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DPChallenge Forums >> General Discussion >> A Seldom seen side of the copyright debate....
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09/19/2005 03:35:36 PM · #1
Here is a side you don't get to see a lot of times in the whole copyright/copy-protection debate:

A different viewpoint

Now mind you, it's not about "downloading" music but about the right to freely use purchased music however you please. Numerous musicians have expressed this view. I think it quite interesting seeing the artists tell the common people how to "burn" their CD.


09/19/2005 03:44:33 PM · #2
The reality is the vast majority of musicians are probably helped by burning, downloading, or whatever other legal or illegal method of dispersing their songs there is. These days a typical contract has an up front signing "advance" and then a royalty. The vast majority of musicians never see a dime from royalty because of "creative accounting" by the record companies. So musicians either make their money from the signing amount, or from concert sales (which they get the lion's share compared to the record co.). When 100,000 kids download their hit single on Kazaa it probably makes them more likely to want to go to the concert which is one of the few avenues for the money to get to the musician directly...

This is my understanding at least...people are welcome to correct me. A few of the megamusicians have enough power to actually see royalties. (ie. the U2s and Madonnas of the world)
09/19/2005 03:56:52 PM · #3
Yup...

(And as for concerts, that's because it's run by BMI/ASCAP/SESAC and the performance rights collection agencies.)

Maybe we should simply turn over the "royalty management rights" to those companies which tend to be much more fair to the artists.

Message edited by author 2005-09-19 15:57:07.
09/19/2005 04:11:54 PM · #4
Originally posted by DrAchoo:

The vast majority of musicians never see a dime from royalty because of "creative accounting" by the record companies.

it's probably an exception, but i read an interview with one of the pet shop boys who said he was still getting about 150 grand a year in royalties for 'west end girls'. i guess it's like anything else, some people make money while most people just spend it...
09/19/2005 04:25:24 PM · #5
A "lot" depended on the contract.

I had a friend who acted in a GM car commercial. His friend wrote the contract. But unbeknownst to him wrote it with a per play addendum. Well what was supposed to be a limited circulation wound up being re-used in several markets around the world.

The result was for 8 yrs he received checks and I think he made like over $100,000 from it.

Also, those artists that were signed to smaller more independent labels but who happened to make it past the BIG LABELS radio payola crud and got airplay and became a hit often received much more. And what most people do not realize is that every time you walk into a department store or restauraunt and hear music playing, etc. They are paying royalties for that.

For instance, the "Monkees" song "Believer" got re-popularized by the movie "Shrek". The end result is that whoever owned the royalties to that track probably received a windfall. In fact, they probably made more money in the past 5 yrs than the first 25 yrs.

But RIAA writes clauses into contracts, and they seem harmless. And in many cases they are. But over 10 - 20 yrs RIAA changes the meaning of the term by edging it a bit more and more. That's why they tried to steal the royalties from all the artists by claiming the music was all "works for hire" and thus the record labels were the real owners.

That wasn't an over-night idea. That was probably a plot very long in the making. And had it been a different judge they quite possibly might have won their case.

- The Saj
09/20/2005 01:49:40 PM · #6
Once again RIAA is trying to gain rights it has never possessed. Why should I respect the rights of RIAA when they pursue crud like this?

*********

The EFF is reporting that "the RIAA has been pushing the FCC to impose a copy-protection mandate on the makers of next-generation digital radio receiver/recorders (think TiVo-for-radio)." According to Mike Godwin, "Never mind that digital audio broadcasting is not significantly greater in quality than regular, analog radio. Never mind that its music quality is vastly less than than that of audio CDs. In spite of these inconvenient facts, the RIAA is hoping that the transition to "digital audio broadcasting" will provide enough confusion and panic that they can persuade Congress or the FCC to impose some kind of copy-protection scheme or regulation on digital radio broadcast."

Article
09/20/2005 02:56:33 PM · #7
I was going to shoot a cheap trick concert last month until I got the terms for being allowed to shoot it. They wanted me to sign a form saying that any photo I took they owned and could use any way they wanted with no compensation.

That would be like me hiring them to do a private show, and owning any song they preformed at it...
09/21/2005 10:27:04 AM · #8
Originally posted by DrAchoo:

The reality is the vast majority of musicians are probably helped by burning, downloading, or whatever other legal or illegal method of dispersing their songs there is. These days a typical contract has an up front signing "advance" and then a royalty. The vast majority of musicians never see a dime from royalty because of "creative accounting" by the record companies. So musicians either make their money from the signing amount, or from concert sales (which they get the lion's share compared to the record co.). When 100,000 kids download their hit single on Kazaa it probably makes them more likely to want to go to the concert which is one of the few avenues for the money to get to the musician directly...

This is my understanding at least...people are welcome to correct me. A few of the megamusicians have enough power to actually see royalties. (ie. the U2s and Madonnas of the world)


I wonder why any musician ever bothers with signing up to a record agency? Why do they sign up to the big companies who rip them off, when they could sign up to the small labels who don't? Why do they bother selling their music, when they could give it away for free and make mega bucks from the concerts? If what you say is right, musicians should be prevented from trying to sign up to large record labels, for their own good!! MeThos has it right: the musicians just don't have the sense that he has to refuse to sign up to onerous contractual terms. We can help them by taking music from the big labels without paying for it. Eventually they will realise that the big labels are ripping them off and start giving their music away for free, which (as we know, but the artists just don't seem to get) is the best way for them to make real money!

The really bizarre thing is that Switchfoot in that post referred to by theSaj were still suggesting that fans buy their CD, and spend 10 minutes importing it to digital form! Don't they realise that they could just tell everyone to download from Kazaa for free, and avoid all that hassle?!? If they did that, they would get thousands of downloads, and then they would really start seeing the money come rolling in!!!

Not that they should really be making very much from their creativity - there is no way that they should get much (no matter how good their music, or how much time and money they spend making it) like those sell outs the Pet Shop Boys or the Monkees.

And I agree that the best way to ensure that record managers don't pinch the royalties earned by their artists is not through improving and enforcing corporate transparency, and through providing the artists with remedies for recovering the monies that have been stolen (they are so stupid they won't know how without our help!). The better way is to make sure that nobody gets paid anything: let the managers try and pinch half of nothing!!!

I am overwhelmed at the selflessness of you guys! Taking all that music for nothing, to help bring the artists to their senses. It is only a matter of time before everyone sees how right you are and says a big THANK YOU!!

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