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Post by NoFilterChuck on Jul 1, 2016 14:26:03 GMT -6
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Post by Johnkenn on Jul 1, 2016 14:42:19 GMT -6
Not sure I disagree. Corporate welfare at its finest. It 100% benefits billion dollar corporations and screws the common person. Wonder why there can't be a class action lawsuit?
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Post by mrholmes on Jul 1, 2016 15:01:30 GMT -6
If you wait for politics to change the law to save culture and a big business. True you need to change your career.
In every business you have to change your business model from time to time. Its time to change the model now. I wont bet on big labels anymore... times have changed ten years ago.
Some ways to sell your music are no go routes. Other ways are new ways. You need a big mixture off distribution channels.
You wont make as much as in the high times sure...
Meanwhile we hope that politics do something about it. I have my doubts and I say in 8 years its dead - no one can make a living from composing anymore. There will be a few exceptions left...
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Post by drbill on Jul 1, 2016 15:08:22 GMT -6
"Sorry, everyone. Music is dying, better change careers now!"
"no one can make a living from composing anymore"
Really? I made more last year than any year since I started in music full time 30 years ago. Maybe I was just a slow starter? Nevertheless I bought a house and raised a family in LA on a musicians income..... Go figure.
Maybe I'll retire then since it's "over"
BTW, the Justice department has their head up their collective ***es, and are no doubt firmly in the back pocket of the tech industry. No surprise there. Tech owns the government outright.
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Post by Johnkenn on Jul 1, 2016 15:24:28 GMT -6
Bill, I had a feeling you would come say that. Good for you. Do you make your money primarily as a songwriter? You produce, mix and engineer, right? It's an eco-system. If you don't feel it now, you will soon.
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Post by NoFilterChuck on Jul 1, 2016 15:41:49 GMT -6
Bill, are you strictly in a work-for-hire career? or are you tied to earning a large part of your income from royalties?
I bet the work-for-hire folks(sidemen, session players, arrangers, mixers, etc) will be ok, as will the people who rely exclusively on performing live to survive. But the writers and suppliers of content (those that do the hiring and producing) are the ones who will be hurt the most. Almost all of my income is as a work-for-hire (strings/horns) or playing live (church gigs/wedding bands). I feel sorry for the folks that supply music to library companies. That whole pay scheme that goes with library music is one of the reasons I never got involved with that type of work.
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Post by drbill on Jul 1, 2016 15:44:00 GMT -6
Bill, I had a feeling you would come say that. Good for you. Do you make your money primarily as a songwriter? You produce, mix and engineer, right? It's an eco-system. If you don't feel it now, you will soon. Oh I feel it alright, but like I said, I'm a chameleon, and while I bet on the traditional revenue streams, I balance my investments (music) with new paradigms. Since moving, I've not been engineering, selling studio time or producing anyone but myself. That has single handedly been the best move I've ever made. I make my income as a composer / songwriter. Producing my own music. In all honestly, last year I did get hired to engineer / mix / sound design the new Pirates of the Caribbean for Disney, but even if I hadn't, it still would have been my best year, although it would have been BARELY my best year yet.
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Post by drbill on Jul 1, 2016 15:46:14 GMT -6
Bill, are you strictly in a work-for-hire career? or are you tied to earning a large part of your income from royalties? I bet the work-for-hire folks(sidemen, session players, arrangers, mixers, etc) will be ok, as will the people who rely exclusively on performing live to survive. But the writers and suppliers of content (those that do the hiring and producing) are the ones who will be hurt the most. Almost all of my income is as a work-for-hire (strings/horns) or playing live (church gigs/wedding bands). I feel sorry for the folks that supply music to library companies. That whole pay scheme that goes with library music is one of the reasons I never got involved with that type of work. Royalties. With a touch of work for hire. (I've been trying to ease out of work for hire in favor of royalties, but old clients keep reeling me back in. :-) ) My experience does not equal your experience. I'm not saying yours is inaccurate, but that mine does not back up your statistics / views.
