publishers
Songwriters Vs. Publishers
Publication Type:
Magazine ArticleSource:
Billboard, Volume 4, p.04/17 (2010)Call Number:
AprilURL:
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Copyright Lawyers all over are preparing themselves greatly for 2013. This year marks the first year that works registered under the 1976 Copyright Act in 1978 (the first year the act was in effect) become subject to “termination”. For many it means that the original creators of these works can take them back from whichever corporation they signed them away to unknowing how valuable they would become over the years. The biggest issue at hand is for the performers’ potential termination of copyrights in sound recordings leading to inevitable battles between labels, bands, producers and other people involved in the original recording over who is really the original “author” of the recording. The Eagles say they will send out termination notices even though litigation will be a likely outcome. Under the Copyright Act copyrights are “subject to termination 35 years from the date of execution of the grant”, however if the grant covers the right of publication “the period begins at the end of 35 years from the date of publication of the work under the grant”. This tangled mess of legal jargon leads has always lead to disagreements between songwriters and publishers but as 2013 approaches the possibility of full-blown lawsuits becomes more and more real. There are many gray areas where songs written under exclusive songwriting agreements fall through the cracks between the two different copyright acts. It’s hard to say when the clock starts ticking on a song: when the song is actually written, or when the term of the agreement the song is written under starts? There is one thing for certain. There will be more than enough legal work to go around to straighten out these various scenarios.
The Cost of Bad Data
Publication Type:
Magazine ArticleSource:
Billboard, Volume 6, p.02/27 (2010)Call Number:
FebruaryURL:
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With the rapid success of digital music, artist, labels and publishers have been suffering because of lack of reliable digital music royalty reporting, leading to performance rights organizations being unable to distribute rightful royalties to the appropriate parties. SoundExchange, a NPO tasked to distribute digital performance rights royalties for satellite radio and internet music streams ended 2008 with $40 million in royalties that couldn’t be distributed due to lack of data and other $39 million in escrow for artists and labels who neglected to register with SoundExchange. There are ways to improve reporting, but there are many steps that the industry must take now. Artists and copyright holders should first register with SoundExchange, and also another PRO such as ASCAP, BMI or SESAC. Copyright holders must include all relevant meta-data on digitally released tracks, including at the very least artist, copyright holder or label, and track and album titles. Music services also need to take responsibility for accurate reporting. Copyright holders must register their works to make tracking data easier, and finally the music community must promote the exchange of data and payments by standardizing reporting. The bottom line is everyone can do more to ensure that performance royalties are being paid to the appropriate people.
So Many Stars
Publication Type:
Magazine ArticleSource:
Billboard, Volume 7, p.01/16 (2010)Call Number:
JanuaryURL:
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Spirit Music Group has acquired the song catalog of renowned lyricists Alan & Marilyn Bergman, responsible for many hits recorded by the likes of Frank Sinatra, Barbra Streisand, Michael Jackson and many more. Alan & Marilyn’s catalog includes over 300 songs that span their 50 year plus career of writing together. The two started writing together in the mid-50’s and were married shortly thereafter in 1958. The two are also among the last living writers of the Great American Songbook era, have won three Academy Awards, two Grammys and many other honors. Marilyn also served for 15 years as president and chairman of ASCAP, retiring in 2009, but still serving on the ASCAP board. The two are still very active and still focused on songwriting. Mark Fried, president and CEO of Spirit music has long been invested in veteran songwriters. He started the publishing company in 1995 with that in mind because he had been hearing from veteran writers that major publishing companies were becoming too big and hit-focused to manage their catalogs. Along with their newest acquisition Spirit’s catalog now includes more than 20,000 titles including works of Lou Reed, Chaka Khan, Andrea Bocelli and the Grateful Dead. Spirit also shows versatility by working with newer acts such as MGMT and the Scissor Sisters.
Battle Tested
Publication Type:
Magazine ArticleSource:
Billboard, Volume 6, p.10/31 (2009)Call Number:
OctoberURL:
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The past year and a half has been a constant battle for Music Publisher’s as they have tried to establish new royalty rates for music. Looking back, their persistence has paid off. The RIAA, the Digital Media Association, and the National Music Publishers’ Association all reached a settlement in June 2008 that set royalty rates for interactive streams and tethered downloads. The Copyright Royalty Board followed up that victory in October 2008 with a ruling that set mechanical royalties for digital and physical music, which also included setting a $0.24 statutory mechanical royalty rate for mastertone ringtones, with an additional 1.5% late fee on the payment of mechanical royalties. Another big win for the NMPA was a recent agreement with the RIAA that will gain music publishers $264 million in mechanical royalties held by 4 major labels. This settlement will change many of the habits of major labels that have been withholding song royalties. These changes will help make sure that labels properly license works before they release albums (digitally or physically). Lucky for music publishers, the NMPA has proven it is successful at skillfully navigating the potentially perilous waters of royalty rate negotiations.
