpro-bounces+scott=szabosoundandmusic.com at nxport.com] On Behalf Of
Chris Alpiar
Sent: Tuesday, May 15, 2007 10:45 AM
To: fmpro at nxport.com
Subject: Re: [Fmpro] ALL residuals ???

Actually Mark I don't think its exactly as you are perceiving it. The court
ruled that technically a download is not a performance, which technically it
is not. 2 machines communicated and until the end user opens the file to
hear it, it isn't a performance. That needed to be clarified for if say, in
peer to peer downloading, one can connect to 10, 15 or more peers to
download different segments of the same file, so if, strictly, a download is
a performance and every download must be paid out as such, a peer to peer
service could pay 15 or more times for the same end performance, or a
middle-tier computer system that is just transferring data for storage even,
must pay as if it's a end user listening.

What needs to happen is a new agreement on how the actual performance is
tracked and paid out on.



The composer can still receive a mechanical royalty though. My question is
who or what organization would/could collect mechanical royalties for the
entire world?

Scott Szabo
Szabo Sound & Music
2400 Central Parkway, Suite C
Houston, TX 77092
713-956-7451
www.szabosoundandmusic.com