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Jun 26, 2014
06/14
by
CSPAN3
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eye 43
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so thank god they formed ascap. today more than 500,000 song write e-composers and publishers trust and depend on ascap to negotiate license, monitor public performances and distribute royalties all on a not for profit basis. i'm honored to appear before you today to speak on their behalf. we're here because technology is changing in wonderful ways. we're moving into a world where people no longer own the music they love, they stream it. whenever and wherever they want. at the same time the federal regulations that govern how music is licensed and thus how songwriters like myself are compensated for our work do not reflect the way people listen to music today. in fact they are stuck in the distant past and threatening the very future of american music. ascap is governed by a consent decree greeted in 1941 and updated in 2001. that's before the ipod ever hit a store. we all know the music marketplace has changed dramatically since then and new music services are finding ways to take advantage of this outdated regulat
so thank god they formed ascap. today more than 500,000 song write e-composers and publishers trust and depend on ascap to negotiate license, monitor public performances and distribute royalties all on a not for profit basis. i'm honored to appear before you today to speak on their behalf. we're here because technology is changing in wonderful ways. we're moving into a world where people no longer own the music they love, they stream it. whenever and wherever they want. at the same time the...
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23
Jun 17, 2014
06/14
by
CSPAN2
tv
eye 23
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the station's license these performance to ascap bmi or csac. because they have distinct respiratory seat station much -- must take a license from each prl. historically these piero's if issued licenses that permit the use of all of the aggregated copyright in their repertory without regard to the number of performances actually made by local stations. this is the so-called blanket license. decades ago ascap and bmi entered into consent decrees with the department of justice in order to settle antitrust actions commenced by the department. these consent decrees have been instrumental in providing stations the right to reasonable license terms in light of the extraordinary market power that ascap and bmi enjoy by virtue of aggregation of performance rights insistence on licensing most copyrights only on a collective or monthly basis. independent federal judges have ruled for instance that under the ascap and bmi consent decrees a station is entitled to unlimited reduction in blanket fees where some of the rice to perform music in the programming
the station's license these performance to ascap bmi or csac. because they have distinct respiratory seat station much -- must take a license from each prl. historically these piero's if issued licenses that permit the use of all of the aggregated copyright in their repertory without regard to the number of performances actually made by local stations. this is the so-called blanket license. decades ago ascap and bmi entered into consent decrees with the department of justice in order to settle...
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47
Jun 17, 2014
06/14
by
CSPAN3
tv
eye 47
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i think ascap has similar growth figures. i'm not sure where the idea that we're losing songwriters is coming from. >> may i respond to that? >> yes. >> we have grown in the number of songwriters. the advent of the internet has helped us sign songwriters on-line more than ever before. the question of how many songwriters are still getting paid, is that number growing and that is not growing. >> i thank the gentleman. time has expired. gentleman from texas, mr. farenthold. >> i would like to take a minute just to say a word about the -- our previous questioner was asking just because things are the way they are. businesses count on things being the way that they are, the local radio station is counting on the things continue to be the way they are when they decide whether or not to give the morning deejay a raise or go out and buy a new transmitter. so as we change these rules, we've got to be very leery of the fact that different companies throughout the country have invested and made business decisions based on these rules.
i think ascap has similar growth figures. i'm not sure where the idea that we're losing songwriters is coming from. >> may i respond to that? >> yes. >> we have grown in the number of songwriters. the advent of the internet has helped us sign songwriters on-line more than ever before. the question of how many songwriters are still getting paid, is that number growing and that is not growing. >> i thank the gentleman. time has expired. gentleman from texas, mr....
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Jun 26, 2014
06/14
by
CSPAN3
tv
eye 73
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a core antitrust concern underlying the ascap concept degree, close quote. statutory blanket licenses provide important transparency into how royalty payment are calculated and enable direct payment to recording artists and songwriters. without them, the royalty permit process would be controlled by record labels or music publishers, where uncouped advances are deducted and a smaller percentage of the royalty, if any, is passed through to the artist. while pandora believes the statutory blanket licensing should remain a central feature of copyright law, congress can improve the efficiency of determining the reasonable fees for such licenses. for example, double respondents to the copyright office's recent notice of inquiry noted the expense and burden of the current copyright board rate-setting process highlighting, number one, the need for the application of the federal rules of civil procedure and evidence, two, the establishment of the unitary proceeding with ample time for discovery and presentation of evidence, and, three, the application of the so-call
a core antitrust concern underlying the ascap concept degree, close quote. statutory blanket licenses provide important transparency into how royalty payment are calculated and enable direct payment to recording artists and songwriters. without them, the royalty permit process would be controlled by record labels or music publishers, where uncouped advances are deducted and a smaller percentage of the royalty, if any, is passed through to the artist. while pandora believes the statutory blanket...
