Discovery Networks Corners Composers in Music Royalties Battle

[jdstamper]

Will ASCAP, BMI and other PRO’s help to fight this?

Yes!

ASCAP statement: https://www.ascap.com/news-events/artic ... a5mETVJTU#

BMI statement: https://www.bmi.com/news/entry/bmis-pos ... y-networks

SESAC statement: https://www.sesac.com/#!/headlines/arti ... -composers

Thanks for posting these links

[Casey H]

My understanding is ASCAP and BMI are limited in what they can do to fight this because they are party to the original consent decrees which support direct licensing (*), outside the PRO system. At the time, a law was passed to prevent antitrust monopoly by the PROs. You'd have to research this more.

Direct licensing is legal and originally agreed to by ASCAP and BMI. However, it's come to be used in ways not positive for composers. I believe ASCAP and BMI are working to get the original consent decrees modified.

Caveat: I'm not an expert on this and welcome corrections.

(*) Discovery wants to go to a full direct licensing model where they would pay a small fee and there would be no performance royalties. Scripps network (Food Network, Travel, HGTV, etc) has already been doing this for many years and Discovery bought Scripps a few years ago. It's possible they would extend that Scripps model to all their channels.

Casey

[tresero]

My understanding is ASCAP and BMI are limited in what they can do to fight this because they are party to the original consent decrees which support direct licensing (*), outside the PRO system. At the time, a law was passed to prevent antitrust monopoly by the PROs. You'd have to research this more.

Direct licensing is legal and originally agreed to by ASCAP and BMI. However, it's come to be used in ways not positive for composers. I believe ASCAP and BMI are working to get the original consent decrees modified.

Caveat: I'm not an expert on this and welcome corrections.

(*) Discovery wants to go to a full direct licensing model where they would pay a small fee and there would be no performance royalties. Scripps network (Food Network, Travel, HGTV, etc) has already been doing this for many years and Discovery bought Scripps a few years ago. It's possible they would extend that Scripps model to all their channels.

Casey

I would say not only probable, almost guaranteed.

[jdstamper]

Casey, Thanks for the update / insight about the PRO's. Let's hope they can do something in the long run, and not too late.

Meanwhile we should all make as many objections as possible.

[guscave]

Just found out from a library I work with that they were told by Discovery that they will not be implementing this new structure on previous shows and episode already released, but it still looks like they want to incorporated it with music added to shows after Jan 2020. So the fight continues...

[Casey H]

Just found out from a library I work with that they were told by Discovery that they will not be implementing this new structure on previous shows and episode already released, but it still looks like they want to incorporated it with music added to shows after Jan 2020. So the fight continues...

Yea, I've been hearing that. My fear is it's like a freight train moving that can't be stopped. We have to keep raising our voices!

Casey

[MBantle]

I was wondering whether any of you had the latest news in this matter. I checked online but could not find any update.
Cheers,
Matt

[SubRivers]

I was wondering whether any of you had the latest news in this matter. I checked online but could not find any update.
Cheers,
Matt

Suspect Discovery is in keeping head down mode in the hope of riding out this "storm" until it becomes the new norm.

Which it seems it is already - I have many placements detected by Tunesat that never paid anything and the common denominator is clearly the channel involved.

So if HGTV pays nothing why should Discovery for the same music.

Why should MTV or CBS pay if Food Network is exempt.

Needs something more than words - needs libraries to stop supplying both good/bad broadcasters with the same music.

The channels that don't pay the PROs should only use music from composers that don't belong to PROs or have signed off PRO rights.

It shouldn't be possible to make a deal at some point in the chain that negates they rights of parties earlier in the chain.

[DesireInspires]

I was wondering whether any of you had the latest news in this matter. I checked online but could not find any update.
Cheers,
Matt

Suspect Discovery is in keeping head down mode in the hope of riding out this "storm" until it becomes the new norm.

Which it seems it is already - I have many placements detected by Tunesat that never paid anything and the common denominator is clearly the channel involved.

So if HGTV pays nothing why should Discovery for the same music.

Why should MTV or CBS pay if Food Network is exempt.

Needs something more than words - needs libraries to stop supplying both good/bad broadcasters with the same music.

The channels that don't pay the PROs should only use music from composers that don't belong to PROs or have signed off PRO rights.

It shouldn't be possible to make a deal at some point in the chain that negates they rights of parties earlier in the chain.

Some of these music libraries are incredibly shortsighted in regards to doing proper business. They give away access to their catalogs for a handful of magic beans. I hope to see some of these companies with terrible deals for composers go out of business this year. Some consolidation and correction is needed at this point.

[MBantle]

One of my publishers told me there continue to be developments, some good and some vague. Like many of you I joined yourmusicyourfuture.com but since I am not a Facebook member anymore I can't confirm whether they posted any meaningful updates. Let me know if you got better information. I'd appreciate an update!
Cheers,
Matt