Re: [CEC] EA Performance Rights


Subject: Re: [CEC] EA Performance Rights
From: Barry Schrader (ls@barryschrader.com)
Date: Thu Nov 03 2005 - 02:47:59 EST


Tom:

I was not referring to "credits", which only come from reported performances
or broadcasts in licensed venues. I was referring to the ASCAPlus Awards
which are given in recognition "for writer members of any genre whose
performances are primarily in venues not surveyed." (See
<http://www.ascap.com/about/specialawardsinfo.html>.) These monetary awards
have nothing to do with credits. What composers report can be performances
in any medium, including unreported broadcasts.

> From: Tom Lopez <Tom.Lopez@oberlin.edu>
> Reply-To: cec-conference@concordia.ca
> Date: Wed, 02 Nov 2005 16:28:04 -0500
> To: cec-conference@concordia.ca
> Subject: Re: [CEC] EA Performance Rights
>
> 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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