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Tuesday, September 20, 2011

Digital And Webcast Monies

Digital Performance, And Webcasting Monies

When making your own music, recording artists are entitled to monies payable under the Audio Home Recording Act of 1992. This is known as DART. Congress added a right to be paid for the digital performance of masters in 1995 and the right to be paid for the digital performance of masters. In 1998, the right to be paid for web casting. As a preview, the important thing to know is that with each of these the artist is paid directly for these rights, meaning monies don't go to the record company's. So they can't recoup anything from this. This is a great way to go for artists due to technology and everything is computer influenced these days. However the record labels are trying to figure out a way to get there greasy little hands on this money earned by artists. If you are paid directly, your record deal will say that you're not entitled to share the company's monies. In other words, if whoever collects web casting monies pays you and the label separately, you won't share in each other's cash. What you want to add is that, if anyone pays all the monies to the record company's, you get %50 of those. And try to say that the label can't use these monies to recoup your deficit.Your argument is that they didn't expect to have them for recoupment in the first place.

Foreign Public Performance of Masters

In many countries, the record label is paid a royalty every time a recording is played on the radio. This is different from public performance royalties that are paid to a songwriter and publisher of the musical composition when recording is played on the radio, and which have always been paid in the U.S. Public performance monies for recordings didn't exist in the U.S. until 1995, and the law enacting them is so narrow that it means very little today. But the money is growing! In foreign territories, these monies are substantial. Record companies don't like to share their foreign public performance royalties, on the theory that the artists can get their share by directly applying to the foreign performing society. The problem is that most U.S. artists aren't allowed to collect foreign performances under the local rules, and while this should move the companies to tears, somehow it doesn't. They simply dig into the position that they don't have to give the artist any part of the record company's share, and this is an extremely difficult point for the artist to win.

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