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Mesh
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 15:38:52 (permalink)
If I could just make 1/2 the money I spent on plugins, I'd be a rich man.......(Bapu would be a millionaire).

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#31
craigb
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 16:46:07 (permalink)


 
Time for all of you to head over to Beyond My DAW!
#32
slartabartfast
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 19:07:51 (permalink) ☄ Helpfulby tlw 2015/04/17 22:52:42
Sharke, it looks like there have been deletions from the discussion, so I am clearly commenting on comments you made to something I have not seen. Nonetheless, you seem to be characterizing this bill as some sort of government interference in the conduct of business. Although  such interference may be objectionable to you on philosophical (and possibly on practical) grounds, this bill does not do what you say. It is instead a withdrawal of the government from a lopsided advantage conferred by the government on one business (radio stations) over another business (recording performers). The rights of a performer in the creation of a recorded work were pretty well recognized by legal decisions prior to any specific performance rights legislation, and derive from the general principle of copyright that the creator owns his contribution to the work of art. Under ordinary circumstances, the performer would require payment for the use of his recorded performance from the venue where it is played, just as the composer would charge for the basic song, and just as the guy selling beer would expect to be paid for the use of his product. 
 
As it became clear that the courts were beginning to recognize that the people who made the recordings including the performers and recordists were entitled to intellectual property rights, the Congress no doubt more sensitive to the influence of a major communication industry which could have an impressive impact in shaping the public opinion regarding the wisdom of re-electing anyone who opposed them than to the limited clout of the recording industry and the working poor performers, blocked the performer's access to any portion of income derived by radio from their recordings by a piece of law. The only fairness argument proposed for this massive government transfer of individual rights to an industry was that there was a theoretical benefit to the free airplay of recordings in that such wide distribution of an evanescent form of the music would cause the public to buy the physical recordings--in effect the performers/recordists were getting free advertising and would be expected to make their money in record sales.
 
If you read the proposed bill, you will find that it is mostly a tedious list of deletions from the copyright law that removes the distinction between the rights a performer has in music played on radio and music played anywhere
else. As CD sales plummet, the value of the "free advertising" clearly falls as well. There is no longer any justification for this aberration of the principles of copyright to give free product to a politically powerful industry by allowing the taking of it from the creators. A similar bill was proposed in 2009, and you may find the testimony by the copyright office regarding that bill expresses SongCraft's points more elegantly. Unfortunately, the radio industry lobby was able to kill that bill before it could become law. They are still in a position to do so with this latest bill. 
 
http://www.copyright.gov/docs/regstat070509.html
 
 
#33
sharke
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 19:56:21 (permalink)
I appreciate your points slartabartfast, but if you read my posts closely you will see that I was commenting specifically on SongCraft's comment that the bill also affects Spotify and other streaming sites, not broadcast radio. I have not read the bill, but since Spotify already pays performing artists for every stream, it's not clear what is meant by this. I can only assume that the bill seeks to make Spotify pay more to artists than the current rate.  SongCraft went on to suggest that sites like Spotify would have to change their business model to "adapt," if they didn't want to "fade away" (i.e. go out of business). If this is the case then I oppose it as I would oppose any attempt by government to interfere with a business's prices. 
 
A quick Googling around left me in the dark too - all the articles I've read seem to be quite vague about what it means for Spotify. Perhaps either you or SongCraft could enlighten me to this end. 

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#34
Beagle
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 20:01:13 (permalink)
slartabartfast
Sharke, it looks like there have been deletions from the discussion, so I am clearly commenting on comments you made to something I have not seen. 

Just FYI - nothing in this thread has been deleted.  at least a couple of the hosts are watching the thread to make sure it stays civil, but nothing yet has been deleted.

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#35
gcolbert
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 21:19:25 (permalink)
They still play music on AM/FM Radio?

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#36
dubdisciple
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 22:45:35 (permalink)
It's  interesting  that it is being suggested that streqming services adapt when they are the ones at the forefront of change. Kids around here listen to spotify more than radio
#37
SongCraft
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/17 22:50:26 (permalink)
It won't change my 'opinion' based on benevolent cause i.e equality/fairness.
I have the courage to take action 'against corporations' - But here at Cakewalk forums I am being driven away because I stand by my 'opinion' to support Fair Pay
 
The following are excepts from links/articles on this topic.
 
