[Fmpro] Artists Performance Rights

[Kevin Mathie]

In this month's edition of Musician (AFM's journal), there was a  
blurb about Artists Performance Rights (see page 4). Does anyone know  
much about the details of how this would be implemented? I'm assuming  
ASCAP/BMI/SESAC would administer the rights. Do you know who all  
would be considered "performers?" Would it be just the lead singer/ 
performer? Or would it include the sidemen? On instrumental cues that  
are sequenced by the composer, would we be compensated as "artists"  
as well as composers? And what about musicians who double  
instruments? Would they be compensated more than those who play just  
one instrument?

A couple thoughts I had:

1) Without knowing much about the details of this particular proposed  
bill, I do agree in theory that artists should be compensated for the  
performance of their recordings, just like composer do. How this  
compensation should be divided between the front men/women and  
sidemen/sidewomen, I don't know, but I think it's fair that everyone  
should be compensated for their work. Also, I'm hoping that artist  
compensations would extend to composers who play on their own  
recordings. Right now, we're only getting compensated for creating  
the music. Our artistry in playing on the recordings isn't being  
payed for at all. I hope that the Artist Performance Rights aren't  
just for the "front men/women." I hope the bill will be inclusive of  
all musicians.

2) I think that adding artists into the compensation mix could  
potentially be good for us composers, too. Yes, it may divide up the  
financial pie somewhat, BUT, in return we may gain more clout in  
getting the PROs to more accurately track our compositions. Afterall,  
if this bill goes through, we would have the AFM potentially watching  
out for the performers rights -- a union that unfortunately does not  
watch out for composers' rights at this time. So, if it becomes clear  
to the performers and the AFM that compositions aren't being tracked  
well, nor is there enough accountability or disclosure regarding the  
money that comes and goes through ASCAP, et al., perhaps there will  
finally be enough clout to force the PROs into being more accurate  
and accountable. It's clout that we as composers unfortunately don't  
have at this time.

Thoughts anyone?

Kevin