JPF Home Page Forums General Messages General Message Forum Another ASCAP Controversy

Marty,

I don't disagree that BMI (and, I presume, ASCAP as well) could do a much better job at monitoring/collecting/paying for small venue performances. I was just pointing out that all of their information is indeed available online for review, including "educational" materials for venues about the importance of licensing.

All of this discussion makes me ponder: Back a few years ago, when music file-sharing was rampant, what was the catalyst that really brought it all into the public consciousness? What got even Congress involved, passing new laws? What actually began all of the publicity, PR, lobbying, and (ultimately) high-profile lawsuits?

I believe it was when Metallica got involved. A big-name act, speaking out publicly on an issue, garnering all kinds of public attention to it.

Before Metallica went to Congress, few people paid attention to the record industry "suits" who were bemoaning file-sharing. They were seen simply as the mouthpieces for big, greedy, faceless corporate entities. Nobody cared.

Enter Metallica. Big-name rock stars. Lightning-rods for publicity. Testifying on Capitol Hill, no less, pleading a case for the artists, rather than for the big corporations.

People sat up and listened. Suddenly, the file-sharing crackdown movement gathered momentum. Hell, Congress even passed new laws.

Now, just a few years later, people have become educated. They know it is both unethical and illegal to duplicate copyrighted material without permission and payment. Pay-per-download sites are springing up everywhere, and are doing quite well. Even Wal-Mart is getting into the act.

Perhaps what this issue needs now is big-name involvement to serve as a similar catalyst. Not only to license little clubs in Small Town America, but for a complete revision and updating of the entire PRO structure. More accountability. More use of computers and electronic data gathering to get ACCURATE accountings of music usage, rather than simply using "surveys" and "estimates" and "extrapolations" from top-40 radio airplay. Education of both the public and the songwriters and musicians themselves about their rights and their obligations with respect to performance rights.

Or ... maybe I'm just dreaming....

The issues are extremely similar, of course. File-sharing involves the use of copyrighted sound recordings, performance rights involves the use of copyrighted songs. The first issue has been pretty thoroughly dealt with by now. Maybe now it's time to start working on the second one.

Maybe we need to get some well-known songwriters to begin making some noise about all this, and to get them working in concert with the PROs (since the PROs could only benefit from increased licensing), and to get the PROs working in concert with each other. And maybe the PROs themselves need to take a page from the RIAA's book on effective public education and political lobbying.

--- Ed