Thursday, February 27, 2014

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.”


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!

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