Paying the Piper

Mitch · Post by **Mitch** » Fri Dec 30, 2005 7:30 pm

Wandere posted this tragic little tale:

I'm posting this here, because I don't think it's political or controversial.
Just...sad

The last item in a "100 things we learned this year" article at the BBC:
http://news.bbc.co.uk/2/hi/uk_news/magazine/4566526.stm
Quote:

100. Musical instrument shops must pay an annual royalty to cover shoppers who perform a recognisable riff before they buy, thereby making a "public performance".

This stired an age-old question that's been bothering me for .. well .. ages.

Is there an alternative to the royalty system to keep our artists, musicians, musicians, actors, scientists etc alive and active?

The digital revolution has shown any notion of intellectual "property" to be fraudulent. Maintaining this fraud is creating a new class of evils. Corporate entities are claiming ownership of food we eat, the grass under our feet, and even the blood in our veins. Record companies are scouring the earth for intellectual criminals destroying the comminity as they go.

On the other hand, if the creators of intellectual "property" are not sufficiently supported then how are they to live?

I feel that the great god "market" is not omnipotent enough to help.

Has anyone any inspiration, anecdote, scheme or device that can shed light here?

Who will pay the piper?

dubhlinn · Post by **dubhlinn** » Fri Dec 30, 2005 7:53 pm

I steal everything I can from file sharing stuff. I share mine, they share theirs, no problem.
Share the music.

Spare me the politics and profits of the business.

Enjoy what you can, when you can, wherever you can.

Slan,
D.

Mitch · Post by **Mitch** » Fri Dec 30, 2005 8:07 pm

dubhlinn wrote: Spare me the politics and profits of the business.

Enjoy what you can, when you can, wherever you can.

D.

Well put. It's also my gut feel: - intellectual "property" should belong to the people, not companies.

But what, then, of the artists? How would we keep them alive if no one paid for their work?

missy · Post by **missy** » Fri Dec 30, 2005 8:19 pm

I have no problem paying the actual artist for their work, be it recorded, or me (us) recording their work. We did so when we made our CD - 2 we paid through Harry Fox, and 2 we paid directly because we know them.

What I DO have a problem with is paying the corporate entities and lawyers such as BMI and ASCAP - and knowing from other's experience that the artists get little to nothing from these groups.
I have a problem with these groups demanding "fees" from truly not for profit festivals.
I have a problem with these groups attempting to bust churches for having songs played that aren't in the license purchased with the hymnals.
I have a problem paying the estate (or whomever paid the highest amount for the licensing fees) of an artist long after they have died.
I have a problem with having to get BOTH BMI and ASCAP licensing for festivals to cover all the bases, instead of one doing so. I also have a problem with ASCAP not quoting their fees except if you contact them in person, detailing when the festival is and how many will be attending (aka - they've already "got" you by that point).

And I have personally experienced ALL of the above circumstances happening - these aren't just internet myths.

I don't know what the "fixes" are - other than somehow all musicians revolting against this. I do my own "small" part by purchasing all my recorded music directly from the artist, and not through production companies or stores. Of course, that means I am sometimes limited in what I CAN purchase, but I just have to live with that.

Mitch · Post by **Mitch** » Fri Dec 30, 2005 8:43 pm

missy wrote:I don't know what the "fixes" are - other than somehow all musicians revolting against this. I do my own "small" part by purchasing all my recorded music directly from the artist, and not through production companies or stores. Of course, that means I am sometimes limited in what I CAN purchase, but I just have to live with that.

This need not be so "small" specially since the means of production of music media has escaped the companies.

bagpipe_bomb · Post by **bagpipe_bomb** » Sat Dec 31, 2005 3:06 pm

Aw... and I thought from the title that someone owed me money.

seriously though, you guys should check out this org. if you haven't already.

http://www.downhillbattle.org/

I have always dreamed that trad/folk people could reclaim their music and find a better way to feed the starving artists

-Don

missy · Post by **missy** » Sat Dec 31, 2005 3:25 pm

bagpipe bomb - thanks for the site. I'll dig into it when I can.

chas · Post by **chas** » Sat Dec 31, 2005 3:36 pm

missy wrote: I have a problem paying the estate (or whomever paid the highest amount for the licensing fees) of an artist long after they have died.

I can't believe how long royalties are due now. 75 years after the composer died?? That means that "Mood Indigo" will be in copyright for 125 years.

ASCAP and BMI do some good work -- there has to be a central organization to collect royalties, and they actually do pay the composers for the songs that get airtime. But, gimme a break, the words "Don't sweat the small stuff" really aren't in their vocabulary. I think pursuing festivals, etc. actually lose them money, but it's a way for them to justify their fees.

Mitch · Post by **Mitch** » Sat Dec 31, 2005 4:34 pm

Hi Don,

Thanks for the great link.

Here is s sublink: http://www.eff.org/share/collective_lic_wp.php

This is the universal licence model. It is what is used for radio broadcast in some countries today. It has a couple of flaws:

1. It does not address missy's problems (as stated in her post) and might even make them worse.

2. It has a similar barrier to newcomers as the current royalty distribution system. Technically it shouldn't but in practice any rounding of the traffic figures will lock new independant artists out.

I will spend more time at the link - there may be better models under discussion.

Thanks once again.