[cc-community] What about ASCAP?
Sincaglia, Nicolas
nsincaglia at musicnow.com
Wed Jul 20 14:48:06 EDT 2005
ASCAP holds firmly on their right to represent the performing rights of
a composition only. Mechanical rights, sync rights and any other rights
are represented by a composition's publishing company.
-----Original Message-----
From: cc-community-bounces at lists.ibiblio.org
[mailto:cc-community-bounces at lists.ibiblio.org] On Behalf Of drew
Roberts
Sent: Wednesday, July 20, 2005 1:42 PM
To: cc-community at lists.ibiblio.org
Subject: Re: [cc-community] What about ASCAP?
On Wednesday 20 July 2005 12:50 pm, Matt Burrows wrote:
> In my experience, ASCAP holds firm to its contracts (including during
the
> negotiation stage) and does not allow its signatory publishers to
license
> their works directly to third parties.
If so, I stand corrected. I had always heard they were the collectory of
royalties due under compulsary licenses. So you are saying that you
contact
ascap for other uses of the music as well, such as sync rights and the
like?
all the best,
drew
>
>
> ----- Original Message -----
> From: "drew Roberts" <zotz at 100jamz.com>
> To: <cc-community at lists.ibiblio.org>
> Sent: Wednesday, July 20, 2005 4:45 AM
> Subject: Re: [cc-community] What about ASCAP?
>
> > On Wednesday 20 July 2005 06:45 am, Pieter Roosens wrote:
> > > > On Wednesday 20 July 2005 05:28 am, Pieter Roosens wrote:
> > > >> This is the typical problem that lots of music composers have
> > > >> nowadays.
> > > >> Here in Europe anyway. Those organisations don't seem to be
capable
> > > >> of dealing with the combination of collecting rights for "some
> > > >> songs" and Creative Commons licensing for other songs or other
> > > >> cases.
> > > >>
> > > >> At this moment the only solution seems to be terminating the
> > > >> agreement, but then you loose anyway.
> > > >>
> > > >> As long as the contract is there a podcaster will have to pay
I'm
> > > >> affraid. It's out of your hands.
> > > >> "The right shall be deemed granted to the Society." says the
> > > >> contract.
> > > >>
> > > >> I was hoping it would be better in the US than in Europe but
...
> > > >>
> > > >> Pieter
> > > >
> > > > I have seen this argued the other way. The podcaster can show
that
> > > > he has a
> > > > license and is not availing himself of the compulsary license
that
> > > > the collecrtion agencies collect for.
> > > >
> > > > The situation is probably like me going to select composers and
> > > > musicians and
> > > > negotiating a less expensive licese to play their works
exclusively
> > > > in my
> > > > restaurant. When the collection agency comes knocking, I am not
> > > > using the
> > > > compulsary license and so do not owe.
> > > >
> > > > all the best,
> > > >
> > > > drew
> > > >
> > > > (usual warning: IANAL)
> > >
> > > IMHO and IANAL at all, the music author is not allowed to give a
> > > license since he/she transferred the "exclusive" right to license
to
> > > the collection Society by the contract. Right ? At least here in
> > > Europe that's the case.
> >
> > Well, I don't know about Europe, and I speak with no great convition
even
>
> when
>
> > it comes to the US, but, as I understand it, the collection society
>
> collects
>
> > for uses under the compulsary licenses that exist in law. (You
indicate
>
> that
>
> > they have a right to license, I understand them to have an exclusive
> > right
>
> to
>
> > collect for a license granted by law, not by them or the creator.
Can you
> > check more into this as it relates to Eurpoe?) So, as I have seen it
>
> argued,
>
> > if you don't avail yourself of the compulsary license, they have no
right
>
> to
>
> > collect. Can someone who knows more of the US situation comment?
> >
> > > Pieter
> >
> > all the best,
> >
> > drew
> > --
> >
http://www.archive.org/search.php?query=creator%3A%22drew%20Roberts%22
> > _______________________________________________
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>
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