Call NowEmail Now

Tag Archives: synchronization

by

Radio Seeks to Pay Songwriters Lower Rates — Again (Forbes.com)

No comments yet

Categories: Articles, Business, Legal Disputes, Legal Issues, Music, Music Industry, Music Industry Interviews, Performance, Royalties, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Radio Seeks to Pay Songwriters Lower Rates — Again

By:  Erin M. Jacobson, Esq.

This article was originally published on Forbes.com.

A committee representing roughly 10,000 commercial radio stations has sued performance rights organization Global Music Rights (“GMR”) in an effort to further reduce the amount radio stations pay to music composition creators and rights owners for performances of their works. This committee is the Radio Music Licensing Committee (“RMLC”) and it claims that GMR has created an artificial monopoly over works in its repertoire.

Performance rights organizations (“PRO’s”) are organizations that track and collect performance royalties on behalf of songwriters and music publishers. In the United States, there are four PRO’s: ASCAP, BMI, SESAC, and GMR. ASCAP and BMI are the two largest U.S. PRO’s and are also non-profit organizations. Since 1941, ASCAP and BMI have been subject to consent decrees issued by the Department of Justice. These consent decrees are agreements that allow the government to regulate ASCAP and BMI’s license fees and how they operate in order to prevent monopolization and encourage competition. SESAC and GMR are both independent, privately owned companies that operate on a for-profit basis and are not subject to consent decrees.

Music industry mogul Irving Azoff founded GMR in 2013 in order to provide a more boutique experience for managing performance rights licensing and potentially command higher rates for the performances of works in its repertoire, which includes compositions written and/or performed by artists such as Adele, The Beatles, Pharrell Williams, Katy Perry, Madonna, and many more.

Because GMR is not subject to a consent decree, it can deny a license to perform the works in its repertoire and can also negotiate license rates as it sees fit. The RMLC argues that the license fees required by GMR are exorbitant and seeks to lower them by forcing GMR to submit to judicial rate-setting proceedings, which would require a judge to mandate the rates GMR can charge its licensees. This is similar to procedures mandated for ASCAP and BMI, but without subjecting GMR to a full consent decree. The RMLC previously filed a similar suit against SESAC and reached a settlement in the RMLC’s favor.

Terrestrial radio makes its money on advertising revenue, and while radio is far from dead, it no longer holds the status of its heyday. Terrestrial radio and other broadcasters regularly fight to reduce license fees, as terrestrial radio lobbyists were also part of the group in favor of the Department of Justice’s crackdown on ASCAP and BMI’s licensing platforms, the outcome of which is still pending.

Most observers of this situation usually fail to mention that the public perception of radio’s purpose is music promotion. Without music driving the listenership of certain stations, those particular stations would not earn the ad revenue from advertisers who want to reach those stations’ listeners. However, the stations repeatedly seek to reduce compensation to the songwriters and music rights owners that create the very music that establishes their listenership and drives their revenues.

Terrestrial radio isn’t the only industry trying to reduce payments to music creators and rights’ owners. Those of us who regularly handle music licenses know that attempts to undervalue music also come from Internet and digital companies, as well as small bars and restaurants. Visual productions seeking synchronization and master use licenses also regularly try to lowball license fees or request gratis uses.

It is up to music creators and rights’ owners to value music (#valuemusic) and require proper payment for uses of their music, and to those that use music to recognize the value that music brings to their project or business.

*This article does not constitute legal advice.

Erin M. Jacobson is a music attorney whose clients include Grammy and Emmy Award winners, legacy clients and catalogues, songwriters, music publishers, record labels, and independent artists and companies. She is based in Los Angeles where she handles a wide variety of music agreements and negotiations, in addition to owning and overseeing all operations for Indie Artist Resource, the independent musician’s resource for legal and business protection.

by

Erin to Speak at TAXI Road Rally Convention, November 4-5, 2016

No comments yet

Categories: Music Contracts, Music Industry, Speaking, Tags: , , , , , , , , , , , , , , , , , , , , ,

Erin will speak at the TAXI Road Rally on November 4-5, 2016.

