JPF Home Page Forums General Messages Industry Message Forum Music Moderrnization Act - hard act to follow...

"The digital music providers can accrue and hold royalties they owe to unidentified copyright owners provided they made a good faith, commercially reasonable effort to identify all the copyright owners for a song.

Which means to me, the MLC (Mechanical Licensing Collective) can keep any monies they can't find a copyright holder for. Reasonable effort may have a different meaning for the MLC. Maybe I’ve grown a bit mistrusting through the years. I'm sure since this is a Government entity they can be trusted beyond the shadow of doubt.

John

Is there a provision in the law for "unidentified copyright owners" to become identified to these pirates? Is ASCAP any help on this?

If it looks too good to be true... it's probably the Music Modernization Act! A license to steal if I ever saw one. No, Perry... ASCAP rolled over and played dead on this one after initially taking a stand. Cowards! There are so many songs and compositions that would have fallen into "the public domain" this year... these selfish plunderers could not stand the possibility that the average Jane or Joe could have recorded them or performed them in their own style. Now we will be forced to wait another century... and they will change the "law" again.

The management of music has become a crime, now legitimized by Congress.

And ASCAP's still bragging about acquiring this. Maybe I'm missing an understanding of this.I reckon I'm always thinking someone's out to get me.

John

Shouldn't affect you John right? You're around to claim your rights....

Truth be known, John...

They are out to get you... LOL! Streaming robs you and nobody seems to be "in-charge" of sending the money where it should go... except to the big players.

Just bumping this up. Tired of only seeing the med ads in the General Forum.

John

There really is an issue some times in finding copyright owners. I had several songs that I dug out of the dungeon and now perform. I have found most of my co-writers - as they are still involved in making music. However, I still have a co-writer for one of my songs who I can't find - female - so it's more difficult due to name change(s) because of marriage(s).
I like the Music Modernization Act because my royalties have never been higher than they are now.

Summeoyo

Sorry I'm late responding:

Thanks for that good news. Glad it is working for you. Tracking down co-writers can be a real struggle. As always, I'm wishing you tons of success... but it still isn't working for me (the MMA)... then it could be the problem of severe lack of talent on my part. LOL!

Later, ----Dave

Are there any updates regarding this newly passed law to speak of? Anyone know how far along they are, implementation wise? Thanks!-Dana

Yes. People still mostly refuse to pay for music but if you put one of your own songs or videos online, expect to have to jump through hoops about your own rights. It's as much fun as anything regarding music is these days.

MAB

Dana,

The reality is that while some generally good ideas are in the bill, the main problem is that the VAST VAST VAST majority of songwriters will be totally unnaffected, because they simply don't generate enough INTEREST (paid downloads or streams) in their songs. There are hundreds of thousands of songs, videos, etc. an HOUR that are uploaded to the Internet, put on pod casts, web casts, internet radio, streaming services like SPOTIFY, PANDORA, YOU TUBE, FACEBOOK, TWITTER and whatever is the flavor of the moment, etc. and are basically a blip on the radar, getting a few "views" or "likes" and then past on and ignored. Go go any web site that features songs and songwriters and you will see an endless supply of these every minute of every day. And this is worldwide. It's how ASCAP, BMI and others have exstimated that there are a BILLION songs a month uploaded.

The truth is that if some artists have a substantial following, 50-100,000 followers who actually PURCHASE their product, they will be in the ballgame. If they don't, they want. Almost all avenues pay less money and are spread out among many things. So that is the basic flaw in all the thinking. Most songs generate NO MONEY. So there is nothing to collect and nothing to pay out. The vast majority of people get music for free or greatly reduced fees (streaming services are fighting all over themselves to give out more and more downloading and less and less money to be paid out. How many songs does "4.99 and UNLIMITED DOWNLOADING" pay for?

And with the advent of "Alexia" and other "on demand" services in more and more homes and soon, cars, people have changed their listening and viewing habits. For the most part, they don't even listen to FULL SONGS" any more. They listen to parts of them, usually a verse and chorus, and then go to another song, just like changing the stations on a radio dial. And with sattalite radio, "I Heart" radio, there is unlimited choices for that too.

