[Fmpro] FMPRO Digest, Vol 37, Issue 24

[CORBERLAW@aol.com]

In a message dated 5/23/2008 5:03:17 AM Pacific Daylight Time,  
fmpro-request at nxport.com writes:

We can  start with the film companies showing films in US movie theatres with
ASCAP  and BMI legally prevented from pursuing royalties for those
performances.  That kind of "free music" has cost composers millions over the
decades that  particular "exception" has been in place (since the  late
1940s).

Best,

Mark N.


Hi, Mark,
 
You, me, Holden and Hurdle have discussed the Alden-Rochelle case  decision 
for years.  i have a copy of the case decision in my files  somewhere.
 
Inasmuch as it is a legal precedent of more than 50 years  standing, the only 
realistic way of overcoming it would be to re-litigate the  issues in court.  
That means if there is any serious movement to overturn  this case, creators 
will have to bite the bullet and actually consult with and  pay for attorneys 
to do it.  Expect a fight from the MPAA,  NATO and, likely, every studio in 
town, and  internationally, as well.
 
Additionally, if producers see that composers have a new income  stream from 
theatrical showings, they'll want a piece of it for themselves or  will seek 
to reduce composer fees and residuals, if any,  accordingly.
 
Meant to elucidate, not castigate.
 
Brian Corber
Attorney at Law
_corberlaw at aol.com_ (mailto:corberlaw at aol.com) 
  



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