Here is Erin’s presentation schedule:

Friday, November 4, 2016, 2:45pm-4:15pm

Don’t Get Screwed! How to Protect Yourself as an Independent Musician
with Erin M. Jacobson, Esq.

Saturday, November 5, 2016, 4:30pm-6:00pm

Understanding Music Library Agreements
with Erin M. Jacobson, Esq.

(in this session, you can bring actual library agreements and ask questions about the language in those agreements)

Both sessions with have ample opportunity for Q&A.

The TAXI Road Rally is for TAXI Members and will be held at the Westin LAX.  For more information on the Road Rally, including schedule and entrance information, visit TAXI.com.

by

The DOJ’s Discordant Decision: An Overview of the Ruling and Its Repercussions

No comments yet

Categories: Articles, Legal Issues, Music, Music Industry, Music Publishing, Performance, Royalties, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

doj-decisionPerformance rights organizations (“PRO’s”) are organizations that track and collect performance royalties on behalf of songwriters and music publishers. In the United States, there are four PRO’s: ASCAP, BMI, SESAC, and Global Music Rights (“GMR”). ASCAP and BMI are the two largest U.S. PRO’s and are also non-profit organizations. Since 1941, ASCAP and BMI have been subject to consent decrees issued by the Department of Justice (“DOJ”). These consent decrees are agreements that allow the government to regulate ASCAP and BMI’s license fees and how they operate in order to prevent monopolization and encourage competition. SESAC and GMR are both independent, privately owned companies that operate on a for-profit basis and are not subject to consent decrees.

In 2014, the music community asked for a review of these decrees and requested the removal of digital licensing from the blanket licenses offered by the PRO’s, allowing publishers to negotiate directly with and be paid higher rates by companies licensing music for digital uses.  This is referred to as “Digital Rights Withdrawal” or “DRW.” Digital giants like Google, Pandora, and Sirius/XM, joined by terrestrial radio, lobbied against DRW in order to pay smaller licensing fees to music owners.   The DOJ denied the music community’s request for DRW and has now mandated that music publishers be either “all-in” or “all-out” with the PRO’s, meaning that publishers must allow the PRO’s to license all types of performances of their catalogues or none at all.

In its recent ruling, the DOJ also chose to enforce “full-work licensing,” also known as “100% licensing.”   Under the practice of 100% licensing, any person with a percentage of ownership of the work has the right to license 100% of the work, not just the percentage owned. That licensor is then liable to account to other co-owners of the work for those co-owners’ share of compensation. This principle is in line with the provisions of copyright law governing joint works, and the longstanding language of the consent decrees supports the practice of full-work licensing. Despite the language of the consent decrees, the music industry has never operated on a 100% licensing basis. The principle of allowing one co-owner to license an entire work can be overridden by a contract between the parties, and the music industry has always operated on a “fractional licensing” basis where most owners agree in writing that each owner will administer its own share. Music users obtaining licenses have also historically accepted the practice of fractional licensing, and those users experienced with PRO licenses know that one must get a license from each PRO so that all shares of co-written compositions are covered. PRO’s also collect license fees from music users and pay its members/affiliates on a fractional basis, i.e. the amount collected or paid is proportional to the share of the composition controlled by that PRO.

While the language of the consent decrees and the practice of the industry have long been out-of-sync, the DOJ’s sudden decision to enforce 100% licensing may force an entire industry to change its longstanding way of doing business. The DOJ’s ruling stipulated that if a PRO cannot license 100% of a composition, then that PRO cannot license that composition at all. This means that any compositions written by co-writers belonging to different societies would potentially become unlicensable by the PRO’s.

What Problems Does This Create?