  • The Fair Play, Fair Pay Act aims to equalize royalty payments to musicians from all forms of radio. -  LA Times
  • “For decades, music services have gotten away with building their business on the backs of hardworking musicians, paying unfair rates -- and in the case of the $17.5-billion radio industry, paying nothing at all -- for the music they use,” said Michael Huppe (SoundExchange) - LA Times
  • "We artists and musicians have the right to expect from our profession what others expect from their professions. That through hard work and determination, perspiration and inspiration, we'll have the same fair shot to realize our dreams, answer our callings, support our families. I respect my profession. I respect artists. I respect music." - Blake Morgan, Independent musician, singer, songwriter, producer. -  I Respect Music.Org
  • “This bill establishes a uniform fair market value royalty standard for all services.     
    LA Times.
  • The musicFirst coalition of music organizations notes that, “alongside China, Iran and North Korea, we are one of only a handful of countries that don’t pay performers when their music is played over AM/FM radio. Unfortunately, because we refuse to reciprocate, music creators in the United States are denied performance royalties for their international airplay. That is a loss for performers that is estimated to cost the United States economy $100 million or more a year.” - MusicFirst Coalition. LA Times.
  • Broadcasters say they favor fairness concerning payments, but instead support two other measures, the Local Radio Freedom Act - LA Times
  • The potential impact of Fair Play Fair Pay is enormous. The Independent music label sector has a direct impact on our economy, including cultivating thousands of middle-class domestic jobs and employment - Hyperbot News
  • We’re also losing overseas royalties because of the AM/FM radio loophole. Because the United States is the only one of 34 OECD countries that does not have an AM/FM performance right - Hyperbot News.
 
My wife is sitting next to me reading this topic and she is also very upset - She said; why are some users behaving so horribly towards me --- they assume, misconstrue and ridicule my opinion; supporting Independent musicians (Fair Pay)!.  Moshkita flames with intent to cause animosity and scare-mongering based on assumptions - This is very upsetting!
 
Sharke, obviously the comment you mentioned  "Apples and Oranges" ties in with CDs and Streaming.
 
I respect your opinion, although I disagree.
You know the old cliche, agree to disagree.
 
 
-----------------------------------------------------------------
 
 
                                 I will leave these forums
Reason: Offensive response of people who strongly object to my opinion, a worthy opinion to 'Support fellow 'INDEPENDENT' writers/performers and labels'. ((FAIR PAY))
 
 
Will miss some of the good folks here. There were good times. 
 
Btw, I've never really liked forum software/platforms -- they suck!
 
 
post edited by SongCraft - 2015/04/17 23:16:10

 
 
#38
sharke
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 00:37:58 (permalink)
Wow, well if you gotta go you gotta go. It's a shame man, it really is. People disagree with me all the time on matters I feel passionately about, but I've never gotten offended about it or felt like I had to cut myself off from them. My dad is a staunch libertarian and his best friend a raging socialist and they've been arguing about it for almost 50 years, yet never fallen out about it. 
 
But I guess if you equate people disagreeing with you with "being nasty to you" then you're going to feel like crap. Nothing anyone can do about that except tell you that you're mistaken. 

James
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#39
jamesg1213
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 02:36:18 (permalink)
Blimey, more drama.

 
Jyemz
 
 
 



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#40
craigb
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 03:13:42 (permalink)
Never understood that thinking in a forum.  Once had a guy in another forum who actually quit after years of involvement because he got into an online argument about beer.  He thought Budweiser was horrible (it is), but one other guy just happened to say that he likes it.  Then the usual opinion contest and the first guy quit in a huff.  Really, that was all there was to it!  Go figure.

