[cc-community] ASCAP
Jamison Young
jam at iarts.cc
Tue May 13 06:27:59 EDT 2008
> Does anyone know if ASCAp and BMI issue blanket licenses? That may
> be a part
> of the issue here.
I was told by APRA, that ASCAP issue blanket licenses for use of
content. The fee ASCAP get is divided up between those that have
their content used. Artists can put a claim in to be paid, or if the
song shows up on their register they are paid automatically.
The difference between the APRA system and the ASCAP system is that
the artist with APRA can't direct license what they create as they
choose. An artist with ASCAP can direct license to a venue or media
(from what i understand). It only probably makes sense for an artist
to direct license royalty free (or less fee than the blanket
license), if the venue/space or media is not paying a blanket license
fee.
Spaces/media might have the right to ask for a reduction in the fee
they pay (to organizations like SABAM) if the space used content
royalty free. Although from what i understand from venue owners in
Belgium, if one song is in the SABAM system, the venue pay the same
price. I have met artists that are not members of SABAM that have
told me they have to put a SABAM label on their CD to press that CD.
Even when the CD has all their own songs on it.
In Europe live music venues have to pay an extra fee to have live
music and also need to pay a percentage of what might be taken on the
door to SABAM. The Belgium government approve of this, as all
revenue can then be taxed. The result is that no-venues advertise
artists not popular and small venues don't have a door charge for
live music. SABAM scan newspapers and pick up on flyers issued for
gigs in venues not registered.
Its possible that an artist that creates all their own content (that
is not with SABAM, possibly with ASCAP) can direct license to their
own benefit to those venues.
Most of the time the venue pays the extra fee for use of content and
rarely does the artist get anything back via SABAM, unless they are a
member and put a live performance return in. Touring artists from
outside Belgium not with a label or publisher, find it very difficult
to get anything back. Some foreign artists pay a fee to SABAM to
collect a royalty.
Self published recorded music from the US registered with ASCAP being
played in restaurant in Belgium would have no chance of getting a
royalty paid back.
The real problem (from my view) is that if an artist is not with a
rights organization or creative commons, then the venue/ space/media
has no platform to use content. The rights organizations provide a
service that is needed, it just seems to have got out of control. Yet
maybe the service was out of control from the start anyway.
Not sure if what i write is the way it is, yet these are things i
have been told talking with artists/ venues/ rights organizations
(collection societies).
best,
Jamison
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