Re: CARP passed- this sucks.

[Kim Flint <kflint@loopers-delight.com>]

Hi Valerie-


At 08:23 PM 6/21/2002, valerie wrote:
>A good explanation is here:
>http://www.washingtonpost.com/wp-dyn/articles/A8271-2002May25.html


thanks for the article, that was interesting and helps me come up to speed 
a little on the whole thing.

But now I'm totally confused as to why musicians would be fighting this. 
As 
that article states, the existing situation with broadcast radio was that 
musicians and performers didn't get anything. We all got screwed there a 
long time ago, before any of us had an opportunity to do anything about 
it. 
Now, according to this article, there is new legislation in place that 
guarantees musicians and performers a chunk of the royalty in the case of 
new forms of broadcasting over the internet. Sounds like a victory to me. 
Finally musicians get some pay for all the work they do to bring money to 
somebody else.

So why fight against that? It doesn't make sense to me. It seems to me you 
should all be fighting to get the laws changed so royalties are also paid 
to musicians by the broadcast radio business as well. You achieved one 
victory with internet broadcasters, now march on to get another one. Am I 
missing something in all this?

Well, it does explain one thing to me. It sure is clear why musicians are 
always poor and getting screwed out of their rights. When somebody finally 
offers you something you fight against it? Please don't tell me you 
actually think the internet industry is on your side any more than the 
recording industry or the broadcast industry. They are all seeking to 
maximize their own profit, because this is capitalism. If you are not 
sticking up for yourself, they will ALL happily maximize it at your 
expense.


>Also, I've heard but have yet to confirm that the RIAA will be collecting 
>fees "on behalf" of artists and labels that are not RIAA members. Meaning
>that if I have a song that plays on somafm or any live365 stream (etc) the
>RIAA is collecting money for that song... and I highly doubt that I or any
>other small artist will see that money unless we go to the RIAA and demand
>it.
>-

Oh, the RIAA bit... I don't know much about them or why there is so much 
animosity towards them. (don't have much time to follow this stuff 
lately.) 
I remember a while back when they were fighting against sampling, which I 
thought was really idiotic. Is that it? Anyway, you are concerned that 
they 
will collect money on your behalf, but never pay you. The way I see it:

-if there was no requirement to collect money for you, you definitely 
never 
get paid. (as with broadcast radio)

- If there is a requirement to collect money, but no organization assigned 
to handle that, you probably never get paid. No money actually collected 
in 
an account to pay you with and nobody to hold accountable. good luck.

- If there is a requirement to collect money for you, and an organization 
assigned to do that (whether they are evil or not), and they actually do 
collect money, your chances of getting it are pretty good. that seems to 
be 
the situation you've achieved, congratulations!

If the RIAA collects the money and does not pay you, you have a good legal 
position to stand on. (as i understood from that article, based on digital 
millennium act or whatever.) That is the best position to be in, you have 
money collected, a legal right to it, and somebody to hold accountable. 
The 
obvious recourse would be a class action lawsuit against them to collect 
the money owed and ensure future money is paid. That would be pretty 
straightforward, I would think. You could also bring the problem to the 
attention of your congress person, and perhaps the law would be amended to 
correct whatever problems happen in practice, or the RIAA could be 
threatened with losing their position if they don't follow the rules. That 
might be slower, but never hurts.

kim


______________________________________________________________________
Kim Flint                     | Looper's Delight
kflint@loopers-delight.com    | http://www.loopers-delight.com