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Jun 26, 2014
06/14
by
CSPAN3
tv
eye 60
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recent attempts by copyright owners to partially withdraw from ascap or bmi in an attempt to cherry pick entities relying on their pro license for access to those publishers' works are troubling. especially light of the publi publish publishers' refuse al to provide the catalog data that would allow the services to remove the catalog from the air in the event they couldn't reach agreement on the fees. fourth and finally, fair rates. the willing buy/willing seller standard can have meeting only where marketplace transactions reflect the workings of an actual free market. there is no functioning free market in music licensing because of the unprecedented concentration in the music industry and the aggregation of power in the pros. congress should instead adopt the 801b rate-setting standard for a broad away of music licensing purposes. that standard provides the copyright royalty board with wide latitude to ensure that both copyright owners and users are treated fairly, including potential new users like terrestrial radio. the 801b standard is also a matter of simple fairness. congress ado
recent attempts by copyright owners to partially withdraw from ascap or bmi in an attempt to cherry pick entities relying on their pro license for access to those publishers' works are troubling. especially light of the publi publish publishers' refuse al to provide the catalog data that would allow the services to remove the catalog from the air in the event they couldn't reach agreement on the fees. fourth and finally, fair rates. the willing buy/willing seller standard can have meeting only...
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Jun 17, 2014
06/14
by
CSPAN2
tv
eye 35
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the publishers and ascap, obviously your competitor, refused to provide a list. this left pandora with the option to pay the piper, not pay the price and face infringement, or stop playing all music altogether. how do you answer that when you are asking for change there when you deal with this issue? >> thank you, congressman. i am a former broadcaster also. i cannot really comment on what was done by my competitor, ascap i can't comment on what bmi has done. i got done with testimony in our pandora trial command the same question was raised to me. we provided the information where necessary and where customers told us to. as far as providing the information transparency, the department of justice, the review of our descent decree, this is a big subject they're looking at, and we are willing to explore that. we spent 75 years at bmi building that business, that expertise, that data. we like transparency, and our riders demand transparency. that is how we pay them. i don't think it is appropriate giving that same date it to our competitors to build their business,
the publishers and ascap, obviously your competitor, refused to provide a list. this left pandora with the option to pay the piper, not pay the price and face infringement, or stop playing all music altogether. how do you answer that when you are asking for change there when you deal with this issue? >> thank you, congressman. i am a former broadcaster also. i cannot really comment on what was done by my competitor, ascap i can't comment on what bmi has done. i got done with testimony in...
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157
Jun 28, 2014
06/14
by
CSPAN
tv
eye 157
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quote 1
we are ascap. in 1914 a small but visionary group had an idea they believed they could protect their rights as music creators more effectively if they joined together. thank god they formed ascap. today more than 500,000 trust and depend on us to negotiate licenses monitor public performance and distribute royalties all on a not for profit basis. i will repeat that on a not for profit basis. i'm honored to appear before you today to speak on their behalf. we're here today because technology is changing in the world in wonderful ways. we're moving into a world where people no longer own the music they love. they stream it. whenever and wherever they want. at the same time, the federal regulations that govern how music is license and thus how songwriters like myself are compensated for our work do not reflect the way people listen to the music today. in fact, they're stuck in the distant past and threatening the very future of american music. ascap is governed by a decree from 19 41, before the ipod
we are ascap. in 1914 a small but visionary group had an idea they believed they could protect their rights as music creators more effectively if they joined together. thank god they formed ascap. today more than 500,000 trust and depend on us to negotiate licenses monitor public performance and distribute royalties all on a not for profit basis. i will repeat that on a not for profit basis. i'm honored to appear before you today to speak on their behalf. we're here today because technology is...
