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Canadian Music Collection Society Demanding Payment For 30 Second Song Previews
from the the-very-definition-of-promotion dept
Remember last year, when ASCAP and BMI suddenly started claiming that the 30-second previews in iTunes and other online music stores should count as public performances for which they should be compensated? Yeah, that didn't get very far, as the courts shut that down quickly. Colin Ross alerts us to the news that up in Canada they're going through something of a similar debate with the Society of Composers, Authors and Music Publishers of Canada demanding royalties for the 30-second previews. Back in 2007, the Copyright Board in Canada told the group to get lost but it's kept on appealing, and now the Supreme Court is going to hear the case. Hopefully, they took it to shut down this nonsense forever. 30-second previews are the very definition of a promotional good. Demanding payment by claiming they're a public performance goes beyond greed to an insane level of entitlement.
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The ultimate conclusion
So what is the threshold? 5 seconds? zero?
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If they really want to go that route, let have at it and see how it goes.
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Who wins?
More proof that either these groups do NOT have the artists' best interests at heart or they are amazingly out of date, stupid, and incompetent at their advocacy. Either way, if i were a member of one of these groups i'd be pissed.
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alternately they can pay a performance fee for the 30 second preview and recoup it by charging a promotional fee back to the record label to cover the fee plus administrative costs plus a reasonable profit margin. If the labels are dumb enough to go down this path it could be more lucrative for Apple than actually selling the music.
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The link you provided for the "courts shut that down quickly" is to a story about a court, singular, saying that a ringtone was not a public performances. Do you actually have a story where a court said a 30-second preview was not a public performance? Thanks.
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Just play 29.999 seconds of the song
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It's called, "Cutting off your nose to spite your face." If I remember correctly, there was a TD piece about a study which found that people weren't satisified with more if their peers had even more. There's just this weird thing in the animal part of the human brain that makes you think you're getting screwed if the other guy has more than you even if you have more than you used to.
I think that the record labels can't see past this mentality. They are so focused on the "lost" revenue from charging for song previews that they can't see the long term benefit.
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By ignoring the actual problem, you agree with SCAMP that 30 seconds worth of a song is a performance. You must be a joy to have at kids pageants. You just stand at the back door demanding payment for the "artists", don't you?
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While I'm not one for the mystical aspects of religion, there is a wonderful biblical parable Christ told his deciples about a vineyard owner and three workers that tells this story of our human aspect perfectly....
http://en.wikipedia.org/wiki/Parable_of_the_Workers_in_the_Vineyard
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Joe's post seemed perfectly reasonable to me.
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There are actually two links there, one next to the other. The second one links to the story you want.
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No more previews
Celine Dion t-shirt #1 $19.99
click to preview Celine Dion t-shirt ($1.00)
Celine Dion t-shirt #2 $19.99
click to preview Celine Dion t-shirt ($1.00)
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Has a U.S. court ever held that a 30-second song preview is not a public performance? Mike's post indicates that "courts" have indeed held this. Is that true, or is it a mistake? That's all I want to know.
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By ignoring the actual problem, you agree with SCAMP that 30 seconds worth of a song is a performance. You must be a joy to have at kids pageants. You just stand at the back door demanding payment for the "artists", don't you?
I simply asked a question. I'm curious if U.S. "courts" have really held that 30-second song previews are not public performances. Apparently my inquisitive nature offends you. Curious.
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Poison Apple
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Re: The ultimate conclusion
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25 “Meanwhile, the older son was in the field. When he came near the house, he heard music and dancing. 26 So he called one of the servants and asked him what was going on. 27 ‘Your brother has come,’ he replied, ‘and your father has killed the fattened calf because he has him back safe and sound.’
28 “The older brother became angry and refused to go in. So his father went out and pleaded with him. 29 But he answered his father, ‘Look! All these years I’ve been slaving for you and never disobeyed your orders. Yet you never gave me even a young goat so I could celebrate with my friends. 30 But when this son of yours who has squandered your property with prostitutes comes home, you kill the fattened calf for him!’
31 “‘My son,’ the father said, ‘you are always with me, and everything I have is yours. 32 But we had to celebrate and be glad, because this brother of yours was dead and is alive again; he was lost and is found.’”
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Hmm. I had thought that discussion covered both issues, but you may be right that it did not...
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Re: Charge a preview fee.
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