[Fmpro] Judge Sets ASCAP Streaming Fees

[Robert Stanton]

You are so write! ;-)  streaming should be considered a performance just as
much as radio airplay.

Robert Scott Stanton
San Francisco Bay Area, CA
zolessi at comcast.net
http://www.soundclick.com/bands/default.cfm?bandID=822049

-----Original Message-----
From: fmpro-bounces+zolessi=comcast.net at nxport.com
[mailto:fmpro-bounces+zolessi=comcast.net at nxport.com] On Behalf Of
Christopher Alpiar
Sent: Thursday, May 01, 2008 12:22 PM
To: fmpro at nxport.com
Subject: Re: [Fmpro] Judge Sets ASCAP Streaming Fees

Seems to me this is an awesome step for us moving forward. We have  
many more battles ahead but at least we are going to get royalty from  
streaming media. Now we have to get them to realize that a download,  
while not technically a streaming performance, must be considered an  
intended performance and come up with a means of getting paid there


On May 1, 2008, at 3:15 PM, Christopher Alpiar wrote:

> from Billboard today
>
> Judge Sets ASCAP Streaming Fees
> May 01, 2008 - Publishing
>
> By Susan Butler, N.Y.
>
> License fees that AOL, RealNetworks and Yahoo! must pay to ASCAP for
> streaming music of the performing rights organization's members have
> now been set by a federal court judge.
>
> The three services, which are parties to a rate-setting proceeding  
> in a
> federal District Court in New York, may obtain a non-exclusive blanket
> license from ASCAP for unlimited performances of all songs in the
> PRO's repertoire through Dec. 31, 2009.
>
> The fee for the license is 2.5% of the service's "music-use-adjusted
> revenue."
>
> Music-use-adjusted revenue is determined by multiplying the total
> revenue of the licensed business unit (i.e., the digital service's
> business unit that streams music or other content that includes
> music), less customary deductions for advertising sales commissions
> and traffic acquisition costs, by a music-use adjustment fraction.
>
> That fraction is determined by using as a numerator the total number
> of hours music is streamed to users by the service (as currently
> measured by each service) and by using as a denominator the total
> number of hours of use of the service's Web site (as measured by
> comScore or other means approved by the court).
>
> "This historic decision, for the first time, provides a clear
> framework for how the online use of musical works should be
> appropriately valued," says ASCAP CEO John LoFrumento. "This decision
> also provides clear validation of the flexibility and applicability of
> the ASCAP blanket license model relative to the use of musical works
> on the Internet - something the court itself specifically noted in its
> written decision."
>
> The 153-page decision was made public late yesterday.

_______________________________________________
The Film Music Pro List is sponsored by Film Music Magazine -
http://www.filmmusicmag.com

Best of FMPRO: http://www.fmproquotes.com - Quotes site  by Billy Hale Music

To edit your list options or unsubscribe, visit:
http://nxport.com/mailman/listinfo/fmpro