 
Time for all of you to head over to Beyond My DAW!
#41
dubdisciple
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 03:19:02 (permalink) ☄ Helpfulby jamesg1213 2015/04/18 07:58:24
come on, dude.  Seriously? Just because a few people have a different take, you equate that to hostility?  i can probably count on one hand the number of times someone on these forums has agreed with me about a serious topic but i never assume hostility unless they make it very clear. i read the articles you posted and the issue is still not so black and white to me. I'm considered by society to be a reasonably intelligent guy and i am sure you are as well.  I think it's obvious that plenty of intelligent people can read the exact same material and form different opinions. 
 
If you really are leaving (and honestly, it is rare when people who make grand exits on the Internet really stay away), i wish you the best, but i also hope you one day realize that it is only natural for people to have different opinions than you without it being something ugly or malicious.  best of luck
#42
sharke
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 03:26:17 (permalink)
My brother deactivates his Facebook account when he splits up with a girl. It suddenly appears again a few weeks later. 
 
I had a friend back in the UK whom I'd known for 20 years and never had a cross word with him, launch into a tirade of rabid abuse and hatred because of some trivial offhand political comment I made on FB that he disagreed with. Told me never to set foot in the UK again, that sort of thing, and unfriended me. LOL! Life's way too short for that kind of nonsense. 

James
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#43
paulo
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 05:53:11 (permalink)
craigb
Never understood that thinking in a forum.  Once had a guy in another forum who actually quit after years of involvement because he got into an online argument about beer.  He thought Budweiser was horrible (it is), but one other guy just happened to say that he likes it.  Then the usual opinion contest and the first guy quit in a huff.  Really, that was all there was to it!  Go figure.




To be fair, there's generally no point in talking to anyone who thinks a Bud is a suitable replacement for a beer.
#44
craigb
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 06:02:40 (permalink)
paulo
craigb
Never understood that thinking in a forum.  Once had a guy in another forum who actually quit after years of involvement because he got into an online argument about beer.  He thought Budweiser was horrible (it is), but one other guy just happened to say that he likes it.  Then the usual opinion contest and the first guy quit in a huff.  Really, that was all there was to it!  Go figure.




To be fair, there's generally no point in talking to anyone who thinks a Bud is a suitable replacement for a beer.




Good point!

 
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#45
slartabartfast
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 14:29:52 (permalink)
sharke
I appreciate your points slartabartfast, but if you read my posts closely you will see that I was commenting specifically on SongCraft's comment that the bill also affects Spotify and other streaming sites, not broadcast radio. I have not read the bill, but since Spotify already pays performing artists for every stream, it's not clear what is meant by this. I can only assume that the bill seeks to make Spotify pay more to artists than the current rate.  SongCraft went on to suggest that sites like Spotify would have to change their business model to "adapt," if they didn't want to "fade away" (i.e. go out of business). If this is the case then I oppose it as I would oppose any attempt by government to interfere with a business's prices. 
 
A quick Googling around left me in the dark too - all the articles I've read seem to be quite vague about what it means for Spotify. Perhaps either you or SongCraft could enlighten me to this end. 




I can not speak to Spotify specifically, but if you and the newly departed SongCraft were to have a serious discussion, you would both need to do a great deal more homework to understand the issue. I recognize that a pseudo-religious animosity to any government intervention in the market may make understanding the issues moot, but I take your question in good faith.
 
The main thrust of the bill is to return copyright protection to recordings when they are played on broadcast radio. There is some overlap in what is considered broadcasting, the law treats a service like internet radio differently than it does on demand streaming or downloads. The distinction being that if the broadcaster chooses the playlist, and everyone receives the same song at the same time, that is broadcasting ("nonsubscription broadcast transmission"), even if the medium is the internet rather than radio waves. If the user chooses the song to download that is online streaming (single play) "subscription" distribution. So to the extent that online services have successfully been claiming to be broadcasting (operating an internet "radio station") and thus not paying recording owners anything for playing recordings, they would have to do so. 
 
