Market instability, oil price lunacy, hearing 30 seconds of 30 Seconds to Mars... it doesn't take much to get some organizations in a huff over what they believe to be their bucks. Music's publishing bodyrollaz like ASCAP and BMI are always trying to get paid in the name of protecting their musical charges, but it looks like they may be in for a fight when it comes to screwing royalties from those intent on using 30-second music clips. In an amicus brief filed jointly by DiMA (Digital Media Association) and NARM (National Association of Recording Merchandisers) last month, the two groups asked a federal court to apply "fair use" with regard to the use of 30-second song samples on the internet.
"DiMA supports fair compensation for copyright owners," states DiMA Executive Director of Jonathan Potter. "DiMA members pay tens of millions of dollars in royalties to songwriters and publishers for online music sales. But the performing rights organizations (ASCAP, BMI and SESAC) who represent songwriters and publishers demand additional payment for the preview clips that facilitate these online sales."
The legal action stems from an ASCAP vs. AT&T case, which has the telephone/DSL/wireless giant fighting for its right to use 30-second ringtone and ring-back-tone song previews. Amicus briefs contain pertinent but unsolicited information filed by "friends of the court" in order to get judges to consider broader legal implications and third-party ramifications when making their decisions. In this instance, DiMA and NARM would like a federal district court, in deciding the AT&T case, to consider protection and fair use for internet retailers that use 30-second song preview clips. If the courts decide on the side of ASCAP, then it may mean a double payday for publishing houses and songwriters in the future.
Lay back and let Potter further seduce you with his amicus brief impetuses:
Internet retailers sell an extraordinary percentage of all recorded music. The iTunes Store is America’s largest music retailer, and Amazon.com, Best Buy and other DiMA members use 30-second clips to sell both CDs and digital downloads. If ASCAP succeeds in pressing its demand for a new payment for these previews, Internet music retailers would be disadvantaged simply because they are selling online, and songwriters and music publishers would be getting a royalty for the preview on top of the appropriate and well-deserved royalty that is paid when the music itself is sold.
The joint filers hope the federal court will see the possible benefits of protected use of these 30-second clips. Essentially this is free promotion for the artists, songwriters, and publishers themselves and could only help to sell their products in the long run. But the law is an unpredictable, prickly beast. For instance, a court found O.J. Simpson guilty of armed robbery and kidnapping last week. That guy's never done anything wrong!
Be careful the next time you fart... an ASCAP stooge may request royalties on behalf of someone like Daughtry or something.