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Post by Johnkenn on Jul 1, 2016 16:47:47 GMT -6
What - if any - recourse do songwriters have? Could there be a class action lawsuit filed against - well, who? As a songwriter that is DIRECTLY affected by this kangaroo rate court, I feel as though I have been denied due process and the right to fair procedure. The Fifth Amendment clearly states that no one shall be "deprived of life, liberty or PROPERTY without due process of law." By devaluing our property to the point it is worthless and absolutely abusing due process (including a DA that was employed by Google), the Government is infringing on our Fifth Amendment privilege. Surely, someone can and will step in and do SOMETHING. Intellectual property is addressed in the Constitution. Article 1, Section 8, Clause 8: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Can't SOME lawyer argue that the rate court's decision to basically invalidates any ownership of our OWN intellectual property? On top of that - allow monopolies to sell it without proper compensation - compensation that is drastically lower than any minimum wage. They government is setting prices in a supposed free market economy - THAT is unconstitutional. Where is the public outcry? If this happened in ANY other industry, there would be marching in the streets. Big business colluded with their crony buddies in the early part of the 20th Century to put a cap on what PROs could ask for for songs...Greased palms then and now Apple, Google, Spotify and Pandora are greasing palms now. Absolute, shameful corruption.
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Post by Johnkenn on Jul 1, 2016 17:04:26 GMT -6
Bill, I had a feeling you would come say that. Good for you. Do you make your money primarily as a songwriter? You produce, mix and engineer, right? It's an eco-system. If you don't feel it now, you will soon. Oh I feel it alright, but like I said, I'm a chameleon, and while I bet on the traditional revenue streams, I balance my investments (music) with new paradigms. Since moving, I've not been engineering, selling studio time or producing anyone but myself. That has single handedly been the best move I've ever made. I make my income as a composer / songwriter. Producing my own music. In all honestly, last year I did get hired to engineer / mix / sound design the new Pirates of the Caribbean for Disney, but even if I hadn't, it still would have been my best year, although it would have been BARELY my best year yet. That's sync for television and film. Many times a lump sum and then royalties that pay at a competitive rate. Sure - radio still pays great - if you have a single. Less people have singles every year than play in the NFL. Every time you compose something that is seen on TV or film, that's akin to having a single - pays differently but still fantastically compared to the streaming thieves. THIS is the crux of the issue. I want the right to DENY allowing my music on streaming services. But the government won't allow me. I would like to be able to negotiate that rate. But the government won't allow me. So - the rate ASCAP and BMI negotiated with radio HAS to be the same rate that is given to Spotify et al. Well, the only reason that rate (lets say .00011 cents) was negotiated with radio is because it has ALWAYS been multiplied by the audience that listens when the song plays. So - they know that in Chicago at WFKU at noon there 100k listeners. They multiply .00011 x 100,000 and that equals $11 for that play. Now Spotibitches comes in and says, "hey - you licensed that song to radio for .00011 cents per spin. And because the government has rules called "consent decrees" that were first designed in the 1940s - by that law, the SAME rate has to apply to everyone. Well, here's the problem - Spotify doesn't have any multiplied formula. One impression equals .00011 cents. So - lets say you have a WORLDWIDE hit and it is listened to 10,000,000 times on Spotify. 10,000,000 x .00011 = $1100. $1100 for 10 Million spins. Is that fair? Oh, if you co-wrote it you get to split that with your co-writer.
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Post by joseph on Jul 1, 2016 17:20:42 GMT -6
Everyone I know of in LA with profitable studios is doing things like car commercials. Fuck that.
Bob is absolutely right that the expectation of a 70s-90s model million dollar budget block out studio recording should be abandoned in favor of 50s/early 60s model of strong performance and quick no bullshit productions. Hell even the smart electronic kids are more and more into analog synths and improvised performance.
Unfortunately songwriters are screwed of income unless connected to a popular live scene.
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Post by Johnkenn on Jul 1, 2016 17:22:19 GMT -6
I'd just like to be able to continue doing this for a living. I'm not asking to be paid like - say - a Pandora employee.
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Post by dandeurloo on Jul 1, 2016 17:27:46 GMT -6
This has nothing to do with me.
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Post by drbill on Jul 1, 2016 18:41:28 GMT -6
This has nothing to do with me. ? ? ?
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Post by Johnkenn on Jul 1, 2016 18:54:30 GMT -6
Anyone mind if I move this to another forum? I get depressed every time I see it...