I'll give you a personal example. This past Friday night I played a show at the world famous BLUEBIRD cafe. In the round was Aaron Barker, writer of several number one hits for George Strait and others, Randy Brooks, writer of "GRANDMA GOT RUN OVER BY A REINDEER" myself. Scott Southworth An upcoming star in Europe and other countries, and JEffery Hudson, a local in demand personality. The show was very good, up tempo, funny, Christmasy, and an overall really great songwriter showcase. The crowd was packed, with people from all over the world, many who had been planning a Bluebird trip for years, and on many people's bucket list. There was an additional line outside for hours, with some waiting since 12 that afternoon to get in. And to top it all, one of the crowd members was former vice president Al Gore, who was very polite and very attentive to everything. It was frankly the PERFECT show.
As soon as it was over, people clamored to take pictures with all of us, to put on their facebook pages, exclaimed it was the "best show they had ever seen" and on and on.
But not ONE OF THEM EVEN TRIED TO PURCHASE A CD, WHICH ALL OF US HAD.

This is just one night but it's pretty much indicative of most writers and artists these days. They just don't sell much product or merchandise. There are some that do, of course, some that ride the wave of internet marketing, and none of us are the best salesmen on earth. But it is more of a mindset. And I've overheard people before say "I'll download it from Spotify..."

So that's basically where we are. There was recently even a car commercial for Volvo, that started out with " We USED to PAY for music too..."

It's just a mindset and we all have to learn to deal with it. Will the Music Modernization act help? Probably to some. But to most, they SIMPLY don't earn enough to register. Sad, but true. You can't legislate behavior when the laws of supply and demand intercedes.

MAB

Hi Mab!

Thank you for taking the time to respond. As always your posts are insightful and put things into perspective. You make such ,a good point about the mindset that has engulfed us as a whole. The supply and demand factor is very telling. Very sad that this is the state of music, but Like I've read in some of your other posts, we have to adapt or not. Very challenging set of circumstances for all music creators. I was hoping for a shred of hope that the laws would be catching up to advance all the interests of music creators. I always look forward to reading your posts, much needed reality check, Thanks!-Dana

Dayson,

Thanks for reading, I do hope it helps. I've seen this business from both inside and out, have many people that I've known over the years who are in some pretty high places, writers, artists, producers, label heads, publishers, song pluggers, etc. you name it, and I've pretty much had a lot of perspective on it. So what I bring to you is the truth as best I can, and from personal experience.

On the subject of "having hope" that is a very subjective thing. The best analogy I have ever heard and the one I use most is the GAME OF GOLF. It fits amazingly well.

GOLF:
A sport participated in by millions upon millions upon millions, spending billions upon billions on the game, clothes, equipment, rental fees,lessons, viral web sites, magazines, news articles, television shows, tournaments, vacations, the entire golf culture. Yet, less than a percent of a percent of a percent, are ever even in a local 'best ball" tournament, much less get a PGA card.

MUSIC:
A hobby or skill that millions upon millions upon millions, spend billions upon billions upon billions on the hobby or skill in equipment, lessons, trips, viral web sites, magazines, college course, television shows, contests, vacations, the entire music culture. Yet less than a per cent of a per cent of a percent ever will make one dime in the pursuit of it, in a local song contest, talent show, open mic, or karaoke night.

SO WHAT?

Does that mean those millions of people on those driving ranges, braving all kinds of weather, or find their own community of friends, golf partners, business clubs get nothing out of their relentless pursuits?
NOPE. They can all participate, all do what they feel driven today and find the enjoyment of their passions.

Does that mean that people who pick up instruments, learn computer programs, perform, record, network, etc. are wasting their time>

Of course not. You are here because of a group of like minded individuals who share a passion with varying degrees of profficiency. You have friends of that. You are able to present your idea of music, your way, and share it with as many people or no people as you are driven in your hobby. Is that a waste of time?

In my opinion, no. If it feeds your creative soul, and you are doing it, I think you are benefitting. Hope? You have the hope every day of creating something, sharing something, being part of something, that means something to you and others.

I'd say that's a pretty good expense of time.
MAB

Hi Mab,

Masterfully said! I think of music now in this same way. To have the gift of creating something that can be a shared benefit
for others as well as yourself is truly a blessing. Bringing something into the world that did not exist before you and having others
share and appreciate it, is it's own reward, everything else on top is icing! Looking forward to hearing more of your expertise in the field.
Hope this new year is bringing great rewards for you and all of us here.-Thanks-Dana