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At 02:23 PM 6/24/2002, Kevin Goldsmith wrote: > >and I'm still not seeing how this whole CARP thing takes that away. All >the > >possibilities of DIY are still there, and the internet still offers it. >It > >seems to me it is even better now because musicians have another way to >get > >paid for their work. > > >I've been holding my tongue in this debate, but I feel Kim is missing a >pretty important point. with all due respect, I think you are too. You've got a whole bunch of points wrong here: >I'm going to go out on a limb and pull a figure from my butt. It's a >figure based on my own random sampling of internet stations over the last >several years. And that figure is that less than half of the music that >is offered for streaming on the internet is music from RIAA aligned >musicians. I don't think that matters, those musicians are still owed royalties according to the law and all the information I've found indicates they would get paid. But I don't see any reason not to sign up with the royalty collection agency, that would just make it hard for them to pay you. The agency is called SoundExchange, and it is free to join it. They explain how the royalties are paid and how the system works on their website. go there and learn about it: http://www.soundexchange.com >That is the big problem. It's not like these royalties will be >administered by ASCAP and BMI (like on commercial and non-commercial >radio >currently). Actually, it is a lot like that. Probably better, because you don't have to pay a fee to join and the reporting of songs played and royalties owed appears to be much more accurate. >This is cash going straight to the RIAA for ALL music being played on the >internet. No, it is going to a separate organization set up by the RIAA, but ok maybe that is the same for some people. They quite clearly explain how the royalties they are collecting are paid directly to the artists responsible for the recordings, not to Sting or N'Sync. They even have email addresses and a phone number you can call if you have questions. If that is not enough, Aimee Mann and David Sanborn are on the board, call them. >I actually think that "less than half" figure is insanely >conservative. So now you have independant stations supporting the major >labels even if they don't play major label music. There is no way to >call >that fair. the facts of how the system works are not secret, you can go read about it rather than guessing wrong. >I also run a label. I webcast songs from the CDs on my label. Actually, no you don't webcast songs. What you have on your website is "interactive downloading". That is not covered by any of this CARP stuff. It only covers webcast performances, meaning music programmed by somebody else that the listener does not choose, and has streamed at them. Did you get that? DOWNLOADABLE SONG FILES YOU PUT ON YOUR WEBSITE FOR PEOPLE TO LISTEN TO ARE NOT COVERED BY ANY OF THIS! That is a completely different issue, and such royalty agreements are made directly between the copyright holder and whoever has the file on their site. So you can stop panicking. this is also explained on the SoundExchange page under the section about royalties they don't handle. >There is no mechanism in CARP to compensate me as the copyright holder. yes there is, in the case of webcast recordings. It seems very clear that they do compensate you. For example, you have a station on Live365.com, for which you would receive royalty payments. you are right though in the case of your own site, none of which is covered by this because it is all downloadable files that the user selects. > If I paid the fees for webcasting, I would not see one cent of them in > return. Beyond the idiocy of making me pay to broadcast music I own, >the > problem is that I wouldn't even get any of that money back. That is >theft. I think all of those statements are wrong or inaccurate. The Q&A page on the SoundExchange site explains a lot of this: http://www.soundexchange.com/qanda.cfm kim ______________________________________________________________________ Kim Flint | Looper's Delight kflint@loopers-delight.com | http://www.loopers-delight.com