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Post by drbill on Jul 1, 2016 18:58:15 GMT -6
Oh I feel it alright, but like I said, I'm a chameleon, and while I bet on the traditional revenue streams, I balance my investments (music) with new paradigms. Since moving, I've not been engineering, selling studio time or producing anyone but myself. That has single handedly been the best move I've ever made. I make my income as a composer / songwriter. Producing my own music. In all honestly, last year I did get hired to engineer / mix / sound design the new Pirates of the Caribbean for Disney, but even if I hadn't, it still would have been my best year, although it would have been BARELY my best year yet. Every time you compose something that is seen on TV or film, that's akin to having a single - pays differently but still fantastically compared to the streaming thieves. I agree with everything you said except that. First, the streaming thieves are taking over TV as well. And Film does not pay in the US until it hits TV. So......While technically you might be right, having one single on radio a year could keep you alive financially. Depending on where you live, OK - two singles. Unless you're talking the theme for a major network constant in rotation show like the theme for "the Voice", you'd better have thousands of plays, be worldwide based, and been doing it a long time so you have syndicated shows in play. Every play nets maybe $0.50 to maybe $18 per play. - and that's for tens to hundreds of thousands of people per play and it's more often towards the smaller. That's a LOT of plays in a quarter to make 3 months worth of income. It's not for the weak, lazy, "write a song a week", or short term money seekers. I'd guess that I have 500 to a thousand shows playing any particular quarter, and on average 5-15 pieces per show. That's a LOT of plays, and it's not like I'm making a killing or a becoming an instant millionaire. But it's a living. I feel for the songwriters who are still working the old school paradigm. It'd rough, no doubt. Seems like it's a part time occupation now, with the balance of time having a "real" job. It shouldn't be like that. Congress should get off their asses. I say vote out EVERY incumbent regardless of their record. Get the message across that they work for us on a temporary basis - 4-8 years and that's it. Until then, expect more of the same BS and back room antics while high tech corporate lobbyists buy off the little guy for their own mega-profit. Did I just break the politics rule???
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Post by dandeurloo on Jul 1, 2016 19:10:18 GMT -6
BTW, the Justice department has their head up their collective ***es, and are no doubt firmly in the back pocket of the tech industry. No surprise there. Tech owns the government outright. For some reason it didn't copy into the first post?
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Post by drbill on Jul 1, 2016 19:46:45 GMT -6
BTW, the Justice department has their head up their collective ***es, and are no doubt firmly in the back pocket of the tech industry. No surprise there. Tech owns the government outright. For some reason it didn't copy into the first post? Hahahaaaaa!!
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Post by swurveman on Jul 2, 2016 11:15:28 GMT -6
I was at a party last night and spoke with two college students who have wealthy parents. I asked them if they'd ever paid for music. Both said no. I asked them how many GB's they'd illegally downloaded. They both said "lots". I'm happy for Dr. Bill and anybody who can make a living in music, but the music industry is for the most part dead as a money making enterprise for much of the populace who used to be able to make livings in the music industry. The college kid said to me "you can't change the model, it's going to be free from now on". I asked him, "What if a friend of his had been jailed for 30 years for illegally downloading music, would it be worth his future to illegally download?" He looked at me like I was crazy. He'd never risk his future if the price was too high.
Until the government passes and enforces laws at all level of this grand theft, nothing is going to change. However, as has been pointed out, the politicians are hostages to campaign funding and the tech center is a major player. Furthermore, I believe the politicians fear if they stop giving away free entertainment to the masses of people that have no money and no hope to be wealthy, they will have real political unrest with real consequences. So, it's a no brainier for them to kill off most of the music industry's profitability given the circumstances.
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Post by sozocaps on Jul 2, 2016 11:41:30 GMT -6
I never curse but Fuck this government... Fuck them...
