[Fmpro] ASCAP guns for NMPA

[LesHurdle]

I'll bet she still has her mechanical rights..... might she also be  
dealing with the Publishers on the ASCAP Board who represent her.......

L

On Jan 29, 2008, at 10:46 AM, Chris Alpiar wrote:

> 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
> ________________________________
>
> ===================================================================
> 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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