Those that lobbied against reforming the consent decrees failed to realize that their efforts to pay less may also prevent them from using or playing a large percentage of music, or may require them to remove music from rebroadcasts of older programming, because much of the music they wish to use may become unlicensable by the PRO’s.   If compositions are unlicensable by the PRO’s, then music users will have to go directly to music owners for performance licenses. While obtaining direct licenses may be feasible for more experienced users, many music users will not know where to find composition owners or how to go about obtaining licenses from them. If compositions become unlicenseable by the PROs and licenses are not obtained directly from the music owners, it is possible that many compositions may not be used, or many compositions may be used without permission resulting in copyright infringement.

All of these scenarios may hinder music owners from receiving payments for performance royalties, and without the PRO’s, music owners will be responsible for tracking and policing all uses of their music, which is normally too labor intensive and financially burdensome for most music owners.

Foreign performance societies, writers, and publishers are also affected by the DOJ’s ruling. Via reciprocal agreements, U.S. and foreign PRO’s work together to track and collect royalties for performances in a work’s home country and foreign countries. If certain works become unlicensable by U.S. PRO’s, then foreign societies and owners may have to track U.S. performances of their works in the U.S. Anyone in the U.S. wishing to use a foreign work not licensable by a U.S. PRO will have to get a direct license from the foreign licensor. In addition, U.S. owners issuing direct licenses may have to track and collect on foreign performances outside of the societies. Again, this creates burdens on all societies and owners, as well as opening the door for mass amounts of infringement and owners not receiving payments.

The DOJ proposed a solution of modifying all past agreements between co-writers of different societies to allow administration by one owner or PRO. This would apply to both U.S. and foreign writers and publishers. However, this is an impractical solution because many writers will not want another PRO that is not their chosen PRO collecting on their behalf; many writers do not speak to past co-writers or know where to find them; many writers are deceased, leaving one or more co-writers to deal with heirs that may not understand the principles involved or cannot be found; and many writers will not have the financial resources to have their agreements amended.

From a creative standpoint, many writers feel the DOJ’s decision will restrict them to only writing with co-writers from their chosen PRO. Restricting the freedom of writers to collaborate would be a fatal blow to creativity itself and cause many musicians to relegate music to a hobby rather than a career.

Where Are We Now?

The DOJ has allowed ASCAP and BMI a period of one year to comply with the new mandated changes, and if they are still non-compliant after one year, the DOJ can sue ASCAP and BMI for non-compliance with its decision. However, the one-year compliance period has not started yet, and will be delayed by the current efforts of BMI and ASCAP to get this decision reversed.

As of this writing, BMI has sued the DOJ and is appealing the ruling through legal proceedings. ASCAP is developing a lobbying strategy to seek much needed Congressional support and achieve changes from the legislative side. Those of us on the forefront of this issue feel it is best to wait until we have a definite outcome before spending time and resources on modifying agreements or making other changes to longstanding industry practices.  However, consult with me on this issue if you are concerned.

Some resources to take action and stay up to date include www.standwithsongwriters.org and www.artistrightswatch.com.

 

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. This article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on, act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

by

Why Posting a Cover Song on YouTube is Copyright Infringement

4 comments

Categories: Articles, Copyright, Infringement, Legal Issues, Music, Music Industry, Music Publishing, Royalties, Social Media, Tags: , , , , , , , , , , , , ,

by Erin M. Jacobson, Esq.

Erin Jacobson music attorney music industry lawyer youtube cover song copyright infringement

New artists trying to get discovered will frequently cover famous songs and upload videos of them performing these songs on YouTube. Many artists do not realize that without securing the proper permissions, posting a cover song on YouTube is actually copyright infringement.

User-generated cover song videos require permission to use the composition and permission to synchronize the audio elements with the video.*

To cover a composition, one needs to get a mechanical license. A mechanical license allows someone to record a song that has already been recorded and distributed by another artist. A mechanical license is most often obtained through the Harry Fox Agency. The related royalty stream is called a “mechanical royalty” which is a royalty payable to a composition owner for the privilege of being allowed to record that composition. This is the 9.1 cent royalty often mentioned in the music business.

