[Fmpro] even more on theatrical performances

[CORBERLAW@aol.com]

in the last _fmpro-request at nxport.com_ (mailto:fmpro-request at nxport.com) , 
Mark  Northam writes:

ASCAP  should be the one litigating this, not individual composers.  Perhaps
instead of spending huge sums of money giving awards to Marilyn  Bergman or
flying Marilyn Bergman and the staff around the world first  class to clink
glasses with other PRO suits, they might consider spending  money overturning
what is arguably the most costly PRO legal decision in  history.
>>perhaps, but then there was the Reimer boner with respect  to digital music 
downloads that Connor rejected.



But what do they do? They agree, IN WRITING as part of the AFJ2  deal with
the government 2001, not to pursue royalties from movie  theater
performances. Here's the exact language:

"ASCAP is hereby  enjoined and restrained from granting to, enforcing
against, collecting any  monies from, or negotiating with any motion picture
theater exhibitor  concerning the right of public performance for music
synchronized with  motion pictures."
ASCAP AFJ2 Agreement, 2001

Perhaps that's because they don't want to admit that it was their own  greed
and arrogance when they attempted to raise the "seat tax" 300% on  movie
theaters that got the royalties discontinued in the first place in  the
1940s. Before that, royalties were paid by movie theaters to ASCAP!  Read
"Pennies from Heaven" by Russell Sanjek for all the gory details. The  old
Texas saying, "You broke it, you fix it" comes to mind...
 
>>ASCAP greedy?  I'm  shocked.

Talk about selling out score composers - as if  the crushing "weightings" for
score music and the automatic features for all  background vocals on TV shows
was not enough. 

It really shows you  what ASCAP thinks of score music and those who write it.
ASCAP should be  kicking and screaming about this horrific legal precedent
that has cost  composers way more money than things like the small-restaurant
exception, etc  passed in the 1990s did, and doing anything and everything
they can to get  this outrageous  exception, which is completely out of step
with world  norms, discontinued.
 
>>SO, what's to be done about it?  

Instead they sign off on continuing it. Exactly why we  need a new Board
there that has some concept of music other than "the great  American
songbook" and such. If the current board members don't care enough  about
score music to fight this clearly unfair policy, let them retire and  let's
get some new blood on there that isn't tied to the prejudices of the  past.

Great argument for term limits for ASCAP Board members.
 
Your focus is too broad, target one board member and  go after that member 
and hammer them until they leave, then target the  next member and so forth.  
Somewhere along the way, target certain  executives one at a time and expose 
them.  
 
You don't have the resources or the humanpower to  effect broad reform of 
ASCAP.
 
Meant to elucidate not  castigate.
 
Best regards,
 
Brian Lee Corber
attorney at law
_corberlaw at aol.com_ (mailto:corberlaw at aol.com) 
818-399-4735  
 


 



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