RE: CARP Passed - This sucks!

["Paul Weissman" <paul@nioterra.com>]

> -----Original Message-----
> From: mark_hamburg@baymoon.com [mailto:mark_hamburg@baymoon.com]
> Sent: Saturday, June 22, 2002 6:09 PM
> To: Loopers-Delight@loopers-delight.com
> Subject: Re: CARP Passed - This sucks!
>
> So, assuming this passed muster with an entertainment lawyer, then I

boy i wish i had one of those around sometimes... it would be great to
bounce our questions off someone who actually knew the legal implications 
of
all this stuff...

> could envisage a system whereby stations register themselves as being
> interested only in broadcast-royalty free music and thereby gain
> access to
> a library of musician/small-label submitted material. I could even
> envisage terms whereby the stations need to provide playlists such that
> listeners can link back to where they could purchase the music.

ok, first off... this means that EVERYTHING that has already been 
registered
with ASCAP/BMI is unplayable.

second, this creates a major catch-22 for playing music on internet radio.
if you submit your song to any internet radio station for play you cannot
register it with ASCAP/BMI, which means you lose out on what is currently a
staple of income for most authors.  in addition, if you decide some time
after submitting your work to register with ASCAP/BMI and forget to tell 
the
radio station, you put that radio station in jeopardy of a law suit.  which
would mean the artist would have to sign a legal agreement with the station
to not license your music without notifying them... blah blah.

of course someone could start a new licensing company that would make these
things happen...

ever get the feeling that the record industry needs a complete makeover?
and wouldn't it be cool if it was led by artists?  hahaha...

getting a bit silly there, better calm down.  ;)

but maybe you're right, if you could set up a station to play only indie
music, it would be really cool.  of course, someone would have to sort
through all the crap to find the good stuff.  hmmm... interesting things to
think about.


paul





>
> What the webcasting royalties shut down then would be the all Britney
> Spears, all the time station. Or that station needs to make enough in
> advertising revenue to cover it's royalty costs. True, this means
> that I'll
> probably never get to hear a radio station segue from Britney Spears into
> Ted Killian's "Leaving Medford" but that's a loss I think I can live 
>with.
>
> Mark
>
> on 6/22/02 3:44 PM, Paul Weissman at paul@nioterra.com wrote:
>
> > but how can you guarantee that music being played on your internet
> radio
> > station ISN'T affiliated with BMI/ASCAP?
> >
> > in order to to run a station like this you'd have to accept
> mp3s/cds from
> > artists who want you to play their music.  what if some people (maybe
> even
> > the record companies themselves) decide to pass you material that is
> > actually covered by BMI/ASCAP?  all they have to do is monitor your
> station,
> > wait for a song of theirs to come up and all of a sudden you're in
> > litigation.
> >
> > i have no idea if this is actually how the law works, but it's
> a thought.
>
>
>