Saturday, January 29, 2011

Digital Royalties


Any artist making a real attempt at a career in the music business should be familiar with the performance rights organizations ASCAP, BMI, and SESAC.  If you don’t know about these organizations do an Internet search for their websites. Their job is to collect and pay out any performance royalties you as an artist or publisher might be owed from broadcasters, jukeboxes, etc. Make sure you check them all out thoroughly before you submit an application. You can only affiliate with one of the three and they are all different in the way the operate and run their organizations.

But what about when your music is played on Internet radio, satellite radio, or cable music services? In those situations these companies have absolutely zero power to get you paid anything at all. Most new artists either don’t know this fact or they aren’t aware that they are even owed money from those establishments in the first place. This is where SoundExchange comes in.

The Copyright Royalty Board, appointed by the Library of Congress, has chosen SoundExchange to be the sole digital performing rights organization in the United States. They have built an impressive track record for defending the rights of the music industry over the last five years.  Thanks to their efforts, in December of 2010, the Copyright Royalty Board decided to increase the per-performance royalty rate almost fifty percent. According to the SoundExchange website, SoundExchange has paid out over $537 million dollars in royalties since it’s inception.

There is another thing that sets SoundExchange apart from the other performance rights organizations. In addition to songwriting and publishing royalties, they collect royalties on behave of the owners of the master recording copyrights. The copyright owner for a master recording is a typically a record label. Sometimes though, particularly with unsigned artists, the songwriter may own the copyrights to the master recordings or maybe a publisher owns them. Either way, its money owed that the traditional radio broadcasters have been weaseling their way out of paying for a long time.

No matter where you’re at in your career it’s a good idea to register with SoundExchange so that you can get your digital performance royalties if and when your music gets played in digital. If you don’t register, you’ll have a pretty slim chance of getting paid your digital performance royalties or even knowing when your music is being played digitally in the first place.

To have career in music you have to make money in music. SoundExchange is a good start.

Copyright Extremism

Copyright laws have been a hot issue over the last decade, mainly due to file sharing technology, and nobody has been affected by this more than the music industry. But what’s just as important as copyright infringement is how the industry deals with it.

In the TED.com video “Larry Lessig on laws that choke creativity” Larry Lessig, a lawyer and Harvard professor, argues that copyrighted content should be freely available for non-commercial artistic use. Lessig claims that extremism on both sides of the copyright war are creating corrosive situation in which younger generations are put in a position where they knowingly operate outside the law without doing any real harm. It seems that he would agree with me this is counterproductive. On one side there are those who believe that no copyrighted work should be used for any purpose without paying for that use and there are the other extremists who believe in operating outside of copyright laws whenever they can get away with it whether it be by illegal downloading, plagiarism, etc. But, there is a middle ground.

http://www.ted.com/talks/lang/eng/larry_lessig_says_the_law_is_strangling_creativity.html

This all ties back to the major record labels fighting change. Rather than accept the inevitable change and adapt to the new market, they would rather go down with the ship. That’s all good and fine but it’s not stopping there. The major labels are angry that industry is changing and they want revenge. They are taking as many people as they can down with them through lawsuits, criminal charges, injunction, etc. The biggest problem with this isn’t that they don’t have the legal right to these actions. The problem is how these actions affect the consumer’s perception of the music industry as a whole. It’s easy for people to justify stealing music when the companies they are stealing from sue teenagers for tens of thousands to hundreds of thousands of dollars. Who’s side do you think the average consumer is on?

I’m not suggesting people be allowed to download music for free. I’m merely pointing out that how the problem is being dealt with is only hurting the industry’s relationship to its’ customers. As Lessig said,  “Extremism begets extremism”.