[Fmpro] 80% Non-Lyric Penalty?

[bipcress@comcast.net]

Thank you much, Peter. Don't have to call ASCAP (I believe you, my 
brother). - JohnB

----- Original Message ----- 
From: "Pete" <musical411 at yahoo.com>
To: <fmpro at nxport.com>
Sent: Sunday, January 13, 2008 1:42 AM
Subject: Re: [Fmpro] 80% Non-Lyric Penalty?


> --- bipcress at comcast.net wrote:
>> Precisely what is the
>> logic behind paying out more residual bucks to a
>> composer for music with
>> words, and less for instrumental compositions?
>
> I'm SO glad you asked that John! Cause, it isn't true.
> That's exactly why I've been debating this for a week.
> That's the perception Mark Northam creates when he
> makes statements like "Your music gets whacked with an
> 80% penalty if it doesn't have lyrics." NOT TRUE!
>
> The truth is, our music gets paid the same, regardless
> of if it's an instrumental or vocal, when it's on the
> radio, used in advertising, used as a show's
> themesong, played in a restaurant, dentist office, bar
> etc. Those aren't just a few rare exceptions, that's a
> large amount of the music paid through ASCAP/BMI.
>
> Then you have "Feature" use and "Background" use.
> Feature use is when the music becomes a main focus of
> the audience's attention. That happens when you see
> onscreen an orchestra performing live, a man playing
> harmonica in jail, a rock band jamming, an aerobics
> class dancing to a boombox, or when you hear lyrics.
> The lyrics become like a part of the scenes dialog and
> the logic is that it now becomes a primary focus of
> the audience's attention. It's no longer in the
> "background" supporting the scene.
>
> Finally, you have "Background" use, which is when the
> music is supporting the visuals on screen, but no
> longer a primary focus of the audiences attention.
> It's been debated that vocal music is never classified
> and paid as "Background" although there have been two
> cases discussed here where Vocal Music has been paid
> as "background" as well.
>
> You can call ASCAP and ask them yourself if what I'm
> saying is true. We can debate that the system could be
> done a million different ways. But, that's how it is.
>
> Hope that helped clear it up,
> Pete
>
>
>
>
> 
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