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16 Cards in this Set
- Front
- Back
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What are three sources of copyright revenue?
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1--performance based
2--phonomechanical 3--synchronization |
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What is performance based copyright revenue?
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Public broadcast or performance of copyrighted music.
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What is phono-mechanical copyright revenue?
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Recording of copyrighted music for distribution.
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What is synchronization?
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Use of copyrighted music in visual media.
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What was the first performance rights organization and when was it founded?
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It was ASCAP which was founded in 1914 by writers and publishers to police and collect revenues from venues that hosted copyrighted music.
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ASCAP
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American Society of Composers, Authors, and Publishers
--ASCAP presently claims a membership of over 380,000 members --they collect an annual blanket license rate (approx. 2% of all gross receipts) from radio and television stations |
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What was the Fairness in Music Licensing Act?
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It said that food service establishments and "other establishments" (health clubs, concert venues) under 3750 gross square feet are exempt from a fee.
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BMI
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Broadcast Music Incorporated
--established in 1940 by radio broadcasters and independent record company people --frustrated by ASCAP's monopoly on performance rights --membership of over 300,000 --blanket license of 1.6% of all gross receipts |
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SESAC
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Society of European Stage Authors and Composers
--founded by a German immigrant Paul Heinecke in 1930 --established to help European publishers with their American performance royalties --membership=about 9,000 --fees are considerably lower than BMI and ASCAP |
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What are the initial membership fees for ASCAP and BMI?
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ASCAP: $35-internet, $75-mail
BMI: $0-writer, $150-publisher, $250-large corporation |
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What kinds of problems with copyright and royalties are associated with performance rights organizations?
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---Even though copyright may be complete, writers/publishers must register their works to ensure revenues for performances.
---Performance rights organizations do not track copyright renewal and transfers from the Copyright Office. ---Royalties can be complicated if co-writers are affiliated with different organizations |
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Who are some of the licensees?
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--broadcasters-radio and television
--concert venues --jukeboxes --restaurants --health clubs --hotels --conferences |
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What 3 things do the fees depend on?
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1--size of the licensee
2--usage of music 3--type of facility |
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What is music surveying and why is it important?
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Logging when songs and music is being performed or broadcasted.
Television is strictly logged while broadcast radio is a little more difficult. ASCAP and BMI used 3rd party services to sample and survey local radio data. It is important to track when the songs are being broadcasted or performed so that performance rights organizations can accurately collect and distribute royalties to publishers, writers, and authors. |
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How do the 3 performance rights organizations' payment systems differ? How are they the same?
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All 3 use their own individual system.
ASCAP bases payments on a point system using "credits" tabulated from several factors such as time of day and usage. BMI's rate vary widely depending on usage and genre. Writers and publishers receive the same amount (50-50) in both systems. |
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Should performers get radio royalties?
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Currently, performance royalties are paid out only to songwriters and publishers.
Some say it's the singer, some say it's the song. |
