Friday, February 10, 2012

Royalty Ruckus: Music Publishers' Preemptive Strike

July 28, 2008

National Music Publishers' Association President David Israelite wrote to Senate Judiciary Committee members on the eve of a Tuesday hearing on music royalties in the digital age, reinforcing a distinction that his group has made on multiple occasions -- that "performing" and "distributing" are two distinct rights granted to a copyright owner. As such, they require two distinct licenses, he said in the Monday letter.

"Congress must make it clear that any service distributing digital copies must obtain a Section 115 license for the reproduction and distribution of the musical work and compensate songwriters and music publishers," Israelite stated. Platforms like HD and satellite radio should be able to thrive and expand, but not at the expense of the creators of music, he said.

Sen. Dianne Feinstein, D-Calif., who will preside at the hearing, introduced a bill early in this Congress requiring satellite, cable and Internet broadcasters to pay fair market value for the performance of digital music -- while mandating the use of piracy prevention technologies. Her bill strikes the right balance, Israelite added.

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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