[Fmpro] SOCAN CPA Rip-off?

[Mark Northam]

On 4/4/08 7:58 AM, "Pete" <musical411 at yahoo.com> wrote:

> Logic tells me, the right to broadcast music in
> Canadian commericals is granted by the copyright
> holder, not SOCAN.
> 
> Pete

Like any PRO, SOCAN grants the right for public performance on behalf of its
members who are copyright holders.

The key issue here is whether or not SOCAN is licensing the broadcasters to
publicly perform the music in commercials (over 50% of the music on
television if the US estimate holds) collecting blanket license fees from
the broadcasters, then distributing none of those fees to those who wrote
the music for the commercials?

If SOCAN is not licensing broadcasters via their blanket licenses to perform
the music in commercials, who is? Direct licensing is not allowed in Canada
per the latest information, and even if it was, can you imagine the tens of
thousands of direct licenses necessary to broadcast every commercial on
every station?

I've heard that a court in Canada issued a ruling that the public
performance of music in commercials is "worthless". If so, why isn't SOCAN
kicking and screaming about this massive injustice? What court has the right
to declare the product of someone's work "worthless"?

Something stinks here. PROs should be in the business of building up the
value of music, not declaring it worthless.

Mark Northam