问候。之前，我非常感兴趣地观看了上述参考听证会。我是音乐律师，并且是《 音乐行业的未来（Hal Leonard第4版。2015年).
This 文章 focuses on a crucial issue: If the major 发布者s were allowed to enter into licenses directly for the public performance of their songs with digital services, songwriters 可以 be badly hurt.
Here’s why: if large 发布者s could bypass ASCAP 和 BMI 和 negotiate directly with digital services such as Pandora, they 可以 probably secure huge upfront advances in exchange for granting a license to play their songs. However, if this happened most songwriters would never share in this money.
Standard music publishing agreements include a clause that states that the 发布者 does not have to share monies that it receives for “unallocated” advances. This means that if the advance received by a 发布者 was for all songs in their catalogue, i.e., a blanket license, they would not have to share 任何钱 与他们的作家。 但是，如果主要发行商与数字服务达成直接交易，则这些协议很可能适用于其目录中的所有歌曲。因此，预付款将是“未分配的”，即与任何一首或多首特定歌曲无关。而且，大多数歌曲作者都是“无法收回的”，这意味着发行商会向他们提供预付款，然后拿走他们歌曲产生的所有资金，直到预付款得到还清为止。但是，当ASCAP或BMI从音乐用户那里收取钱款时，他们会直接向作家支付50％的费用，并直接向出版商支付50％的费用。如果出版商收到了这笔钱，那么大多数歌曲作者将不会获得报酬，因为大多数作家都无法获得报酬。
我认为这是一个巨大的危险， 必须 be recognized. In her testimony, attorney Ms. Jodie Griffin pointed out that when the major 标签s enter into direct deals with the digital services they also try to receive huge upfront advances (as well as equity) 和 they generally do not share this money with their artists.
If the major 发布者s, which are all affiliated with major 标签s, 可以 do direct deals with the digital services, I think this is likely to occur again, 和 the songwriters would suffer.
I would also like to point out that many of the music organizations that purport to represent songwriters have an inherent conflict of interest. I believe their leaders sincerely would like their songwriters members do better financially. Yet the 发布者s, particularly the majors, have a huge amount of influence on their positions. Moreover, these organizations have a duty to support the interests of their 发布者 members as well as their songwriters members.
In short, while changing the consent decree or allowing the major 发布者s to do direct deals may be very good for the 发布者s, particularly the majors, 对于作曲家来说可能是灾难性的.