[Fmpro] BMI changes

[LesHurdle]

I'd like to add, I have asked PRS why they don't support their  
instrumental composers in the USA market, but rather allow their  
songwriter members to continue to gouge the other PRS members.
PRS has not responded.

The house of cards is collapsing.


Les

On Oct 20, 2007, at 4:08 PM, Mark Northam wrote:

> (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
>
>
>
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