Another issue arises from the history of recording rights in copyright.Before there was technology to record sound, the copyright statutes did not envision that it would arrive, so when it became possible to record music, the copyright law protected the songwriters and the publishers of paper music, but was mute on the rights of the creators of recordings. Early cases involved protection for the punched paper used in player pianos, and the courts over a number of years made decisions based on the logical extension of rights to this new technology. State legislatures in some cases provided specific protection, and eventually the federal copyright law did recognize the right to collect revenue from the recording rights (as was previously done for the author rights) in a recording. This was included in the Copyright Act of 1976, but it provided protection only to recordings created after 1972. By that time there was a large amount of recorded music out there, some still very popular, but since the law did not include them, they could be used in many commercial ways without paying their creators. This new bill would extend federal protections to those older recordings. So if a non-subscription streaming service were to have a catalog of old recordings that it was serving up to users without paying for the recording rights, that would change. As you noted previously, Spotify pays for other audio streaming rights already.
 
A third issue arises from how Spotify and other music services pay for their recording rights. As others have noted it is rarely the performer who is paid, but usually the owner of the recording rights. Spotify has deals with a number of major record companies, and in many such deals there is a metered payment to the record company without any reference to who played the music that was recorded. In many cases contracts between the performer and the record company make it unlikely that performers will ever see much from these deals. Studio musicians, engineers and producers are often doing "work for hire" and have zero rights in the final product. The bill does not give such hired performers any new rights. In a some cases the bill would require payments be distributed to performers where a "statutory license" is used (actually where the work is eligible for such licensing). Currently that would be a non-interactive service like internet radio. How that would actually play out is murky. Assuming that the section applies, it would specify a division of license fees between the recording company and various types of free agent musicians who performed the recording, some of whom are being paid nothing now.
 
the bill:
https://www.congress.gov/bill/114th-congress/house-bill/1733/text
 
Title 17 USC which the bill amends and more:
http://www.copyright.gov/title17/circ92.pdf
 
A pretty understandable summary:
http://www.lexology.com/library/detail.aspx?g=f67da04a-b8df-49c8-8327-7bed8f266e9b
 
A very complete and balanced survey of the issues involved:
http://copyright.gov/docs/musiclicensingstudy/copyright-and-the-music-marketplace.pdf
 
post edited by slartabartfast - 2015/04/18 14:44:18
#46
michaelhanson
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 14:34:29 (permalink)
sharke
I had a friend back in the UK whom I'd known for 20 years and never had a cross word with him, launch into a tirade of rabid abuse and hatred because of some trivial offhand political comment I made on FB that he disagreed with. Told me never to set foot in the UK again, that sort of thing, and unfriended me. LOL! Life's way too short for that kind of nonsense. 




I find that happening a lot these days as well, Sharke.  People can't seem to have a civil debate on any subject without it launching into all out war, for what seems to be minor differences in opinion.  It seems to now be the norm at work as well. 
 
As for forums, Facebook, social media....people seem to jump to conclusions that they are being attacked on something when all you are doing is seeing something from another angle, or suggesting that there may be another angle.  I find it amusing that people actually take forums and social media that seriously. 
 
I mean.....this is the Coffee House after all. 

Mike

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#47
gcolbert
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 14:58:04 (permalink)
People were more civil when disputes like this were settled with pistols at ten paces.
 
I'm not an artist, but I have friends who are.  I don't discount that there needs to be some equitable way to compensate the wonderful and talented people who create the music I love, but the majority of what I listen to comes from independents who would probably not benefit one way or the other from anything discussed on this thread. 
 
Probably not worth the shot and gun powder.

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#48
SteveStrummerUK
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 15:11:42 (permalink) ☄ Helpfulby SongCraft 2015/04/21 03:25:25
 
I once had a difference of opinion with a forum host...
 
I went to a lot of trouble to lay out a polite, rational and fact-enhanced argument to support my particular point of view.
 
Instead of offering up a similarly researched and logically presented counter-argument, the host in question told me that "This is the second time you have taken issue with a post of mine. Keep it up and it will be seen as harassment".
 
This is the very same host that recently stated:
 
"I like freedom. I want everyone to have as much as I have. I do not subscribe to censorship. I think in the mall of ideas if everyone can voice their own view the truth will in the end win. It can be difficult to separate the good from the bad but I rather we have the right to make up our own minds rather then someone else making it up for us.
 
