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Re: OT: composers and musicians being paid their royalties, was Fripp and Eno


To answer some of these question I need to state some facts first.  
There is a third legal right, connected to recorded music, that no  
one have yet mentioned in this thread and that is the right to embed  
a recording in some physical medium to fabricate copies. A record  
label has to achieve a license from the composer to do this. This is  
regulated by a fee per copy when you print/duplicate CD's and the  
printing plants look to it being done. But in your case, you are all  
three players in one person; you are the composer, you are the artist  
and you are the record label. This means you have to pay this  
"mechanization" license to yourself. In Scandinavia there is a danish  
organization named NCB (Nordic Copyright Bureau) that administrates  
this, in close collaboration with STIM. We have a certain legal  
exception that states that if you are both the composer and the  
record label (i.e. printing an issue of your own music) you can skip  
over this fee if not making more than 1000 copies in total. So,  
you're referred project did exceed that free zone by ten times!

If you work with established record labels and publishers this  
"mechanization" NCB license can be good sent and bring lots of money  
to you (if you are the composer) before a record is even released.  
This happens if your label/publisher manages to pitch one track to  
some sampler album (a collection of different artists on one CD)  
because samplers are normally printed in huge issues, which means  
more money up front going to the composers for the mechanization  

If music is used in public and the composers are not associated with  
a PRO the performance money goes back to the PRO and typically into  
foundations of different kind. In Scandinavia STIM runs a lot of  
those and the money is given away every year as scholarships or  
gratifications to support young and talented composers/musicians. I  
can't answer for how this is handled in other countries though, but  
why not do a couple of phone calls and ask the guys that work with  
that? I did so here and even went for a little "interviewing tour"  
around record labels and publishing companies, to meet people for 30  
minutes and put them all these kind of questions in person. Tell them  
you're writing an article or prepare a lecture or whatever, that's a  
door opener as good as any.

> how do we songwriters know where our
> music is being played and where the Gema is
> collecting?

We don't. The statement I receive from STIM doesn't either specify  
more than which registered work the money emanates from. Usually  
radio producers fill in lists of what music is being played on air,  
if this is not all automated by a computer system.

Greetings from Sweden

Per Boysen
www.boysen.se (Swedish)
www.looproom.com (international)

On 18 jul 2007, at 00.54, L.A. Angulo wrote:

> Hey Per,
> thanx for mentioning this,i have no idea if the Gema
> is really working for me i am absolutely blind when it
> comes to this, the reason why i joined them back when
> we released our first CD is because you are forced to
> before CD duplication.I think this is bullshit forcing
> starting artists to pay a fee, the gema should allow
> new artists pressing from 500 to 1000 copies Gema
> free.The way i see it this organizations are only
> worth it if u are selling like hot pankakes, the are
> now plagued with burocrats smoking cigars getting
> richer and richer.We sold over 10,000 of our first CD
> back in 1998 and it took about 4 years to get any
> money from them!i can see also how this serves only as
> an obstacle for anything new musically happening,ive
> been turned down to play unwillingly forbar owners in
> some places in Munich because they had to pay big
> fines for even playing a CD!same thing with the fee
> you are forced to pay here for listening to crap radio
> and TV plagued with loud commercials.
> My quesion is how do we songwriters know where our
> music is being played and where the Gema is
> collecting? the statements that i get from them dont
> specify anything and also what happens if you dont
> belong to any performing rights organizations,that is
> where does the money goes? do you think that the
> scandinavian STIM would be any better?
> cheers
> Luis
>> Speaking PRO's, it seems to me the Scandinavian
>> based STIM does a
>> pretty good job. But it all depends on you, as the
>> author of your
>> work, to properly register your work with the PRO.
>> There are
>> different kind of legal rights to music, the
>> author's rights are the
>> biggest part. Then there are so called neighboring
>> rights as well,
>> i.e. the rights of musicians that played on a
>> recording without
>> actually being the composer of the music. In Sweden
>> there is a
>> special "PRO" for those neighboringrights called
>> SAMI (Swedish
>> Artist's and Musician's Interest organization). I
>> recently, totally
>> unexpectedly,  received a bit over a thousand
>> dollars that way for
>> "air plays abroad". No specification on which
>> country or which
>> recordings, so there's no way to know if the figure
>> is correct or
>> not. Maybe some track, with me as studio musician,
>> became a radio hit
>> somewhere in the world? It's like a lottery, I
>> think.
>> Greetings from Sweden
>> Per Boysen
>> www.boysen.se (Swedish)
>> www.looproom.com (international)
> www.myspace.com/luisangulocom
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