SoundCheck: After A Song Is Downloaded Outside The US, Where Do The Songwriter's Royalties Go?

2 Comments

  • MalikBee - 12 years ago

    so the merry go round full of bull continues~

  • roger - 12 years ago

    My fellow composers and publishers:

    Wake up!

    You have to examine the financial incentive for digital download
    services to look the other way from copyright infringements.

    This is what I know:

    My daughter downloaded some of my oldies from iTunes and
    charged the cost to her account with them. Do you think I ever
    saw one dime from those sales or could find out who actually put
    the songs up there? Do you think Apple/iTunes will reveal the
    names and addresses of the pirates they wink at? Can you even
    imagine the size of the class action they would face if everybody
    they've helped rip off came together in litigation?

    Apple/iTunes takes 34 cents off the top for a 99 cent download.
    As long as the party posting the content onto Itunes checks off a
    box saying they will comply with copyright law, Apple is perfectly
    content not to look any further. They never ask to be shown any
    documentation that their "clients" actually have the right to post
    said content with them. They have the most minimalist disclaimer
    for their profiteering from the work of pirates. And if you notify
    them, they will either ignore you or just take down the songs and
    make no effort to ascertain whether your claim has ever been
    adjudicated by their "clients."

    When I bring product to Discmakers, I have to show a credit card
    receipt from the Harry Fox Agency showing I paid 9.1 cents per
    song per CD I order burned for every copyright I don't control. If
    I pay for 1500 licenses, Discmakers won't burn 1501 CDs and trust
    me to pay HFA the difference. I get exactly 1500 copies which are
    all I'm authorized to have made, even if they are purely promotional
    copies and not for sale. Once they leave Pennsauken, even without
    shrinkwrap, who's to say I wouldn't decide later to sell them? --
    therefore I must furnish written proof I can order the CDs in the
    amount licensed. Apple/iTunes demands no such documentation.
    Why should they? Who's going to take them on?

    Now if you ask an entertainment lawyer to help you correct this
    obvious abuse, they will tell you they have no thought of going after
    Apple. They will tell you Apple's army of lawyers will drown them
    in motions and paperwork and bankrupt them before you ever get
    your day in court. They are probably telling you the truth. In real
    life, bet on Goliath.

    BMI won't touch it because these are essentially mechanical royalties
    at stake, not performance rights licenses. They don't even go after
    radio stations that don't log their airplay -- even when you report it.
    They'd rather go after some bar in East Podunk that plays music on
    the weekends and doesn't pay for the use of their catalogue because
    they don't have to expend any real resources to go after them. It's
    low-hanging fruit.

    Even HFA, which specifically handles collection of the mechanical
    royalties due from downloads, never seems to find the resources to
    go after this chronic abuse.

    So, folks, you're on you own.

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