Maybe this is not a view a host should have but its how I look at things. I trust people to behave well and not post attacks on another. However when an attack does occur hosts will respond. Outside of that an idea never hurt anyone. Just the adaption of bad ideas have caused trouble.
 
If an idea is good it will endure and grow."
 
By my reckoning, there seems to be quite a discrepancy here.
 
Or in other words, we appear to be being told that "You have the freedom to express any opinion you like, as long as it's something this particular host doesn't disagree with it".
 
Such blatant hypocrisy, you just couldn't make it up.
 
 
 
 

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#49
michaelhanson
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 15:31:09 (permalink) ☄ Helpfulby dubdisciple 2015/04/18 15:40:45
Just last week a VP at our company pooled together a group of us managers to give him feedback on a new product that he was in the middle of designing.  The small group of managers quickly noticed many design flaws in what was being worked on in this design.  As we suggested some of the issues the design caused....he got more and more upset.  As suggestions and better ideas were presented...he looked on the verge of exploding. 
 
Years ago I would have kept egging that situation on and probably would have alienated myself or gotten myself fired.  In fact, I did get canned once over not backing down over being right about an issue.  I stood my ground and I was proud of it.  I found myself looking for another job, however.  These days, at 53 years old...it just aint worth it.  I spoke my piece in the meeting.  This VP said that the product was to far along to make these types of changes.  He was warned.  It will be his butt on the line if it doesn't work.  He went against the grain of years worth of experience, with the combined front line managers that were in this meeting. 
 
I guess I've learned that life is not fare and to choose my battles wisely.

Mike

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#50
dubdisciple
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 15:39:53 (permalink)
Steve, are you seriously going to turn this completely unrelated topic into yet another platform for  your personal crusade against forum hosts?  Just giving you a hard time :)
#51
SteveStrummerUK
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 16:05:44 (permalink) ☄ Helpfulby dubdisciple 2015/04/18 17:52:20
dubdisciple
Steve, are you seriously going to turn this completely unrelated topic into yet another platform for  your personal crusade against forum hosts? 


 
An older boy made me do it sir.
 
 

 
Just giving you a hard time :)

 
I can take it.
 
Unlike a certain forum host.
 
 
 
 
 
 
 
 
 
Oops..... I did it again

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#52
sharke
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 17:32:53 (permalink)
I'm done with SongCraft. He just sent me a demented message basically calling me a hypocritical a-hole for having the audacity to disagree with him, ordering me to never interact with him in a post again otherwise it would be construed as "harassment" and threatening me with "prosecution" if I discussed the contents of the message on the forum. Well I guess I'm doing that now, lol. I should have the police pounding on my door pretty soon...

I honestly make no apologies for anything I've said to him and for anything I'm saying now. I'm not the type to start "reporting" people or demanding apologies or asking Cakewalk to ban him or anything like that - I just thought other forum users should know what they're potentially dealing with. It's not the first time he's gone over the line in attacking me in a completely over the top manner, he actually messaged me to apologize for that one saying that he sometimes gets over emotional. Well, I guess this is a regular thing with him. Lol!

James
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#53
dubdisciple
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 17:48:43 (permalink)
sharke
I'm done with SongCraft. He just sent me a demented message basically calling me a hypocritical a-hole for having the audacity to disagree with him, ordering me to never interact with him in a post again otherwise it would be construed as "harassment" and threatening me with "prosecution" if I discussed the contents of the message on the forum. Well I guess I'm doing that now, lol. I should have the police pounding on my door pretty soon...

I honestly make no apologies for anything I've said to him and for anything I'm saying now. I'm not the type to start "reporting" people or demanding apologies or asking Cakewalk to ban him or anything like that - I just thought other forum users should know what they're potentially dealing with. It's not the first time he's gone over the line in attacking me in a completely over the top manner, he actually messaged me to apologize for that one saying that he sometimes gets over emotional. Well, I guess this is a regular thing with him. Lol!



