BMI

‘No Macarena for Trump’? A Response From Broadcast Music, Inc. (BMI)

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Global Music Rights seeks dismissal of radio industry’s monopoly case

BMI goes to court over interim royalty rate proposed by US radio

Signing Up With ASCAP, BMI Not Enough

Signing Up With ASCAP, BMI Not EnoughWhile many in the music industry are quick to bemoan the difficulty of earning significant income from music publishing , the reality is that there more opportunities than ever to do so, although simply registering with ASCAP and BMI probably won’t cut it . ____________________ Music publishing collection for your songs is more than signing up with ASCAP or BMI. If you make your own original music as an independent artist, songwriter, producer, composer, or lyricist, there are more opportunities than ever to earn significant income from music publishing . Sadly though, many artists think they’ve covered all the bases in terms of publishing royalty collection when they affiliate themselves with an organization like ASCAP, BMI, or SESAC. ASCAP or BMI is not your publisher It’s first important to know that ASCAP, BMI, SESAC, SOCAN, and other associations that collect performance royalties on behalf of songwriters and publishers are called “Performing Rights Organizations,” or P.R.O.s. They are not your publisher, and do no act as you publisher. They do one thing: collect performance royalties. Performing Rights Organizations do not collect all the publishing royalties you’re owed — just the “performance” royalty While these services do perform a valuable and […]

Do Freemium music services offer greater revenue per user than the freemium combo of Radio and Sales?

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Radio Group Argues That Price Tag for a Catalog of Classics Is Monopolistic

Irving Azoff is photographed for New York Times on March 10, 2016 in Los Angeles. Global Music Rights (GMR), the boutique performance rights organization launched by well-known industry executive Irving Azoff in 2013, is looking to charge the Radio Music Licensing Committee (RLMC) over $42 million for a blanket license to play the music it controls. The RMLC represents nearly 10,000 U.S. commercial radio broadcasting stations. In response to that price tag, the RLMC, which has been in protracted negotiations with GMR over the deal, filed a lawsuit against GMR last week , alleging that the small PRO is operating as a monopoly. The RMLC is hoping that, instead of the $42 million price tag it considers unfair, the rate it charges can be determined via arbitration. According to the suit, GMR has amassed a bundle of “essential works” — about 20,000 songs written or performed by artists like Adele , Aerosmith , the Beatles , Bruno Mars , Jay Z , Madonna , Pharrell Williams , Ryan Tedder , the Steve Miller Band , Taylor Swift , Tom Petty and The Heartbreakers , and U2 , among many others. The RMLC complaint alleges that while GMR’s share of […]

BMI Responds to DOJ Appeal of Fractional Licensing Ruling

Dear BMI member, As you know, on September 16 federal Judge Louis Stanton issued an order rejecting the U.S. Department of Justice’s (DOJ) recent interpretation of the BMI consent decree, concluding that BMI is free to engage in the fractional licensing of musical works. As we expected, the DOJ filed a motion today to appeal that decision. Rest assured that BMI is well prepared to once again defend our position in court. I would like to share my statement to the press regarding the appeal: “While we hoped the DOJ would accept Judge Stanton’s decision, we are not surprised it chose to file an appeal. It is unfortunate that the DOJ continues to fight for an interpretation of BMI’s consent decree that is at odds with hundreds of thousands of songwriters and composers, the country’s two largest performing rights organizations, numerous publishers and members of the music community, members of Congress, a U.S. Governor, the U.S. Copyright Office and, in Judge Stanton, a federal judge. We believe Judge Stanton’s decision is correct and look forward to defending our position in the Court of Appeals for the Second Circuit.” As always, I will continue to update you on further happenings […]

Artists Rights Society: U.S. Petition in Favor of the Artist Resale Right

Visual Artists Receive No Royalties or Residuals for the Later Sale of Their Works To view the petition on ARS’ website, please click here. Visual artists are the only members of the creative community in the U.S. that do not receive residual payments for the later sales of their works. Composers and lyricists will collect some two billion dollars this year in royalties for their compositions, distributed by their rights societies, chiefly ASCAP and BMI. Playwrights and screenwriters get public performance royalties. Actors in film and TV get residuals. Unfortunately, visual artists do not earn a penny in residual or resale payments. The benefits derived from the resale of their works accrue entirely to collectors, auction houses, and galleries. Adoption of the Right in Europe The history of the right goes back to France which adopted the resale royalty nearly 100 years ago, in 1920. There, and in the rest of Europe, the resale right is known as the Droit de Suite. A European Union directive of 2001 (2001 / 84 / EC) mandated the adoption of the droit de suite by all European member states, and now a harmonized resale royalty rule exists in the EU countries. Some 60 additional nations have the resale right as well. Eligibility and Reciprocity Among Nations It must be emphasized that beneficiaries of the resale royalty in countries possessing that right, must hail from a nation which also accords its resale right to foreign nationals on a reciprocal basis. As the U.S. does not afford this right to foreign artists, let alone to its own citizens, American artists are precluded from obtaining resale royalties abroad. Thus, the very significant sale of U.S. works overseas produces no revenue for their American creators. As the U.S. Copyright Office has recently noted, “Many visual artists […]

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