Tuesday, October 16, 2012
Wednesday, October 10, 2012
Get Paid when you get played
Get paid when you get played
If you are a featured recording artist or a sound
recording copyright owner (SRCO), producer or creative contributor, you
may have earned digital performance royalties for the use of sound
recordings you own or on which you performed. Artists and SRCOs should
register with SoundExchange as soon as possible, even if you’re a member
of another performance rights organization, as only SoundExchange can
provide digital royalties. Registration is fast and always free.
Copyright holders and featured artists (generally, the most visible
person, in print or image, on the physical package of a recording) are
paid through SoundExchange. Session players and back-up musicians are
paid from a separate royalty fund. No matter what part you played, click
your category below to find out how to get paid.
SoundExchange.com
The Digital Performance Royalties Fund (DPR) was established to collect and distribute monies to non-featured musicians and non-featured vocalists pursuant to the DPRA (Digital Performance Rights Amendment) and DMCA (Digital Millennium Copyright Act). These acts require the allocation of 5% of compulsory license fees to non-featured performers, 2 1/2 % to non-featured musicians, and 2 1/2% to non-featured vocalists collected from various digital distributions of sound recordings. The first payments to the DPR were for the non-featured performers a share of the compulsory license fees collected from February, 1996 through March, 2000 from the cable and satellite subscription services. In addition to the ongoing payments from these sources, future revenue from the statutory rates collected for web-casting will be added to these payments.
check here to see if you're owed any money
The Digital Performance Royalties Fund (DPR) was established to collect and distribute monies to non-featured musicians and non-featured vocalists pursuant to the DPRA (Digital Performance Rights Amendment) and DMCA (Digital Millennium Copyright Act). These acts require the allocation of 5% of compulsory license fees to non-featured performers, 2 1/2 % to non-featured musicians, and 2 1/2% to non-featured vocalists collected from various digital distributions of sound recordings. The first payments to the DPR were for the non-featured performers a share of the compulsory license fees collected from February, 1996 through March, 2000 from the cable and satellite subscription services. In addition to the ongoing payments from these sources, future revenue from the statutory rates collected for web-casting will be added to these payments.
check here to see if you're owed any money
Performance Rights and Digital Royalties Heat Up in Congress
September 10th
Two bills are gathering attention on Capitol Hill and in the
press surrounding “performance royalties,” the payments radio companies
make to artists and music creators in exchange for broadcasting their
songs.
Internet radio proponents are pushing the “Fair Internet Radio
Royalties Act of 2012” draft legislation sponsored by Rep. Jason
Chaffetz (R-UT). The bill claims to erase differences in the calculation
of payments from various digital music services to performers and music
creators. To do so, the legislation would reduce royalty rates for
Internet radio stations to the so-called 801(b) standard, which is
currently being used by only a handful of companies such as
satellite radio services and certain cable music services that were
grandfathered into this lower standard. In reality, the bill could
drastically slash digital performance royalties to artists, labels
and everyone else in the creative community participating in the digital
performance revenue stream.
This bill also fails to address the most important disparity between music services: AM/FM
broadcasters enjoy a unique and decades-old exemption from paying any performance royalties
to recording artists and record labels. AM/FM radio makes billions in advertising revenue every
year without paying a single penny to the musicians that created the songs they play. By
ignoring this special loophole for broadcast radio, the bill lets stand one of the greatest
inequities in the music industry today.
broadcasters enjoy a unique and decades-old exemption from paying any performance royalties
to recording artists and record labels. AM/FM radio makes billions in advertising revenue every
year without paying a single penny to the musicians that created the songs they play. By
ignoring this special loophole for broadcast radio, the bill lets stand one of the greatest
inequities in the music industry today.
Ray Hair, international president, American Federation of Musicians (and a SoundExchange
board member), warned in a recent op-ed that the bill “could set us back decades…[i]nstead of
ensuring that terrestrial radio stations pay musicians fairly…it would allow the digital platforms
to pay musicians less too, at rates far below market value.”
board member), warned in a recent op-ed that the bill “could set us back decades…[i]nstead of
ensuring that terrestrial radio stations pay musicians fairly…it would allow the digital platforms
to pay musicians less too, at rates far below market value.”
Fortunately, this attempt to drastically change the music landscape has prompted a response:
the draft “Interim Fairness in Radio Starting Today Act of 2012,” from Rep. Jerrold Nadler (DNY). This proposed legislation recognizes the need for real equality in the calculation of payments by Internet music services without slashing payments to music creators by adopting
the “willing buyer/willing seller” standard (currently used for Internet radio rates) for all digital
platforms including Internet radio, satellite radio and cable music services. The bill also takes a
step toward addressing terrestrial radio’s unfair exemption.
the draft “Interim Fairness in Radio Starting Today Act of 2012,” from Rep. Jerrold Nadler (DNY). This proposed legislation recognizes the need for real equality in the calculation of payments by Internet music services without slashing payments to music creators by adopting
the “willing buyer/willing seller” standard (currently used for Internet radio rates) for all digital
platforms including Internet radio, satellite radio and cable music services. The bill also takes a
step toward addressing terrestrial radio’s unfair exemption.
