Re: [CEC] EA Performance Rights


Subject: Re: [CEC] EA Performance Rights
From: Tom Lopez (Tom.Lopez@oberlin.edu)
Date: Wed Nov 02 2005 - 16:28:04 EST


I don't think ASCAP will credit composers for self-reporting radio
broadcast. To get credit, your broadcast has to be included in the
surveys ASCAP requests from radio stations. Please correct me if I'm
wrong about this!

In all the years I've produced Foldover on WOBC (six years now), I
don't believe ASCAP has ever asked to see our playlist. As far as I
know, no one on my program has been paid. However, every year WOBC
carefully pays fees to all the rights organizations (BMI, ASCAP,
internet, and so on) - so our money goes into the collection pool.

My fear of course, is that ASCAP and BMI only take surveys from pop-
format stations and our works will never appear on those playlists.
Then again, the commercial stations pay substantial sums into the
collection pool (small, college-run stations pay relatively little)
and it's no secret that money collected from commercial and pop
venues support classical composers.

Tom

On Nov 02, 2005, at 4:07 , Jon Nelson wrote:

> BMI similarly has composers report their performances (though not the
> radio broadcasts, since this is monitored solely by BMI),
> Jon
>
>
>>>> ls@barryschrader.com 11/2/2005 2:44 PM >>>
>>>>
> Yes, but, with ASCAP, at least, the composer submits a yearly report
> on
> known performances of any kind to an Awards Panel which then, at its
> discretion, "awards" the composer monetary compensation for the past
> year's
> performances. I don't know if organizations in other countries do
> something
> similar. Of course, the problem is that the composer must be aware of
> the
> performance. It's difficult to know of all radio performances, but
> there
> are monitoring services (with which I'm not familiar and for which one
> has
> to pay) that claim to survey commercial and noncommercial broadcasting
> (and
> even some webcasting) stations.
>
>
>> From: David Mooney/Maxine Heller <moko@city-net.com>
>> Reply-To: cec-conference@concordia.ca
>> Date: Wed, 02 Nov 2005 08:52:50 -0500
>> To: cec-conference@concordia.ca
>> Subject: Re: [CEC] EA Performance Rights
>>
>> This is so, but only if the venue sends ASCAP, etc., a list of what
>> they play. IME, this doesn't always happen. Same with radio
>> broadcasts. If the station doesn't send ASCAP a play list, the
>> composer gets no royalties. So it is at least partially an
>> "enforcement" situation.
>>
>> At 11:43 PM 11/1/2005, you wrote:
>>
>>> Elaine:
>>>
>>> Your former student is operating under a misconception. Performance
>>>
> rights
>
>>> must be obtained from the copyright holder or from the legal agent
>>>
> of the
>
>>> copyright holder (such as ASCAP or SOCAN) for a public performance.
>>> Normally this is done through a blanket license held by the venue
>>>
> where the
>
>>> public performance is made. Most colleges and universities have
>>>
> these sorts
>
>>> of licensing agreements. [...snip...]
>>>
>>
>> David Mooney: dmooney@city-net.com
>> Maxine Heller: mheller@city-net.com
>> Opaque Melodies: www.city-net.com/~moko/
>>
>>
>>
>
>



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