[NewMusic] Fw: Dying Industry...(sic)

[Michael Zelner]

On 6/4/07, Jon Raskin wrote:

>JS
>" listening to wolfgang's vault the other day "
>JR
>I think the real danger for us is the increased cost of royalty 
>payments on the web that are based on per play and will drive out 
>independent an small websites.  My understanding is that even if we 
>give permission for a site to play my music they will still have to 
>pay Soundexchange for each play.  Besides hijacking my rights by 
>protecting my rights it is an accounting nightmare for a small 
>organization.  What happens to wolfgangs vault or archive.org? Do 
>they all move offshore like the gambling sites?

I think archive.org is exempt from this  (at least for now). It hosts 
only artists who have given explicit permission, in effect waiving 
royalties for these downloads. From the Live Music Archive FAQ:

>I'm an artist who would like to be included in the Archive, what do 
>I need to do?
>
>We'd love to have you! Just write to us at etree at archive dot org 
>in English giving some kind of permission for us to archive your 
>shows for public download and noncommercial, royalty-free 
>circulation. It does not need to be a formally worded declaration, 
>and can come from anyone you feel has the "say-so." We just need to 
>be clear on how you feel about the project. We will put relevant 
>quotes onto a new "collection" page (examples) for your 
>performances, along with a link to your official website.

<http://www.archive.org/about/faqs.php#115>

The recent SoundExchange "compromise" on the Internet radio royalty 
issue allows "small Webasters" and non-commercial sites to continue 
paying at the old rates. (This is far from a done deal, though.)

<http://arstechnica.com/news.ars/post/20070522-soundexchange-offers-olive-branch-to-small-webcasters-over-royalties.html>


Wolfgang's Vault <http://concerts.wolfgangsvault.com/> is a different story:

>The Concert Vault is fully licensed by BMI, ASCAP and SESAC, and we 
>pay these performance rights organizations every time you listen to 
>a concert. The license fees make their way back to the performers 
>that made the music. Download revenues are also shared with 
>performers and publishers as appropriate. One of our top priorities 
>will always be to make sure that the artists are compensated for 
>their performances.

There are pending lawsuits (brought by several aging rockers and two 
of the major labels) against the owner of Wolfgang's Vault, though:

<http://www.dmwmedia.com/news/2006/12/19/rock-icons-sue-website-operator-over-streaming-concerts-memorabilia-sales>

<http://www.dmwmedia.com/news/2007/03/05/bill-graham-concert-archive-site-countersues-record-labels>

MZ












--------------michaelz at zoka.com---
             Michael Zelner
---Oakland CA USA------------------