[cma-l] [***SPAM***] Re: update

Bob Tyler bobtyler at btinternet.com
Mon Dec 12 14:07:53 GMT 2016 

Alex

 

The Performing Right is protected under The Copyright Designs and Patents Act (CDPA 1988).

 

The Act helps to protect a variety of Intellectual Property (as it is referred too).

 

It protects both the financial (Economic) and the Moral Right and includes written publications, images, works of art, film and music etc.

The Moral Right is to prevent someone claiming they wrote a particular song.

 

Economically  the author or composer can Assign their rights and also License them.

 

If I was a composer of radio jingles I can licence any radio station to use them. If they were so good that 1000 radio stations around the world wanted to use then it would makes sense for me to join the PRS and let them collect a royalty on my behalf.

 

Alternatively, I could assign my work to the Worlds Greatest Jingle Company of Dallas. We could have an agreement involving the marketing and their onward licensing for use by radio stations that wanted to use them.

 

The company could also ensure that my work was not being stolen or miss used. Some unscrupulous person could record them and broadcast them. This would deprive me of my rights and the company’s rights and would amount to stealing my property.

 

If I were to record some of your programs and sell them as a podcast for 79p each, I would have committed a criminal offence (under the Act).  However if we make an agreement that I can sell them. You in effect have granted me a licence. We would agree the terms of course. You get say 30p for each one, as I have marketing and streaming costs. Perhaps if I sell a 1000 downloads the agreement might include the right for you to increase your share as I would be making more money.

 

I am sure we would both be happy. You would have licensed me to exploit your rights and we are both benefitting.

 

A PRS Licence is simply an agreement that allows a radio station to exploit the Rights of its member’s repertoire.

 

BT

 



