You may have heard that the United States Department of Justice (DOJ) is investigating potential anticompetitive behavior by major music publishers and Performing Rights Organizations (PROs), which collect and distribute royalties to songwriters and publishers for the performance of musical compositions. These “blanket licenses” are made possible by DOJconsent decrees and cover all forms of broadcast as well as concert venues or other establishments that publicly perform music (think bars or restaurants).
Make no mistake, PROs are crucially important to songwriters. They provide leverage to artists who wouldn’t otherwise have it in rate negotiations with music services; they pay their songwriter members directly under fair splits (50-50 between artist and publisher); and they allow music to be efficiently licensed to AM/FM, Internet and satellite radio, which means listeners have more opportunities to hear music, and songwriters have more opportunities to get paid.
Yesterday (June 25, 2014), the House Subcommittee on Courts, Intellectual Property and the Internet held yet another hearing in its ongoing review of existing copyright law. (We’ll post a full recap shortly; check out our previous coverage here.) Today, we’ll focus on one particular topic that has come up repeatedly in Congress and elsewhere: the lack of federal copyright protections for recordings made before February 15, 1972. read more
If you think about classic rock, soul, jazz, r&b and pop music, lots of names come to mind—the Beatles, Aretha Franklin, Miles Davis and Elvis, to name a few. What you may not realize is that federal copyright law doesn’t apply to recordings made by these performers before February 15, 1972.
This exception makes it hard for these artists—and thousands of less-known musicians and performers—to be paid for their contributions to musical culture. read more
WASHINGTON, DC—Today, Representatives George Holding (R-NC) and John Conyers (D-MI), introduced the RESPECT Act, a bill meant to create a limited performance right for the use of sound recordings by satellite and Internet radio companies.read more
Future of Music Coalition submitted the following comments to the United States Copyright Office in its Notice of Inquiry on the Music Licensing Study. We examine the state of music licensing in America, and how the current regime impacts musicians, songwriters and independent labels.
On May 7, 2014, Representatives Marsha Blackburn (R-TN) and Anna Eshoo (D-CA) introduced H.R. 4588, the Protecting the Rights of Musicians Act [PDF], which aims to get performers and labels paid when their music is played on AM/FM radio.
This proposed legislation is interesting for a couple of reasons. First, it demonstrates the growing bipartisan consensus that performing artists deserve compensation when their music is used in over-the-air broadcasts. Second, it shows how members of Congress who have disagreed on many issues—including the Stop Online Piracy Act (SOPA)—can come together to do the right thing by creators.
At FMC we’re all about artists getting paid for the use of their work, particulary when the music is used by large, publicly traded companies. But if the labels are so keen to make sure that performing artists (or their heirs) are being properly compensated, there’s a better way to do it.
As nearly two hundred artists, producers, engineers, and music professionals traveled to Washington DC for “GRAMMYs On The Hill” last week, now is a great time to review the status of an important and recurring issue facing recording artists. Artists and record labels, large and small, do not get compensated for the use of their recordings on AM/FM (“terrestrial”) radio. The recording industry would like to see a change in this area, so that working musicians (not just the superstars) can make a fair living making recordings that we as fans want to hear on our local radio stations. It costs money, time, as well as talent, to create great records.
There’s been a lot of back-and-forth regarding a recent court ruling that maintains the current royalty rates paid by Internet radio company Pandora to ASCAP, a 100 year-old performing rights organization (PRO) that collects money for AM/FM and Internet radio play then distributes that revenue to songwriters and publishers.
In the coming days, we hope to offer varying viewpoints from individuals and groups in this ecosystem. For now, we’ll try to demystify this decision and the licensing frameworks that informed it.