[Fmpro] BMI changes

[LesHurdle]

(A)(2)  “Background Music” shall mean mood, atmosphere or thematic music
performed as background to some non-musical subject matter being  
presented on a
radio or television program.  A vocal or a visual instrumental  
rendition which is a
principal focus of audience attention shall not be regarded as  
background music
regardless of the context in which performed.
*          *          *
(7)(a) “Feature Performance” shall mean any performance which is a  
principal focus
of audience attention and which constitutes a musical subject matter  
on a radio or
television program and is not a performance as a theme, jingle,  
background, cue or
bridge music, or in conjunction with an advertising, promotional or  
public service
announcement or a logo.  A visual instrumental or vocal performance  
shall be presumed
to be a feature performance unless such performance is as a theme or  
a jingle or in
conjunction with an advertising, promotional or public service  
announcement or logo or
is not a principal focus of audience attention.
(b)  “Visual Instrumental Performance” shall mean a performance by a  
musician or
musicians who are seen by the television viewing audience.
(c)  “Vocal Performance” shall mean the performance of the lyrics of  
a composition
or the on-camera humming or whistling of the music of a composition.
(d)  “Musical Subject Matter” shall mean the presentation in a  
program of an activity
(i) which normally involves the performance of music – such as  
singing, playing a musical
instrument, or dancing (including skating in a manner akin to dancing  
or ballet), and (ii)
in which such music is the music written for or used in the original  
presentation as the
work being sung, played, or danced to.6

V interesting, but my point was what happened to Warren's catalog  
when he switched PRO's.

L


On Oct 20, 2007, at 3:38 AM, andrew feazelle wrote:

> www.ascap.com/reference/boardofreview_warren.pdf
>
> Here's some stuff on the Warren case.  Or yahoo "Richard Warren  
> ASCAP" if the above doesn't work.  The click the first link.  It  
> lists ASCAP definitions of background and feature performances and  
> why they think Warren's vocal stuff was not feature.
>
> Hopefully the BMI thing isn't a bait and switch thing.  Might be  
> good to see if writing partners who are on opposing PROs start  
> seeing a difference
> in payment for the same cues.
>
> A Fez
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