[cc-community] Statement to AKM
MR J. Young
info at freetrain.org
Sat Nov 8 15:08:53 EST 2008
This is my statement to the AKM board (AKM is the rights organization in
Austria). AKM refuse to talk with me. I ask a member of the CC Austrian
community if they might possibly present this statement to the board of AKM
or any of their partners in what-ever form you/they choose. Excuse the post
being so long to the mailing list.
Under new laws that were introduced to the EU, my understanding is that
rights organizations are able to compete in different territories. This
means that artists that have not signed an exclusive agreements can do the
same, we have the right to be our own rights organization. AKM have known
this for some time, yet have intentionally violated my human right to issue
licences as i choose in conjunction with the contracts that i agree with.
Artist join rights organizations for many reasons, some include.
1) to collect royalties.
2) to give media the legal platform to use the works that artists in the
community create.
3) so artists can get together and make songs together and then have those
songs performed in a public space, with the appropriate legal platform.
It seems that AKM's policy is dominated by policies that revolve around the
collection of royalties.
With most household's having an Internet connection, the need for publishers
and labels is much less. The Internet is able to copy many things around the
world at the click of a button. Technology makes point 2 & 3 more important
than 1 for new innovative creators. Unfortunately the way that the boards
are elected in rights organizations (in Australia for example, for every 500
dollars that an artist or publisher collect they get an extra vote) mean
that the collection of royalties has dominated how these non-profit
organizations operate, since they began.
The ripple effect of this voting policy within organizations such as AKM and
its partners is having a huge effects everywhere.
AKM have instructed me that if I am to license my songs freely in Austria
that I'm not able to collect any royalties. The new policies that allow
competition within the European union, allow me to license what i create
where i choose. My understanding is that its not possible to make something
non-exclusive to exclusive under any laws within Europe. If my rights are
under a non-exclusive management agreement, its my right to deal with those
rights as i choose and be a member of ASCAP.
If AKM choose to change their reciprocal agreements with ASCAP, this has
nothing to do with me. I'm under no obligation to change the way i deal with
my rights as a result of the way that AKM choose to deal with the rights
that ASCAP issue in the territory of Austria. I can issue content for free
and collect royalties where appropriate. Many spaces have no agreements with
AKM or partners. Its my right to innovate.
Consider that AKM is most likely more dependent on ASCAP's content than
ASCAP is dependent on AKM's content. AKM offer artist a exclusive agreement
rather than a non-exclusive one, AKM policy over many years I feel has put
the market place (from my view) into a situation where very little
competition exists for the use of sound recordings. The government with many
NGO's and councils has had to step in and find solutions for artists that
want to create. Now these non-government organizations look to be dependent
on a system that maintains exclusivity for the artist contract.
My view is that this means that the artist is unable to innovate and
participate in the market place without the help of an NGO or a corporation.
Yet these non-profits entwined with corporations look to no-longer be
relevant to the modern creator. Any change that these non-profits
manufacture in conjunction with corporations are sure to create more culture
similar to that of the commercial culture already in place.
The situation looks to have created a situation in Austria (Europe) where
even the punk now has to fill in a form or join a queue with a begging bowl.
The word independent means dependency on something that does not have a
direct deal with a major, yet ultimately almost all the labels, publishers
and artists that want to be heard through the centralized system (or even
just on myspace it seems) are tied together via the rights organizations.
Artists that are not dependent on AKM are in a situation where they have to
prove that the songs they make are not within the catalog of AKM, for a
space/media not to have a pay a fee for use of media.
The policy's that AKM and their partners create ensure that the self
publishing artists are at the mercy of the publishing system, yet with the
Internet, publishing mechanism of the past are far less important.
What's worse is that the commercial air waves of Austria seem mostly
dominated by content that has arrived via a very competitive US market
place, rather than performers within the community of Austria. Self
publishing Austrian (European) artists rights are locked up under exclusive
management conditions that do not allow rights to compete in the US market
place, yet many create content suited to the American culture rather than
Austrian culture.
My intention has never been to collect royalties for the use of songs i
create, the intention has always been to have people hear the songs. I have
tried every commercial means possible in Austria (Europe) to get the
attention of the people. Its just not possible for the type of music i
create. The non-profit organizations that run most of the spaces in Austria
are also not able to work in conjunction with me as I'm not with an Austrian
cultural label or part of a culturally funded publisher. My only choice is
often to direct license.
My understanding is that my songs (that have been used in a major release
film) also need the legal platform that rights organizations provide for use
in the territory of Austria. If i was to stop collecting royalties in the
territory of Austria (as AKM instruct me to do) for the use of the songs I
create, then what platform does the media in Austria have to use those
songs?
My rights are managed under a non-exclusive agreement, this means i can also
deal with my rights as I choose. As i understand it, its my right to do
business as i choose in Austria. I ask that AKM allow me to do business as i
choose with the songs that i wrote in the territory of Austria (Europe).
Respect the licenses that i issue. As i said, I wrote these songs for people
to hear them. The centralized media in Austria (Europe) has no interest in
the works i create, for the reasons I explain above (from the point of view
of my experience). The same problems in Austria can be applied to every
European territory. I have been in Europe almost 5 years and found the same
brick wall in every territory.
The system is not valid anymore and is best dismantled or deregulated.
The problems i have apply to all artists that want to tour with what they
create around Europe that are not connected with the publishing industry, in
some way shape or form.
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