Search Results for Public Performance Royalty

Blog: Should ASCAP Get Paid for Ringtones?

The American Society of Composers, Authors and Publishers (ASCAP) is currently embroiled in a legal battle with AT&T over the nature of ringtone licensing. Last month (June 2009), ASCAP filed an opposition to AT&T’s motion for summary judgment on the question of whether ringtones can be considered public performances.

ASCAP claims that ringtones are public performances and that its songwriters and publisher members deserve a cut of the AT&T’s ringtone revenue. Many groups and individuals disagree. read more

Press Mention: Royalty Bills Include Exceptions

Patrick Leahy says that the performance royalty he and Orrin Hatch (R-UT) are pushing will have minimal affect on most radio operators in the US. In fact, over 75% will be capped at a maximum $5K blanket license as long as they stay under revenue benchmarks. And non-profits will be capped at $1K. …We suspect that groups like AFTRA, the American Federation of Musicians, the Future of Music Coalition, musicFirst and other such organizations will eagerly endorse this clause. But RIAA’s support will no doubt disappear faster than an Eddie Van Halen guitar lick

Article: The Need for a Public Performance Right

By Ann Chaitovitz
Jan 7 2009

Who gets paid when “Respect” is played on terrestrial radio? You might think it’s Aretha Franklin, the artist whose soulfully commanding vocal made it one of the most indelible tunes of any era. Nope. Since the late Otis Redding wrote the song, his estate gets the spoils (as does his publisher). While no one would deny Otis his due, Aretha’s performance is a huge part of that recording’s success. Her contribution is recognized by satellite radio and webcasters, who pay a royalty to Aretha and her label when the tune is broadcast. Terrestrial radio, however, fails to compensate her. read more

Article: Public Performance Right for Sound Recordings

In the United States, royalties for public performances are paid to songwriters, composers and publishers. But what about the person who performs the song? When you hear John Coltrane’s recording of ‘My Favorite Things’ on the radio in the US, the estates of Richard Rodgers and Oscar Hammerstein — the composers of ‘My Favorite Things’ — are compensated through ASCAP. But the estate of John Coltrane receives nothing for this performance. However, if you hear the same performance on Sirius XM, or via a webcast, or on a cable music station — even on that terrestrial radio station’s webcast — both Rodgers and Hammerstein’s estates AND John Coltrane’s estate are compensated. Why the difference? US terrestrial broadcasters are exempt from paying a public performance right for sound recordings. read more

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