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Warner Bros. Sues New York Bar For Playing 80-Year Old Song
TF ^ | 8/29/2014 | TF

Posted on 09/15/2014 9:32:57 AM PDT by Dallas59

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To: Cletus.D.Yokel

There ya go!

The whole arrangement (not Thoroughgood’s tune, but that of fairly collecting and distributing royalties) is a mess. As others have noted, the means to document what is performed, how often, and under what circumstances is enough to make the process wholly unfeasible. I suspect the bigger royalty administrators have a formula of some kind, but it should not be above questioning or appeal, IMO. The key is to objectively measure the amount of revenue received due to cover tunes played, and from there determine how much should go to 1.) the proprietor for his efforts in advertising and promoting the song, 2.) the songwriter for creating the song, and 3.) the agent for collecting and administering royalties. Doubtless there are other fingers that want a piece of the pie.

I don’t know how that would be possible, since we have difficulty understanding what causes us to spend on so much junk in the first place. Did I buy that beer because Thoroughgood’s tune was playing, or because I was thirsty?


61 posted on 09/15/2014 10:44:23 AM PDT by Fester Chugabrew (Even the compassion of the wicked is cruel.)
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To: Dallas59
Copyright/patent trolls abound. You know when a company is on the decline when the bean counters and lawyers take over, and resort to shaking down people over ancient and often forgotten copyrights. Patents and copyrights weren't meant to go on in perpetuity.
62 posted on 09/15/2014 10:46:24 AM PDT by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: Sherman Logan

Well, they probably believed they were living in a finite universe, and a “limited time” could thus easily be construed to mean, “until time stops.”


63 posted on 09/15/2014 10:50:23 AM PDT by Fester Chugabrew (Even the compassion of the wicked is cruel.)
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To: Dallas59

I don’t have a link...just my own memory of the incident, but I believe at one time ASCAP sued the Girl Scouts for singing “God Bless America”.

That is so ironic, because the Scouts were a favorite charity of Irving Berlin, and he even appeared with them singing that very song in the movie starring Ronald Reagan called “This Is the Army”.

I am a songwriter myself, and belong to BMI, and although I have received airplay and Internet downloads of a number of my songs, BMI has never contacted me in the thirty years of my association with them! Go figure.


64 posted on 09/15/2014 10:52:36 AM PDT by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
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To: left that other site

it was to the boy scouts.

but given the hollyweird demographic it would explain their ongoing hatred of the boy scouts.


65 posted on 09/15/2014 10:54:02 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

Indeed.


66 posted on 09/15/2014 10:58:00 AM PDT by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
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To: Vermont Lt

Disney really seemed to ratchet-up their enforcement efforts after that bumper sticker that said “Hey, Iran...” with Mickey flipping them the bird took the country by storm in the late 70’s.


67 posted on 09/15/2014 10:59:23 AM PDT by Buckeye McFrog
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To: factoryrat

yep... I’m an ASCAP member... this is ridiculous. I made some good money in the 1980s for airplay.. on FM radio and television.. but having a bar pay royalties? don’t agree with that. I don’t condone it... and I plan on sending off an email to ASCAP, and Warners. bars will just stop playing music... and we’ll have all sports all the time... which we basically already have , in bars.

with streaming... I get pennies for streaming royalities.. last check I received was 5 cents... cost more to print the check.

only people making money on streaming are those that have millions upon millions of streams... Adelle comes to mind.


68 posted on 09/15/2014 11:02:06 AM PDT by Chuzzlewit
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To: minnesota_bound

Google actually pays royalties for most of the songs people post on youtube. There is software that recognizes the tunes automatically, as you can notice even songs posted “illegally” will have the name of the songs and the link to buy it on Amazon below the video.

They just don’t charge the royalties back to the users, instead they make up for it with ad revenue.


69 posted on 09/15/2014 11:04:04 AM PDT by Boogieman
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To: Vigilanteman

Post 23 was quite interesting.

Hopefully you sent some derisive mocking letters to this company’s brass insulting them and their genius rep.


70 posted on 09/15/2014 11:16:30 AM PDT by Rockpile
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To: Dallas59

I’d say that the actual damage to Warner Brothers is about 30 cents in Canadian money.

Pretty bad PR for Warner!


71 posted on 09/15/2014 11:23:23 AM PDT by PATRIOT1876
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To: xjcsa
"Purchasing a song on iTunes does not grant you public performance rights."

Yes it does.

But you must pay IF you do. An Artist cannot stop you from playing the recorded music in a performance, it's part of the deal. Just like Chrissie Hynde cannot stop Rush Limbaugh from using Ohio as his show theme music BUT he must pay the royalty fees to do so. She can complain about it, she doesn't have to accept the royalty check from it BUT she can't stop him from playing it in a performance nor can the publisher etc.

72 posted on 09/15/2014 11:26:43 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: Sherman Logan

If I had the power to change the law it would be a 21 year patent for an original invention, 14 years for an original work of art or literature and 7 years for a song recording or film/TV show.

AND NO SOFTWARE PATENTS!


73 posted on 09/15/2014 11:30:48 AM PDT by Bobalu (Hashem Yerachem (May God Have Mercy)
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To: Dallas59
I have a friend who lives in the Boston area,an area in which many of the suburban towns have basically merged their individual library systems into one huge one.As a result,any resident of any of these towns has borrowing access to every item in the entire system.Over times he made exact copies,as one can easily do with Windows and a CD burner) of about 5,000 songs found on various CDs he borrowed.Didn't pay a cent in royalties.Just the cost of the blank CDs,which hold about 20-25 songs each.A huge music collection containing *only* songs he likes and “Hollywood” didn't get a nickel from him.
74 posted on 09/15/2014 11:43:08 AM PDT by Gay State Conservative (Islamopobia:The Irrational Fear Of Being Beheaded)
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To: Gay State Conservative

I have 3 library cards,covering Boston and the Minuteman and Old Colony library networks. This covers a fairly sizeable portion of Eastern MA.

.


75 posted on 09/15/2014 11:47:47 AM PDT by Mears
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To: Mears
I have 3 library cards,covering Boston and the Minuteman and Old Colony library networks.

Yup,Minuteman is what he has.He said it covers just about every library,except Boston's,within Route 128.He said the selection of CDs is absolutely amazing.

76 posted on 09/15/2014 11:52:47 AM PDT by Gay State Conservative (Islamopobia:The Irrational Fear Of Being Beheaded)
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To: a fool in paradise
It is a shakedown racket.

Not quite as good as Carbon Credits but still a nice little income generator.

Idiots in Congress perpetuate this robbery. I think this was adjudicated at the Supreme Court because if Congress had the power to extend the copyright into perpetuity it would be a violation of the Constitution which clearly says copyright and pattens would be for a limited times. Court punted.

77 posted on 09/15/2014 11:56:05 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: Brother Cracker

Dang, your post was one after I made a h@lf@$$ attempt to say what you said so eloquently.


78 posted on 09/15/2014 11:57:51 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: Dallas59

I would think it’s in the public domain


79 posted on 09/15/2014 12:12:20 PM PDT by nikos1121
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To: Gay State Conservative

Minuteman goes almost to 495-——Acton and Maynard.

.


80 posted on 09/15/2014 12:28:24 PM PDT by Mears
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