Respond to This

Royalty Rates

Here's an interesting story you might enjoy:

Dear NMPA Member and prospective member:
On Monday, January 28, the Copyright Royalty Board (CRB)
begins the hearing that will determine mechanical rates for
every songwriter and music publisher in America. It will be the
most important rate hearing in the history of the music industry
because in addition to setting rates for physical products, rates
will be set for the first time ever for digital products such as
digital downloads, subscription services and ringtones.

The National Music Publishers' Association (NMPA) will be
representing the interests of songwriters and music publishers
and will be fighting vigorously to protect those interests to
ensure that musical compositions are compensated fairly.

On the other side of this fight stands the Recording Industry
Association of America (RIAA) and the Digital Media Association
(DiMA). Both the RIAA and DiMA have proposed significant
reductions in mechanical royalty rates that would be disastrous
for songwriters and music publishers. This is literally a fight for
the survival of our industry.

To give you an example of what is at stake, the current rate for
physical phonorecords is 9.1 cents. The NMPA is proposing an
increase to 12.5 cents per song. The RIAA, however, has
proposed slashing the rate to approximately 6 cents a song - a
cut of more than one-third the current rate!

For permanent digital downloads, NMPA is proposing a rate of
15 cents per track because the costs involved are much less than
for physical products. The RIAA has proposed the outrageous
rate of approximately 5 - 5.5 cents per track, and DiMA is
proposing even less.

If you find that troubling, it gets worse. For interactive
streaming services, which some analysts believe will be the
future of the music industry, NMPA is proposing a rate of the
greater of 12.5% of revenue, 27.5% of content costs, or a micro-
penny calculation based on usage. The RIAA actually proposed
that songwriters and music publishers should get the equivalent
of .58% of revenue. This isn't a typo - less than 1%. And DiMA is
taking the shocking and offensive position that songwriters' and
music publishers' mechanical rights should be zero, because
DiMA does not believe we have any such rights!

The initial hearing will last four weeks, with the three permanent
Copyright Royalty Judges hearing arguments Mondays through
Thursdays from 9:30 am - 4:30 pm each day. At the conclusion
of the initial hearing, there will be more discovery, followed by a
rebuttal hearing in May, and a final decision expected on
October 2.

The NMPA will be spending millions of dollars in this proceeding
to protect the interests of songwriters and music publishers
against the much larger record labels and digital media
companies. And although we face such an enormous fight, we
have an incredible advantage - we represent songwriters,
without whom the record labels and digital music services could
not exist.

As always, we appreciate your support of the NMPA which allows
us to wage this fight on your behalf.


David Israelite
President & CEO


You can see it at the NMPA website:
http://www.nmpa.org/aboutnmpa/presidentscorner.asp

Peace,
Alan
Responses
Respond to this

Re: Royalty Rates

1/29/2008 8:11 AM

Adriano Parmiggianno (6828) wrote:

Why don't songwriters simply cut out the middleman and keep all the money for themselves? The internet and todays technology makes it possible.

Respond to this

Re: Royalty Rates

1/29/2008 9:01 AM

Warren Hunt (5715) wrote:

Adriano,

A song writer generally writes a song and then sells the song to a publisher, record label or artist. This is done mostly due to the fact they want to make money from their work and not have the song sitting on a hard drive unused.

Its a very different matter if you are the song writer for your band however. You then generally write for the band and if its in your contract the label as well.

In the end it all about making money. The old saying is "you have to spend money to make money" really does seem to be true in this day and age.

Warren

Respond to this

Re: Royalty Rates

1/29/2008 9:17 AM

Adriano Parmiggianno (6828) wrote:

Can't the writer sell directly to the artist who then sells directly to the public via the internet? Then it becomes a matter of the writer and artist sharing in the proceeds from the song.


Respond to this

Re: Royalty Rates

1/29/2008 9:56 AM

Rob Bee (569) wrote:

Copyright is a complicated subject, and so it's not suprising that
there is so much confusion about it. There are several ways of licensing music for use, some easier to understand than others.

Writers can sell their music directly to a client. If they do that
they lose all control over it's use. It is also possible to sell it on a
limited basis - for example for use on a TV/radio commercial
for a 12 month duration. If that ad is then broadcast after the 12
months or it goes online (or is broadcast on stations other than
the agreed ones) then further payments & permission is
required.
In UK organisations like PRS and MCPS exist to protect the rights
of composers/performers/publishers to make sure their music
isn't abused and collect royalties for when the music has been
used. All TV & radio stations in the UK are meant to declare what
music has been broadcast every month so that the monies due
can be paid to the composer & publisher of the music. Artists
wanting to make money from the music they produce need such
organisations to help ensure their music isn't stolen and their
rights are protected. If you're happy to waive your rights you can
just sell your stuff for a flat fee, but you'll never earn another
penny from it and it may end up being used for something you
find abhorrent.

Respond to this

Re: Royalty Rates

1/29/2008 10:38 AM

Adriano Parmiggianno (6828) wrote:

Things become complicated when we try to squeeze every last drop of juice from the fruit we create.

Respond to this

Re: Royalty Rates

1/31/2008 6:59 AM

Derek Mccaughey (657) wrote:

How easy or difficult is it to sell/ license ones music, i write a lot of music that maybe wouldnt fit my image or desires to actually perform it live for people as part of a band or on my own.

I'd be happy to sell music to anyone for anyone, it wouldnt really matter to me if a deep, meaning lyric or riff I wrote was used by some cheesy manufactured artist, as long as i got my fare share of the monies involved, I'd rather let som4eone else worry about playing live