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Post by Johnkenn on Jul 2, 2016 12:13:05 GMT -6
I was at a party last night and spoke with two college students who have wealthy parents. I asked them if they'd ever paid for music. Both said no. I asked them how many GB's they'd illegally downloaded. They both said "lots". I'm happy for Dr. Bill and anybody who can make a living in music, but the music industry is for the most part dead as a money making enterprise for much of the populace who used to be able to make livings in the music industry. The college kid said to me "you can't change the model, it's going to be free from now on". I asked him, "What if a friend of his had been jailed for 30 years for illegally downloading music, would it be worth his future to illegally download?" He looked at me like I was crazy. He'd never risk his future if the price was too high. Until the government passes and enforces laws at all level of this grand theft, nothing is going to change. However, as has been pointed out, the politicians are hostages to campaign funding and the tech center is a major player. Furthermore, I believe the politicians fear if they stop giving away free entertainment to the masses of people that have no money and no hope to be wealthy, they will have real political unrest with real consequences. So, it's a no brainier for them to kill off most of the music industry's profitability given the circumstances. This covers illegal downloading. Until the government decides to enforce the law against theft, mechanicals are done. I wonder if there could be a lawsuit against the government for not enforcing laws already on the books? As Joel mentioned a case might be brought against several companies like Google, YouTube, Spotify, etc for "unjust enrichment." Class action.
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Post by swurveman on Jul 2, 2016 12:57:04 GMT -6
I was at a party last night and spoke with two college students who have wealthy parents. I asked them if they'd ever paid for music. Both said no. I asked them how many GB's they'd illegally downloaded. They both said "lots". I'm happy for Dr. Bill and anybody who can make a living in music, but the music industry is for the most part dead as a money making enterprise for much of the populace who used to be able to make livings in the music industry. The college kid said to me "you can't change the model, it's going to be free from now on". I asked him, "What if a friend of his had been jailed for 30 years for illegally downloading music, would it be worth his future to illegally download?" He looked at me like I was crazy. He'd never risk his future if the price was too high. Until the government passes and enforces laws at all level of this grand theft, nothing is going to change. However, as has been pointed out, the politicians are hostages to campaign funding and the tech center is a major player. Furthermore, I believe the politicians fear if they stop giving away free entertainment to the masses of people that have no money and no hope to be wealthy, they will have real political unrest with real consequences. So, it's a no brainier for them to kill off most of the music industry's profitability given the circumstances. This covers illegal downloading. Until the government decides to enforce the law against theft, mechanicals are done. I wonder if there could be a lawsuit against the government for not enforcing laws already on the books? As Joel mentioned a case might be brought against several companies like Google, YouTube, Spotify, etc for "unjust enrichment." Class action. Viacom sued Youtube, but Youtube won. The judge ruled that Youtube did not (A) have knowledge or awareness of any specific infringements … ; (B) willfully blinded itself …; (C) know whether had had the “right and ability to control” infringing activity …; and (D) Whether any clips … were syndicated …. Viacom dropped the suit, apparently with no money being exchanged. The government is pretty hard to sue. But there are laws which bring about civil litigation, but as you can see the judge ruled in favor of Youtube despite clear evidence that they are breaking the law. Who believes that Youtube doesn't know that copyright protected content is being illegally uploaded to their site, but are turning a blind eye? The bottom line to me is that "the government" is politicians dependent on tech money. The same is true of banking money etc. This is why I'm so opposed to Citizens United, which only broadened the ability for the big tech companies and banks to influence laws and policies. Laws don't matter when political money is involved. We saw that in the 2008 banking fraud and we're seeing it in this copyright and royalties fight.
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Post by Johnkenn on Jul 2, 2016 13:25:41 GMT -6
The original ruling by the DOJ (or whatever it was then) that considered ASCAP and other songwriter collection agencies fall under antitrust requirements wreaked of backroom, big business cronyism. The "mechanical" player piano makers and other users complained that ASCAP had a monopoly and all the leverage in working out deals for the music they needed to sell their product. Sounds like right now, right? I have no doubt they bought the votes then and I have no doubt that Google, Apple, Spotify and Pandora bought the vote this time. Their business model requires slave labor to make money - otherwise they couldn't turn a profit. It's the dirtiest and damndest thing I've ever seen...and the rest of the world fiddles while Rome burns.
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Post by EmRR on Jul 2, 2016 14:38:11 GMT -6
I'm 22 years into studio world, and i've yet to encounter a situation that would net me a royalty payment. I could make myself broke lawyering up contracts for those who never sell a thing, and the few that do sell wouldn't balance it out. I got a single royalty check in 1994 for a band i was in. Under a dollar. So pardon if it seems a bit esoteric. I'm clearly operating in a backwater.
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Post by NoFilterChuck on Jul 2, 2016 14:44:20 GMT -6
seems like playing live is the only real money maker, if you can develop a following...
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