However, the mechanical license only covers audio recordings of the original composition. It does not cover the synchronization of the audio with the video portion, for which one needs to obtain a synchronization or “sync” license. This is where most people get tripped up because they don’t get a synchronization license from the composition owner (usually the music publisher).

An artist who does not get permission from the owner of the song he is covering to synchronize his cover version with the accompanying video is infringing the copyright of the original composition.  [tweetthis display_mode=”button_link”]Failure to get a sync license for your YouTube cover song video is copyright infringement.[/tweetthis]

The consequences of posting a cover song without the proper synchronization license vary. In some instances, the copyright owners of the original composition don’t know about the cover on YouTube or they choose to do nothing about it. In other cases, the copyright owners will send a DMCA takedown notice to YouTube and have the video taken down. Further still, someone who posts an unauthorized cover might get a cease-and-desist letter or the threat of legal action, and might actually get sued, leading to liability for a lot of money in copyright infringement damages.

Do you have more questions or need a license for your project?  Contact Erin now to get your questions answered.

* In the case of a cover song, the original master recording is not used because someone else is making his or her own recording of the song and therefore no label permission is necessary. If one plans to use the original master recording in a video, that person would have to go to the master owner (usually the record label) and get a master use license to be able to pair the master recording with the video. I won’t discuss the performance right here since YouTube and similar websites have blanket licenses from the performance rights organizations. However, if an artist is uploading these videos to his or her personal website, that artist is also liable for the payment of performance royalties.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or mattersThis article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user and Erin M. Jacobson, Esq. is not acting as your attorney or providing you with legal advice.   The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on,act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

 

by

Speaking at the 2015 TAXI Music Road Rally

No comments yet

Categories: Clients, Interview, Law, Legal Issues, Music, Music Industry, Music Industry Interviews, Speaking, Tags: , , , , , , , , , , , , , , , ,

On November 7, 2015, I spoke at the TAXI Music Road Rally on music library contracts.

I began the session by explaining the most important and common deal points in music library contracts, and then discussed specific contract clauses and wrapped up by answering questions from the audience.

Many songwriters and composers came up to me after the session to tell me how helpful the session was for them.  I am so grateful I was able to be of service to them!

Here are a couple photos from the event:

by

Do You Need a Music Publisher?

No comments yet

Categories: Articles, Business, Music Industry, Music Publishing, Tags: , , , , , , , , , ,

Some musicians have music publishing deals, some musicians have their own publishing companies, and some have both. For many independent musicians, owning their own publishing companies often means nothing more than just having name for publishing matters rather than a fully functioning entity. Musicians often ask me the difference between handling their publishing themselves and what a music publisher will do for them.

1. Manage your catalog

A publisher will handle all copyright registrations, filings with performing rights organizations and mechanical rights collection societies, and other more procedural aspects of owning intellectual property. A publisher will also receive any license requests to use your music and handle the contracts associated with these uses, negotiating the best price they can, which makes sense because they get to take a cut of the proceeds. A publisher will also fight against any unwarranted uses of your music, including suing for infringement if necessary. Again, this is because the publisher usually has a stake in the copyright ownership and income generated from your compositions. A publisher will also have relationships with foreign companies and can enter into agreements so that your music can be promoted and administered in those countries, thus creating more opportunities for you and expanding your fanbase.

2. Promote your catalog

A good publisher that believes in you and stands to profit from your music will find ways to promote it and help you (and them) make more money. This will usually include pitching your music for use in TV and film, pitching your music to other artists in order to get those artists to record your compositions, arranging for sheet music or other reprints of your music for sale, and any other opportunities to promote your compositions and get them recorded.

3. Pair you with co-writers

Some writers mostly write alone, some only write with others, and some may write alone and with others. Sometimes, writing with other people can help a songwriter break into a new genre or get new creative juices flowing when the two writers can vibe on each other’s energy. A publisher will help to facilitate these relationships, as the more great songs its writer writes, the more everyone stands to benefit. Also, if you are a promising writer who has a deal but are still building your resume, your publisher may be able to pair you up with more seasoned writers to help advance your career.

