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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