A to Z of Making It, Copyright, Music, My Stories, Stupidity

Who Should Watch Over The Royalties?

Last year, the Music Modernization Act became law, in an attempt to fix some aspects of Copyright. While it had a nice clause about moving some very old music into the public domain, the issue that got all the artists excited was the changes required to the mechanical licensing process for songwriters, making it easier for songwriters to get the royalties they are owed.

But.

In all the excitement no one thought to read the details. The law gives birth to a new collection society for these mechanical royalties. So companies/organizations had to submit their proposals to The Copyright Office. And the one that looks like it could win the “bid” (the National Music Publishers’ Association (NMPA)) is one of the organizations which caused part of the current mess with royalties.

In other words, it’s another system created to move money to the big music publishers and away from independent artists.

The publishers have the PR down, telling people how they represent all songwriters which is not quite true.

And independent songwriters make up 99% of the music business, but they are all confused about what is going on and what they need to do to collect their royalties. Trusting in organizations to do the right thing is not really a good business model. And in times of confusion, the one that benefits most, is the one in power, which is the NMPA.

As the Techdirt article explains:

There is a pot of unclaimed royalties that have already been paid by music services that is estimated to be between $1.5 and $2.5 billion.

With so much money at play, the new organization will need to create some fancy algorithms to match the monies to the songwriters. However, the new law also gives the new organization a POWER to distribute any unclaimed royalties to themselves after a three year period.

So how proactive do you think this new organization would be to find these independent songwriters?

And this kind of conflict of interest isn’t new. SoundExchange is a good example. In 2005, this new body was formed, a spin off from the labels to collect online royalties and by 2009 it had a lot billions of unclaimed royalties to couldn’t match, even to well known artists.

If the NMPA gets the green light from the Copyright Office they will control billions of dollars in royalties. It’s more power to the old legacy players.

As the are Techdirt article states, the biggest challenge to being a successful independent musician is not piracy, but rather the legacy industry getting in the way and keeping money it owes independent musicians.

The Techdirt article.

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Copyright, Music, My Stories, Stupidity, Treating Fans Like Shit

Theatre Of Copyright Business

Dave Mustaine recently posted the following on Twitter;

It’s a big week for songwriters all over the country, on Tuesday, the Senate passed the Music Modernization Act, the most important piece of legislation in a generation, making sure songwriters are paid the fair market value when their songs are played.

Steven Tyler was one of the biggest lobbyist for this Act to pass.

Nikki Sixx posted the following on Facebook about another Copyright fight in Europe that looks like it’s going to get the green light;

Fantastic news. This started with artists who had the courage to use their voice’s and standing up to an industry that wasn’t willing to change.I am very proud of all those artists and happy to see the ball rolling in the right direction.Without compensation artists can’t afford to keep making the music.We are just getting started.

There is a lot of opposing opinions to Nikki’s post from EU citizens that highlighted issues with the new EU Copyright Reform especially Article 11 and 13.

The real rock stars these days are the fans.

The artists think they make a little coin and they’ve won some victory. They are clueless to the social impact these laws create in handing even more power over to the Corporation.

The enemy is the labels. Artists should take up arms against them, instead they are taking up arms against the consumption methods of their fans.

Remember the labels want the old world, in which they had control over the distribution and before Napster they tried real hard to get perpetual copyright. Then again Nikki Sixx owns his Masters and was involved in setting up a label. So his record deal is with himself. Isn’t he making enough coin?

Both of these Acts originated from the corporations instead of the artists. The labels always win and the public domain gets nothing again. The label executives fly private while 98% of artists fly economy.

No Government should be allowed to add new rights to works created decades ago. Those works got created under the laws at that time, which suited the artist just fine however they have been changed retroactively too many times and now those works are under copyright for close to 110 years.

Copyright law is about creating an incentive for new creativity and to enrich the public. It’s a trade off. Adding new rights to old recordings doesn’t create any incentive for new creativity.

If you want to read about the US Act, read these two articles;

EFF Article

Techdirt Article

For the EU law read the following articles;

EFF Article

Techdirt Article

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