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77
Jun 5, 2014
06/14
by
BLOOMBERG
tv
eye 77
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you have groups like ascap chasing people down who are playing the songs and saying, hey, you have toongwriters. the general beef they have had is twofold. one is that all the laws surrounding ultimately how they are paid are way too old. not irrelevant in the world of internet radio. number two, coming back to what ultimately a company like pandora pays songwriters and composers versus what it ultimately pays the performers, it's interesting actually when you look at the data from pandora. it says last year, 7% of the royalties that were paid by pandora went to the songwriters and composers. the rest went to the britney spears of the world. >> interesting, particularly for musicians, these rules go all the way back to the days of the player piano. that's when they were originally written, because of the piano roll. pandora's founder certainly knows this. >> he does, and he gets angry when people suggest that pandora does not want to pay songwriters or composers. he had a blog a while ago where he said, first of all we went to ascap, we went to the management, we worked out a deal whe
you have groups like ascap chasing people down who are playing the songs and saying, hey, you have toongwriters. the general beef they have had is twofold. one is that all the laws surrounding ultimately how they are paid are way too old. not irrelevant in the world of internet radio. number two, coming back to what ultimately a company like pandora pays songwriters and composers versus what it ultimately pays the performers, it's interesting actually when you look at the data from pandora. it...
73
73
Jun 4, 2014
06/14
by
CNBC
tv
eye 73
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i say this as somebody -- i'm a member of ascap. i have written hundreds of songs. have been paid for royalties and all of that. i'm doomed. i know it. >> as an artist? >> as an artist. that horse has left the barn. there is nothing we can do about it. attempting to protect the royalties of the beatlele s andl of that strikes me as a not useful activity for judges and our government to be involved in. i wish they would figure out whether it's okay for the government to spy on companies and consumers. those are actually real issues that affect the economy. music has lost so much share of entertainment it doesn't matter anymore. >> the ghe thetto of entertainm >> if jimmy is a seller, i'm a seller. >> your band moon alice has two shows in california this weekend. you're on tour all summer. where is your free time coming from? >> what free time? the notion that somebody like me plays a hundred shows a year, i get to be chairman of the company reverb we talked about . >> downloads spiked last time you were on. >> number one in the app store last week thanks to you guys.
i say this as somebody -- i'm a member of ascap. i have written hundreds of songs. have been paid for royalties and all of that. i'm doomed. i know it. >> as an artist? >> as an artist. that horse has left the barn. there is nothing we can do about it. attempting to protect the royalties of the beatlele s andl of that strikes me as a not useful activity for judges and our government to be involved in. i wish they would figure out whether it's okay for the government to spy on...
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Jun 26, 2014
06/14
by
CSPAN3
tv
eye 54
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song yiers, movie score composers, performance rights, organizations, pros such as bmi and ascap, royalty collectors for digital music, sound exchange, artist/performers. terrestrial radio, broadcasters, satellite radio, cable tv video, digital radio, streaming, digital download, providers like itunes record labels, copyright oerchers, music promoters, consumers, listeners, collective music organizations, music publishers, music academy, grammys, recording engineers, copyright offices, groups that may hold exemptions such as libraries, universities, churches and i'm sure i missed someone so you see the litany of names and individuals in groups and entities that we have involved here now what i'm going to show you for the record and without objection i'd like this schematic thattive in front of me, it's a schematic of the music licensing marketplace and the publishers/song writers and anyone else involved in the litany of names that i just read off. i have a beautiful color display here on my ipad, you're not going to see it but i'm going to hold this up. you may be able to understand some
song yiers, movie score composers, performance rights, organizations, pros such as bmi and ascap, royalty collectors for digital music, sound exchange, artist/performers. terrestrial radio, broadcasters, satellite radio, cable tv video, digital radio, streaming, digital download, providers like itunes record labels, copyright oerchers, music promoters, consumers, listeners, collective music organizations, music publishers, music academy, grammys, recording engineers, copyright offices, groups...
173
173
Jun 28, 2014
06/14
by
CSPAN
tv
eye 173
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and that is a basic distinction that's not only recognized by the second circuit in the ascap case, but it's also recognized in the real world by the way these different services are structured. if you provide downloads of music, you get a distribution license or a reproduction license. if you provide streaming of music where you also have a contemporaneous live performance, then you also get a public performance license. justice sotomayor: is your definition i mean, justice breyer has already asked you said he's troubled about the phonograph store, and the dropbox and the icloud. i'm also worried about how to define or public performance or the performance of a work publicly, which i guess is the better way to do it, according to you. how do i define that so that someone who sells coaxial cable to a resident of a building is not swept up as a participant in this? or someone who the sort of passive storage advisors that this is really hard for me. >> ok. but let me -- justice sotomayor: how do i -- what do i do to avoid -- what do we do, not me, but what does the court do to avoid a def
and that is a basic distinction that's not only recognized by the second circuit in the ascap case, but it's also recognized in the real world by the way these different services are structured. if you provide downloads of music, you get a distribution license or a reproduction license. if you provide streaming of music where you also have a contemporaneous live performance, then you also get a public performance license. justice sotomayor: is your definition i mean, justice breyer has already...