ASCAP, BMI, SESAC - FRIEND OR FOE?

As a topic, performing rights societies will do doubt be revisited here time and time again. One of the first things to understand is that they represent the individual or entity that owns the copyright in a musical composition, and they pay their members based on broadcast use of that material. If you didn’t write the song – there’s no money; and if there isn’t any broadcast use of the song – there’s no money.

Currently, a contentious issue is whether the PRS format in the US should be modified to compensate not only the owner of the composition, but the owner of the sound recording copyright, as well. SoundExchange pays royalties to sound recording owners (typically a record label), but for on-line digital broadcast, only. For every track played over traditional terrestrial radio airwaves, only the composition owner (typically a publishing company) receives public performance royalties. It’s been that way forever.

This distinction is particularly important for cover songs, especially those that become more popular than the originals. Classic rock examples include Joe Cocker singing “With a Little Help From My Friends”, and Aretha Franklin’s version of “Respect”, among others. In these instances, the recording artist (or his/her record label) does not receive performing rights society royalties, only the underlying music publisher.

And David Byrne isn’t happy. A recent post by Byrne points out potential unfairness to great jazz musicians who played on sessions, recording traditional material; and the fact that other countries do in fact pay for broadcast use of the sound recording. Byrne argues that foreign broadcasters pay that royalty, which is collected by a foreign PRS, and is funneled back to the applicable US organization – where it sits.

Link here for an update on Byrne’s efforts, including videos of both his cover, and the original Biz Markie performance, of “Just A Friend.”

 http://www.okayplayer.com/news/david-byrne-biz-markie-just-a-friend-live-cover.html

PS – Here is a personal confession. I learned about Biz Markie thanks to my four year old daughter and the show Yo Gabba Gabba. Three cheers for DJ Lance and crew!

WELCOME TO TOLEDO MUSIC LAW

Why a Toledo-based music law blog? I say, Why not? Granted, this isn’t NYC, LA or Austin, but Toledo has contributed musicians to the worlds of jazz (Art Tatum and Jon Hendricks) and rock (Gary Louris), not to mention one of today’s hottest EDM exports (Wes Quinonez performing as Le Youth). And yes, many names could have been mentioned just as easily.

Some local players move on to bigger markets, but return to Toledo for homecoming shows and special events. Others play locally, but take off on periodic tours for weeks, or months, at a time. Through digital distribution, local artists can sell their tracks world-wide. We have a symphony. There is college-level music education, community college music technology programs, and Toledo School for The Arts. Our scene includes buskers, house concerts, clubs, theaters and concert halls. In my own circle of local friends and acquaintances, I am proud to know several musicians that support themselves solely by playing (or more precisely, by being paid to play) music. We still have independent record stores! In short, the business of music is alive and well right here in Toledo.

Check back periodically for updates on trends and legal developments impacting local Ohio artists, venues and promoters. Potential topics include performing rights societies (BMI, ASCAP, SESAC), revenue streams for musicians, etc. Leave a comment, or if you need guidance on a specific issue, send me an email.