> On 11 Dec 2016, at 12:28, Alex Gray <tlr at gairloch.co.uk> wrote:
> 
> Can you explain what you mean by mandatory in this context Bob. Mandatory on whom, to do what, under what mandate?
> 
> Just looking for clarification as it's a bit ambiguous otherwise.
> 
> Alex
> 
> On 10 Dec 2016 23:50, Bob Tyler <bobtyler at btinternet.com> wrote:
> 
> Over a period 30 years I have attended four copyright tribunals, one of which I was working for the defendant and another actually being one of the plaintiffs.
> 
>  
> From what I can remember the PRS  is a mandatory collecting society. Its purpose being to protect the exploitation of members Intellectual Property Rights under the Copyright, Design and Patients Act.
> 
> 
> 
> BT
> 
> 
> 
> On 10 Dec 2016, at 11:54, Ian Hickling <transplanfm at hotmail.com <mailto:transplanfm at hotmail.com>> wrote:
> 
> 
> Some good points indeed.
> One thing I'll comment on David - here's a surprise - music royalties - and "the writers, publishers and performers - each of whom want their slice of the copyright pie for the use of their works".
> And the very poignant bit about "needing some suits in your hand of cards if you are playing with PPL/PRS."
> I think we may have that.
> It was pointed out by one of our wiser colleagues this week that neither PRSfm nor PPL  has ever submitted a statutory licensing scheme for approval within the terms of the Copyright Act and they have so far relied on their "rights" gained by exclusive contracts between them and record labels, performers and composers.
> As I've said elsewhere - not good enough I suggest in today's business environment.
> I think we're all aware that the power of social media - used wisely - can cope with this sort of thing.
> We've shown recently that by talking nicely to the right people using sound reasoning - and bringing a few choice pieces of heavy artillery up ready for use - we can get the changes we all know in our hearts are needed.
> 
> Ian Hickling
> Partner
> 
>  <http://www.transplanuk.com/>
> Office: 016 3557 8435  (07h to 22h GTS)
> Car: 075 3098 0115 (only responds when driving)
> 6 Horn Street, Compton, NEWBURY, RG20 6QS
> 
> 
> From: cma-l-bounces at mailman.commedia.org.uk <mailto:cma-l-bounces at mailman.commedia.org.uk> <cma-l-bounces at mailman.commedia.org.uk <mailto:cma-l-bounces at mailman.commedia.org.uk>> on behalf of David (Niocast Digital) <david at niocast.com <mailto:david at niocast.com>>
> Sent: 10 December 2016 02:17
> To: The Community Media Association Discussion List
> Subject: Re: [cma-l] update
>  
> Hi Nick
> 
> My thoughts on your points:
> 
> 1. The Radio Fund was flawed from the outset.  Over time it has cultivated an unhealthy dependency culture in community radio.  The bi-annual ‘lottery’ for a slice of the fund is an undignified ‘gamble’ for the very existence of many services.
> 
> 2. The average (mean) income for a community radio service is £55,000 (Ofcom Communications Market Report 2016); Under the old 50% rule, this would have permitted stations to raise no more than c£27k of that from on-air activities. Today, with the £15k allowance, stations are able to raise £35k from those same on-air activities without recourse to other off-air sources pop income. A 25% increase. This favours the bulk of community radio stations. You only have to look at the median average income for community stations, £32,500, to realise that for most stations the £15,000 represents nearly 50% of their income. So the allowance significantly reduces their dependency on grants and donations, etc. to balance the books.
> 
> 3. One-size never fitted all and is now, thankfully, under reconsideration.
> 
> 4. The new Key Commitments, if carefully crafted, can now be written so vague as to make this a non-issue. 
> 
> 5. Unfortunately ‘all of us are not for profit’ doesn't include the artists at the heart of this - the writers, publishers and performers - each of whom want their slice of the copyright pie for the use of their works. Whether stations make a profit or surplus is neither here nor there for most of them. The ‘answer’ to the copyright issues lies in collective negotiating on behalf of the sector between the representative body (CMA) and PPL/PRS. But you have to know how to negotiate.  And if you are playing with PPL/PRS you better have some suits in you hand of cards.
> 
> 
> David
> The Radio People
>  
> 
> 
> 
> 
> 
> On 9 Dec 2016, at 14:54, Canalside's The Thread <office at thethread.org.uk <mailto:office at thethread.org.uk>> wrote:
> 
> Dear All
>  
> In response if I may please to an e-mail I received from a gentlemen last week I would like to point something out that is very important.
>  
> Regardless how it may seem I am actually a very very positive person and lend 100% of my energy and support to our great project that is Community Radio. I merely point out the things that I see as wrong. To do this is not wrong, it is in fact a duty.
>  
> In times when the other side of Road to Jericho is packed full, I think focus should be given on how we can help each other and especially how those in authority can also lend a hand as opposed to putting up barriers.
>  
> Key points :-   (that could be discussed next week)
>  
> 1)      Pro rata the Radio Fund has plummeted over the past 8 years at a rate faster than a greased Pig going down a Hill … to add to this, there has been a golden opportunity to at least pop a token gesture into the Pot, if nothing else. Instead, the 8 Million has gone elsewhere.
> 2)      Over a period of a number of years and many consultations it is now technically taken ‘as read’ that to run the AVERAGE/GENERAL Community Radio Station under AVERAGE/GENERAL rules we ON AVERAGE need around £80,000 per-annum. This is well known within and outside the sector. However, we still have a 50% ruling (which I don’t agree with as know, nor do I agree with any restrictions apart from targeting ‘the spend)      this 50% ruling if applied correctly, surely should at least come out at an allowance fee of ‘’’half’’’     ie:- £40,000 Pounds as opposed to £15,000 which is the point the restrictions kick in. At least what this would do is loosen the straight jacket, and give plenty of room for manoeuvre ………… and still provide protection to those about to throw their Toys out of the Pram.
> 3)      Tweaks (only tweaks) to Licences where both the Station itself and Ofcom ‘got it wrong’            this in our case could simply be adding ONE WORD to the Licence and where permitted allowing some Stations (as long as it caused no one else a problem) a small power boost.
> 4)      An acknowledgement that Key commitments can actually change, and change back again over a period as short as 12 months, sometimes out of control of the actual Station itself, and waiting for a consultation to come round again is not helping anyone.
> 5)      PRS/PPL actually doing the decent thing and acknowledging that ALL OF US are not for profit, and although at the end of each year we may have £5,000 - £10,000 in the account, this is in fact only a type of ‘float’ and not profit. We are being asked to report on nothing. This is also a matter of principal and not the amount of money. We report on how many songs we play per-hour and then send the agreed average/minimum fee. Yet again it seems we have had another process with opportunities missed, that in reality would have pleased and sufficed everyone concerned.
>  
> There are others, but it’s Christmas and I won’t bore you. The gentleman in question, please don’t shoot the messenger and don’t have a pop at those who are trying to help, even if the method is a bit off-piste. My only crime is, I just say it as it is, as pussyfootying around doesn’t bode well with my make up.
>  
> I have always tried to remain polite, it has just been the odd time frustration gets the better of all of us.
>  
> Is ones heart in the right place is the key question for all of us ??? ---------- the answer to that is most definitely ‘’yes’’       I always try to add a bit of humour to the observation to keep it light, even though it may be mixed with a touch of sarcasm.
>  
> All Mariah Carey wants for Christmas is you, All Mr N H Dumpty wants is a bit of common sense and all this nonsense gone by Spring 2017. Everything is possible you simply have to have the get up and go and the will power.
> Let’s have another go ……………. Get a big meeting and get everyone in the same room --- DCMS/Ofcom/PRS/PPL and Uncle Tom Cobbley
>  
> Onwards and Upwards
>  
> Feliz Navidad
>  
> Nick
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