[Fmpro] 222 SOCAN Q's

[LesHurdle]

Sorry......... I got button happy.......... must be all the water I  
drank on Jul 4th ;-)

L

please see below

On Jul 5, 2008, at 6:38 AM, LesHurdle wrote:

> Hi Sean,
>
> Dealing with your email as it is written........... many thanks  
> again by the way.... very refreshing to see a staff member take an  
> interest.
>
>
> On Jul 4, 2008, at 8:14 AM, Sean Goble wrote:
>
>> Les:
>>
>>
>>
>> Operating Costs: Our operating costs come from the "Radio Pool".   
>> This
>> pool, while primarily containing the license fees from our customers
>> (public performance, broadcast), also contains money from various  
>> tariffs
>> that we are unable to monitor.  We call it the "radio pool"  
>> because the
>> performance data from radio is what is used to distribute the  
>> money in
>> this pool.  But no foreign money goes into this pool, it is paid  
>> directly
>> to our members.
>
> To be clear...........  you are talking strictly radio here, or is  
> 'radio data' used re TV distribution?
>
> It seems very unlikely, but over the years one has learned to dot  
> the i's and cross the t's when it comes to PRO distribution and  
> 'language'.
>>
>> Watermarking: I'm really not privy to high level decisions such as  
>> reasons
>> for watermarking or not watermarking.  .........No doubt that has  
>> changed and we do keep on top of this stuff so it
>> may happen yet, but right now we find fingerprinting to be a better
>> approach on radio as we don't need to rely on the file itself for  
>> ID, we
>> can do it from our end and I've heard rumoured that a similar  
>> technology
>> is being looked at for TV/Internet.  Our company line however is  
>> that we
>> are still looking at the technology and may utilize it in the future.
>
> Does SOCAN use Mediaguide?
> If not, what process is used?
> Can a member acquire the data?

Interesting you use the word 'company'.  It puts a whole different  
spin on the business of a PRO.
Anyway, can you provide more info re fingerprinting on TV?
>>
>> Broadcaster Contract:  This isn't my end of the company, I am a  
>> member
>> account executive which means I work with membership and all  
>> concerns of
>> our members.  However, even if I were in licensing I don't think  
>> we'd be
>> allowed to give out any details on our contracts.  Sorry.  :-(
>
>
>
> As time marches on I urge all US composers to note
> >What reporting requirements are there for blanket licensees?
> None. Stations operating under the blanket license do not have to  
> submit reports to ASCAP in order to determine their fee because the  
> fee is not based upon actual usage.<
>

> http://www.ascap.com/licensing/tvcablesatellite/tvfaq.html

http://www.ascap.com/licensing/termsdefined.html

Sean,

You will see from the sites above ASCAP does not require a  
broadcaster who elects to use  a blanket license to 'report', but PPL  
license holders do have to report.
With respect, re your position at SOCAN, I put it to you the manner  
in which SOCAN deals with the broadcaster[s] is of great concern not  
only to SOCAN members but also those 'overseas' who have music on air  
in Canada.

Are broadcasters in Canada held to similar rules as those in the EU  
wherein they have to report all music used?

>>
>> Multiple PROs:

Those I know who have joined multiple PRO's have seen significant  
increases in income.
In one instance senior US PRO staff were dispatched to a 'series'  
composer in an effort to dissuade him since the income generated by  
his music overseas was significant.
When he left to join GEMA/SACEM/SGAE/PRS for various territories it  
was a huge blow to this particular US PRO.
Perhaps SOCAN's logic in this regard is $$ based.

BTW.... does SOCAN offer pension schemes to its members a la GEMA/ 
SACEM etc?
>>
>> Commercials: You're right, SOCAN does not pay or collect  for  
>> commercials,
>> 60 secs or less, aired in Canada.

Would you be kind enough to be very specific here.
The indication is SOCAN does not 'collect' for commercials, am I  
correct in the assumption 'collect' means commercials are not part of  
any negotiation with the broadcasters and as such the broadcasters do  
not pay for this music?

As such this leaves a few more questions [you did ask for them ;-)]

1	On what data 'basis' does SOCAN negotiate a reduction of a  
broadcasters fee?
	Does SOCAN negotiate based on  the percentage of airtime allocated  
to commercials?
	How does SOCAN know what that % is?

2	What are the rules of copyright in Canada?
	If music is broadcast and not paid for, how does this 'work' with  
Government copyright laws?

Does SOCAN pay for infomercials?

>>  It's a matter of policies and resources and while surely here,
>> in a board full of A/V composers, commercials are a large focus,

I am going to assume when you say 'board' you mean this 'list'?
All walks of musical life are on this list.  Mostly very quiet ;-)
>> with
>> other members it would be much preferred that we pay a different  
>> area as
>> theoretically a composer of a work in a commercial has already  
>> been paid

You may not be aware of an org which existed in the USA, The AACO.
The song writers who bravely went against the political grain and  
joined the ACCO had a similar view to commercials as that expressed  
above by you/SOCAN.
Basically, 'why pay a performing right when the composer has already  
received many thousands of dollars in fees etc.'.
It was a joy to see the light go on when they finally got the real  
picture which is, many composers [especially Library music folk]   
often only see a few dollars and in some cases a single penny for the  
'license' fee.

So with respect I find the SOCAN attitude to be out of touch with  
reality.

>> while a person having their song covered on stage has not.

Again, one of the things discussed in those heady AACO days was the  
simple fact, when a 'pop' song is used on TV or in a movie the dollar  
amount involved for the license is huge, so one might argue as per  
the SOCAN 'commercials' POV....... if a song is paid via a license  
then it need not be paid any performing right royalty !

>> It's a
>> difficult line to walk and it does get revisited from time to time  
>> but
>> that's the best I can give you at the moment.

And I thank you again for your honesty, time and hopefully ongoing  
dialog.

Very best

Les

>>
>