[Fmpro] ASCAP guns for NMPA

[Chris Alpiar]

I am going to bet 90% of this list is ASCAP, but for those that aren't here
is our fearless Ms. Bergman stepping up for NMPA. Its the same content from
the message Pete posted just this is the one that was sent to all ASCAP
members from Marilyn Bergman. While we all have issues that are unresolved
with NMPA and ASCAP I believe Ms. Bergman has the right sentiment on this
issue and I would think it would be a good idea to support this from the
NMPA side. The enemy of our enemy is, at least at this moment, our friend.
I'll get back to busting balls when this ordeal is over ;)

_______________________________

Christopher Kennedy Alpiar
Cinematic Composer 
1280 Lytle Lane 
Dayton, OH 45409 
310.339.9603 (Los Angeles) 
937-294-0900 (Dayton) 
chris at alpiar.com 
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An Urgent Message From Marilyn Bergman

January 28, 2008 

To All ASCAP Members, 

Over the years, ASCAP has worked tirelessly to convince Congress and the
courts that all songwriters, composers and music publishers are entitled to
fair compensation for their copyrighted musical works. As you know, ASCAP
represents the performing right, a large and growing part of your
compensation. But mechanical and synchronization rights are also a critical
element of your livelihood. 

Today, the Copyright Royalty Board (CRB) begins a hearing that will
determine mechanical rates for every songwriter and music publisher in
America. It will be critical because, in addition to setting rates for
physical products, rates will be set for the first time ever for digital
products such as digital downloads, subscription services and ringtones. 

Our friends at The National Music Publishers' Association (NMPA) will be
representing the mechanical right interests of songwriters and music
publishers in this hearing. They will be fighting vigorously to protect
those mechanical right interests to ensure that musical compositions are
compensated fairly. On the other side of this fight stands the Recording
Industry Association of America (RIAA) and the Digital Media Association
(DiMA). Both the RIAA and DiMA have proposed significant reductions in
mechanical royalty rates that would be disastrous for songwriters and music
publishers. 

David Israelite, NMPA President and CEO tells us, "The current rate for
physical phonorecords is 9.1 cents. The RIAA has proposed slashing the rate
to approximately 6 cents a song - a cut of more than one-third the current
rate! For permanent digital downloads, NMPA is proposing a rate of 15 cents
per track because the costs involved are much less than for physical
products. The RIAA has proposed the outrageous rate of approximately 5 - 5.5
cents per track, and DiMA is proposing even less. For interactive streaming
services, which some analysts believe will be the future of the music
industry, NMPA is proposing a rate of the greater of 12.5% of revenue, 27.5%
of content costs, or a micro-penny calculation based on usage. The RIAA
actually proposed that songwriters and music publishers should get the
equivalent of .58% of revenue. And DiMA is taking the position that
songwriters' and music publishers' mechanical rights should be zero, because
DiMA does not believe we have any such rights!" 

Irwin Robinson, ASCAP Board member and Chairman of the NMPA added, "Our
opponents in this hearing are proposing a rate structure which would have
devastating consequences for songwriters, composers and music publishers
trying to make a living, now or in the future." The initial hearing will
last four weeks, followed by a rebuttal hearing in May, and a final decision
expected on October 2. Among the ASCAP writer members testifying at the
hearing are Rick Carnes, Phil Galdston, and Board member Stephen Paulus. 

And while all this is going on, ASCAP has been leading the fight for fair
performance right compensation in Federal Court against DiMA members AOL,
Yahoo! and RealNetworks. Our case has been heard and we expect an outcome
this summer. 

Clearly these are perilous times for those of us that create the music that
generates profit for those that use our music. But remember this, there
would be no profit without our musical compositions that they are fighting
to use so freely!  
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