He did something similar to me Before. Kind of reminded me of how an ex i ended up getting a restraining order on sounded.  It was too funny to actually upset me. I still wish him well. Emotions are a funny thing. Ironically, I admire that he feels so strongly in what he is supporting, even if i do think it clouds judgement. I really wish this topic could be discussed rationally. I think I will add this to abortion, religion, gun control, politics and racism as things that are next to impossible to discuss unless you are among people who already agree with you.
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sharke
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 18:15:32 (permalink)
Ha I had a similar thing recently with an drunken client who decided to text me a torrent of abuse one evening. When I replied back to say "please stop texting me," she replied back "stop harassing me or I will call the police." About 50 abusive and threatening texts later, at 2am in the morning, I ended up calling the police myself. At one point she texted me "And another thing. Just because I have a few wine bottles lying about doesn't mean I'm an alcoholic." I got the feeling she was texting more than one person and got mixed up. LOL!

James
Windows 10, Sonar SPlat (64-bit), Intel i7-4930K, 32GB RAM, RME Babyface, AKAI MPK Mini, Roland A-800 Pro, Focusrite VRM Box, Komplete 10 Ultimate, 2012 American Telecaster!
#55
sharke
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 18:21:59 (permalink)
slartabartfast
I can not speak to Spotify specifically, but if you and the newly departed SongCraft were to have a serious discussion, you would both need to do a great deal more homework to understand the issue. I recognize that a pseudo-religious animosity to any government intervention in the market may make understanding the issues moot, but I take your question in good faith.
 
The main thrust of the bill is to return copyright protection to recordings when they are played on broadcast radio. There is some overlap in what is considered broadcasting, the law treats a service like internet radio differently than it does on demand streaming or downloads. The distinction being that if the broadcaster chooses the playlist, and everyone receives the same song at the same time, that is broadcasting ("nonsubscription broadcast transmission"), even if the medium is the internet rather than radio waves. If the user chooses the song to download that is online streaming (single play) "subscription" distribution. So to the extent that online services have successfully been claiming to be broadcasting (operating an internet "radio station") and thus not paying recording owners anything for playing recordings, they would have to do so. 
 
Another issue arises from the history of recording rights in copyright.Before there was technology to record sound, the copyright statutes did not envision that it would arrive, so when it became possible to record music, the copyright law protected the songwriters and the publishers of paper music, but was mute on the rights of the creators of recordings. Early cases involved protection for the punched paper used in player pianos, and the courts over a number of years made decisions based on the logical extension of rights to this new technology. State legislatures in some cases provided specific protection, and eventually the federal copyright law did recognize the right to collect revenue from the recording rights (as was previously done for the author rights) in a recording. This was included in the Copyright Act of 1976, but it provided protection only to recordings created after 1972. By that time there was a large amount of recorded music out there, some still very popular, but since the law did not include them, they could be used in many commercial ways without paying their creators. This new bill would extend federal protections to those older recordings. So if a non-subscription streaming service were to have a catalog of old recordings that it was serving up to users without paying for the recording rights, that would change. As you noted previously, Spotify pays for other audio streaming rights already.
 
A third issue arises from how Spotify and other music services pay for their recording rights. As others have noted it is rarely the performer who is paid, but usually the owner of the recording rights. Spotify has deals with a number of major record companies, and in many such deals there is a metered payment to the record company without any reference to who played the music that was recorded. In many cases contracts between the performer and the record company make it unlikely that performers will ever see much from these deals. Studio musicians, engineers and producers are often doing "work for hire" and have zero rights in the final product. The bill does not give such hired performers any new rights. In a some cases the bill would require payments be distributed to performers where a "statutory license" is used (actually where the work is eligible for such licensing). Currently that would be a non-interactive service like internet radio. How that would actually play out is murky. Assuming that the section applies, it would specify a division of license fees between the recording company and various types of free agent musicians who performed the recording, some of whom are being paid nothing now.
 
the bill:
https://www.congress.gov/bill/114th-congress/house-bill/1733/text
 
Title 17 USC which the bill amends and more:
http://www.copyright.gov/title17/circ92.pdf
 
A pretty understandable summary:
http://www.lexology.com/library/detail.aspx?g=f67da04a-b8df-49c8-8327-7bed8f266e9b
 
A very complete and balanced survey of the issues involved:
http://copyright.gov/docs/musiclicensingstudy/copyright-and-the-music-marketplace.pdf
 




 
Thanks for taking the time to clear that up. I'm still not 100% sure what it will mean for Spotify, but I guess we'll see. Of course SongCraft could have explained those things in answer to my questions, in fact I was kind of expecting him to given his personal interest in the bill and the work he says he did in campaigning for it, but I guess he didn't know either. I do take issue with your description of my objection to government interference in pricing "pseudo-religious." That would suggest some kind of blind faith - in actual fact I'm just sticking to a principle that I can defend with reason and logic. 