Under existing law, different types of services operating under the statutory license (that
SoundExchange administers) have their royalty rates set by different rules. Internet radio
companies like Pandora, and most of the more than 1,800 services that pay SoundExchange, pay
based on a “willing buyer, willing seller” standard. This standard directs the Copyright Royalty
Board (CRB) to set royalty rates representing the fair market value for the recordings that they
use (i.e. what a “willing buyer/willing seller” would negotiate if there were no statutory license).
These Internet radio, satellite and cable TV services are built upon the content from this creative
community, and it’s only fair that they pay what music creators could get in the marketplace.
SoundExchange administers) have their royalty rates set by different rules. Internet radio
companies like Pandora, and most of the more than 1,800 services that pay SoundExchange, pay
based on a “willing buyer, willing seller” standard. This standard directs the Copyright Royalty
Board (CRB) to set royalty rates representing the fair market value for the recordings that they
use (i.e. what a “willing buyer/willing seller” would negotiate if there were no statutory license).
These Internet radio, satellite and cable TV services are built upon the content from this creative
community, and it’s only fair that they pay what music creators could get in the marketplace.
Ironically, satellite radio behemoth SiriusXM does not have its rates set by the “willing
buyer/willing seller” standard. Instead, because of a special interest legislative loophole,
SiriusXM’s rates are set at a below market rate by the CRB. As a result, SiriusXM rates were
slashed between 25 percent and 50 percent in the last CRB proceeding.
buyer/willing seller” standard. Instead, because of a special interest legislative loophole,
SiriusXM’s rates are set at a below market rate by the CRB. As a result, SiriusXM rates were
slashed between 25 percent and 50 percent in the last CRB proceeding.
Since that proceeding, Sirius and XM merged and now, according to Q2 2012 financial results,
the combined company projects $3.4 billion in revenues, and free cash flow of approximately
$700 million this year. While SiriusXM maintains a cheerful outlook, it was the creative
community that subsidized SiriusXM’s growth.
the combined company projects $3.4 billion in revenues, and free cash flow of approximately
$700 million this year. While SiriusXM maintains a cheerful outlook, it was the creative
community that subsidized SiriusXM’s growth.
Now Pandora wants to pay less, too, even as it has thrived under the current standard,
celebrating a successful IPO and achieving explosive growth. The company beat its financial
guidance the past two consecutive quarters, and with its Q2 FY 2013 earnings report, raised its
full-year revenue forecast to $425 million to $432 million. Pandora has also increased its market
share, with listener hours up 80 percent year-over-year.
celebrating a successful IPO and achieving explosive growth. The company beat its financial
guidance the past two consecutive quarters, and with its Q2 FY 2013 earnings report, raised its
full-year revenue forecast to $425 million to $432 million. Pandora has also increased its market
share, with listener hours up 80 percent year-over-year.
SoundExchange agrees with Pandora Founder Tim Westergren, who recently testified to
Congress that “it is time…to level the playing field and to approach radio royalties in a
technology neutral manner.” However, SoundExchange believes that all digital radio services
should compensate artists and creators at a market rate. The organization also believes that the
real injustice is the fact that terrestrial radio pays nothing at all.
Congress that “it is time…to level the playing field and to approach radio royalties in a
technology neutral manner.” However, SoundExchange believes that all digital radio services
should compensate artists and creators at a market rate. The organization also believes that the
real injustice is the fact that terrestrial radio pays nothing at all.
Nadler’s proposed “Interim Fairness in Radio Starting Today Act of 2012” could begin to address
these issues. In contrast, the so-called Internet Radio Fairness Act could be a step backward for
the creative community.
these issues. In contrast, the so-called Internet Radio Fairness Act could be a step backward for
the creative community.
It’s SoundExchange’s mission to help support, protect and propel the digital music industry
forward. The organization stands behind the creative community, and the interests of the signed
and unsigned recording artists, and small, medium and large record companies that it
represents. But more importantly, the organization works to support the work and efforts of the
creative community who dedicate their lives to the music and entertainment that we all enjoy.
For this reason, SoundExchange will continue to work toward supporting the singular cause of
ensuring the long-term value of music.
forward. The organization stands behind the creative community, and the interests of the signed
and unsigned recording artists, and small, medium and large record companies that it
represents. But more importantly, the organization works to support the work and efforts of the
creative community who dedicate their lives to the music and entertainment that we all enjoy.
For this reason, SoundExchange will continue to work toward supporting the singular cause of
ensuring the long-term value of music.
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