4. Collect income

From a logistical standpoint, this is one of the most important functions of the publisher because an experienced publisher understands all the different revenue streams in the business, how to collect these revenues, and how and what you should be paid. A publisher can also pursue monies you should be receiving but haven’t, and audit your label or other companies with which you’ve collaborated to make sure you are getting paid correctly. In addition, if you are to pay any co-writers or other collaborators, your publisher can take care of this for you so that you don’t have to worry about understanding the complexities of the royalty streams and who gets paid what, as well as dealing with the minutiae of the task, leaving you more time to focus on creating great music.

 

In my opinion, the functions of the publisher can be grouped into two very important areas: promoting your music and taking care of the business end (registrations, contracts, and royalty collection and payment). Both of these aspects are helpful to you and allow you to focus your time on creating music instead of promoting or bookkeeping. A publisher’s relationships and connections can be key to moving your career forward, and any reputable publisher will have administrative systems already established so that the business side runs smoothly. However,most music publishing deals require you to give up all or a portion of your copyright ownership, and all publishing deals will require a percentage of your publishing income as payment for their services. For independent songwriters without a publishing deal or who want to retain full ownership of their compositions, the next best option is to hire a great music lawyer to handle the business part of the equation, but the promotional aspects will still be up to the songwriter. Only you can decide whether these trade-offs are right for your career, or if retaining full ownership and spending more of your time on business work makes you more comfortable.

 

This post was originally published on Sonicbids.com.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity. This article does not constitute or create a lawyer-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

 

by

How to Protect Your Music and Avoid Legal Pitfalls

No comments yet

Categories: Business, Copyright, Infringement, Law, Legal Issues, Music Industry, Music Publishing, Record Labels, Royalties, Trademark, Tags: , , , , , , , , , , , , , , , ,

I recently had the privilege of being interviewed for My Music Masterclass about how musicians can protect their music, avoid some common legal pitfalls, and more.  The video is available for a temporary stream or permanent download HERE.

My Music Masterclass is a fantastic website where users can view exclusive masterclass sessions with the top touring musicians and industry professionals.  (Registration required and there is a small fee for the streams and downloads.)

You can view a preview of the full video below.  This video is packed with a lot of information and I hope it helps artists to further understand and take control of their careers.

Please don’t hesitate to contact me so I can help you to protect your music and grow your career.

Stream or download the full video here!

This preview video is also available on YouTube – please like, comment, and share it!  (Subscribe to my YouTube channel here.)

The information contained in this video and any linked resource is intended to provide general information and does not constitute legal advice by Erin M. Jacobson, Esq. or My Music Masterclass. The content is not guaranteed to be correct, complete, or up-to-date. This video is not intended to create an attorney-client relationship between you and Erin M. Jacobson, Esq. and you should not act or rely on any information in this video without seeking the advice of an attorney.   YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. ERIN M. JACOBSON, ESQ. AND/OR MY MUSIC MASTERCLASS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO THE USE OF THIS INFORMATION.

by

Client Kiss the Girl scores another placement on 90210 – tonight!

No comments yet

Categories: Clients, Tags: , , , , , , ,

Tonight, 90210 will feature the song “Control” by my client, Kiss the Girl.  Watch it tonight at 8 PM on KTLA 5.

Buy “Control” and other songs from Kiss the Girl’s album, Touch, on iTunes.

Kiss the Girl

by

Client Kiss the Girl placements on 90210

No comments yet

Categories: Clients, Tags: , , , , , , ,

One of my clients, Kiss the Girl, recently had two (2!) songs placed on Beverly Hills 90210.  The songs are “Ride” and “She Likes Girls.”  You can see the placements on KTG’s YouTube site.  Also, see this article about the placements with links to purchase the songs on iTunes.

Congrats to Kiss the Girl!

1 2