James
Windows 10, Sonar SPlat (64-bit), Intel i7-4930K, 32GB RAM, RME Babyface, AKAI MPK Mini, Roland A-800 Pro, Focusrite VRM Box, Komplete 10 Ultimate, 2012 American Telecaster!
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slartabartfast
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 18:45:28 (permalink)
dubdisciple
I really wish this topic could be discussed rationally. I think I will add this to abortion, religion, gun control, politics and racism as things that are next to impossible to discuss unless you are among people who already agree with you.



There is no reason this topic could not be discussed rationally if rational individuals were to engage with each other and refrain from taking a discussion of ideas as a personal attack to be defended like the honor of a maligned wife, and I am not referring here just to SongCraft. I happen to agree that this bill remedies an unfairness, and that it may have some benefit to the small middle class of recording musicians. Part of the problem seems to be that what you see depends on where you stand, and that most of us have more than one role in the event.
 
As an amateur musician (and pretty unsuccessful even at that), I do not have a dog in this hunt, but some readers of this forum can claim to be directly affected by the issue as professional musicians. As a music listener, I am tempted by the possibility of getting all my music free. Just do away with copyrights and patents and let anyone who can, use whatever they want. On the other hand, like the left wing socialists who wrote the US constitution (Article I, Section 8, Clause 8), I can see a public good in offering an incentive to a songwriter or performer or recording company in the form of a time limited government enforced monopoly. Most of us would never have heard our favorite songs if there were not a way to pay the people who wrote, performed and recorded the works, and none of us seriously expect a business to pay for anything it can get for free. However, as a person who values fairness above profit, I find the elaborate system that has arisen to swindle artists by the powerful entities who value profit above fairness to be unconscionable, and I would like to be relieved of some of my responsibility in the care and feeding of this system. Most of us are similarly on several sides of this same issue at once. Therein lies the potential to examine our own positions from a broader viewpoint, and to have a little more tolerance for the positions of others.
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dubdisciple
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 22:24:38 (permalink)
Wow.. he sent me another ridiculous claim that I somehow violated the law by merely mentioning he sent me an insane message.  I guess I am headed to jail now. 
 
As far as the topic,  as someone has already mentioned, I doubt this increases the bottomline for individual artists anyway.  I have watched too many similar attempts at one side's definition of fairness end up having the opposite affect. The people most likely to reap benefits would be the already extremely wealthy types with extreme airplay due to the monopoly like state of radio. Rihanna, maroon 5, etc could easily get even more radio play as clear channel takes the less risky path of creating a smaller pool of"stars"to cram down our throats. Not saying that is guaranteed, but I doubt the industry declares "fairness has won" and simply cheerfully comply. They will, like all businesses react in the way that recoups potential loss. I think the conversation should always be open but that works both ways.
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sharke
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/18 23:25:53 (permalink)
Another point is that if radio stations are forced to pay out more money, they'll get that money back somehow. Probably by cramming another ad into each commercial break 
 
I'm always surprised that people still listen to the radio. It just annoys the crap out of me. The DJ's are usually irritating in some way and I hate the silly voices they use for ads. 

James
Windows 10, Sonar SPlat (64-bit), Intel i7-4930K, 32GB RAM, RME Babyface, AKAI MPK Mini, Roland A-800 Pro, Focusrite VRM Box, Komplete 10 Ultimate, 2012 American Telecaster!
#59
dubdisciple
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Re: Fair-Pay For Musicians - Historic Victory :-) 2015/04/19 00:44:36 (permalink)
I have noticed that they are editing songs to be even shorter on some songs by doing things like cutting out verses and solos.
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