|
As I write this Foyd's 'Money' is on the radio So, if one has a contract for managing royalties,the contractor has a right to their cut for any use mechanical or otherwise,of material covered under the contract,whatever particulars that contract states. It would seem reasonable to write in an exception for performances by the composer ,or rights holder. These days if that exception covers a website that gets a lot of hits it could add up to a significant loss for the contractor,esp if the song can be downloaded from there. I'm not defending the practice ,just making an observation. When ascap charges venues for live performance based on whatever arcane numbers they use to come up with an average,how much does one end up paying,and how much does one get back?Cause if royalties are collected,the contractee has to get their cut.Ie if Ascap collects 20 bucks for material being performed,they get their % and the rest goes to the whoever ones the performance or mechanical rights. So it's a matter of how many points against he net the publishing rights contractor gets. If Townshend pays ,or payed more to play his tunes than his cut added up to something is wrong. He may have signed dumb contracts. I wonder how many other people get points against the net. Some people sign away large cuts to not just management,but for rights to shop material, (to other artists labels studios,advertisers etc.) The shoppers usually have rights to a cut even if they didn't the tune as long as royalties or fees are paid they get their cut. I knew someone who signed 50% of his rights for someone to shop them. Such contracts usually last a number of years ,so that the composer/rights holder can't use the agents services to get success ,and then cut them out. It's easy end up with not even crumbs but shavings of the profits. Some discussions of recent changes to the law in the US http://www.broadcastlawblog.com/archives/website-issues-internet-radio-reminder-no-more-aggregate-tuning-hour-royalty-after-january-1.html http://www.broadcastlawblog.com/archives/internet-radio-rate-court-determines-ascap-fees-for-large-webcasters-some-interesting-contrasts-with-the-copyright-royalty-board-decision.html |