[Fmpro] music in movies shown in theaters, more

[CORBERLAW@aol.com]

In a message dated 5/24/2008 5:03:00 AM Pacific Daylight Time,  
fmpro-request at nxport.com writes:

Mark Northam wrote on 
_fmpro-request at nxport.com_ (mailto:fmpro-request at nxport.com) :

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.


Perhaps that is true.  But that music wasn't free, the  producers of the film 
paid for the composer's services and  copyright.
 
The real danger might come from the implied license concept.   When the 
composer enters into the deal, he/she grants an implied license to the  producers, 
studio and theater which includes theatrical performances.  
 
Besides that, ASCAP's own arrogance has cost many people more money  than 
they'd ever have paid a private attorney to protect them and you  cannot sue 
ASCAP for PRO malpractice.
 
What about all the music played by theaters during  intermissions?  Is that 
licensed or is that free?
 
Best regards,
 
Brian Corber
attorney at law
_corberlaw at aol.com_ (mailto:corberlaw at aol.com) 
 
 
 
  



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