[Fmpro] BMI changes

[Mark Northam]

(from ASCAP's rules)

>  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.

Note the first 6 words, as they have cost composers tens of millions of
dollars over the years. Remember, more money that is paid to the songwriters
means less money left for composers.

The instrumental performance must be visual, but all "vocal performances"
are assumed to be features. That includes all background vocal (BV) cues.
Anything with lyrics, that is. And who's the President of ASCAP? No
coincidence, a lyricist.

This diversion of tens of millions of dollars to the songwriters by assuming
ALL BACKGROUND VOCAL cues are to be paid as features by default is nothing
but a giveaway to the songwriters. These six words have fundamentally
changed the basis for performing rights payments from payment based on the
type of performance (the way it SHOULD be), to payment based the type of
music, with all songs assumed to warrant top payment rate, even if barely
heard in the background. I

For what it's worth, we've written to ASCAP composer board members Richard
Bellis, Doug Wood and Bruce Broughton with a simple question: will you
commit to bring a proposal to the ASCAP board ending the "all background
vocals are automatic feature performances" rule that has cost composers so
much for so long, now that BMI has done this?

They have 6 days to reply, and we'll be publishing their replies (or refusal
to reply) in Film Music Weekly a week from Tuesday.

As far as I'm concerned personally, if ASCAP Is unwilling to reform their
system and level the playing field between songs and score, composers should
think seriously about moving to BMI. Their willingness to recognize the
inherent unfairness of this whopping bonus scheme for songwriters is a big
first step in my book. I'm reserving judgment until we see the rest of the
details of their new network distribution system (we have an interview with
a top BMI official set for Nov 1) but if this is any indication, BMI is
taking a great first step. Let's hope they continue in this direction.

Best,

Mark Northam



---------------------------------
Mark Northam, CEO
Global Media Development Group

http://www.Muse411.com - The Music Industry Online Directory

1-800-774-3700 ext. 702 / 310-645-9000 ext. 702
http://www.gmdgroup.com
Yahoo/Skype: marknortham  /  AIM: mnortham