[Fmpro] Judge Sets ASCAP Streaming Fees

[Robert Stanton]

A download goes to your hard drive a streaming file does not load to the
hard drive - it plays in real time even though it may be a re corded
performance.
~R

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 2:10 PM
To: fmpro at nxport.com
Subject: Re: [Fmpro] Judge Sets ASCAP Streaming Fees

well that's what they decided in court. I am saying that a DOWNLOAD  
should also be considered a PERFORMANCE. They just gave a monetary  
figure to streaming performance. Do you know the difference between a  
downloaded file and a streaming file?

Christopher Kennedy Alpiar
Cinematic Composer
937.294.0900 (Dayton Studio)
310.339.9603 (Los Angeles)
877.294.0912 (Toll Free)
www.alpiar.com


On May 1, 2008, at 4:59 PM, Robert Stanton wrote:

> 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.
>
>
>

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