http://www.musicweek.com/story.asp?sectioncode=1&storycode=1038698&c=1
US publishing associations including ASCAP and BMI are looking to collect performance fees for their members from the use of 30-second audio samples on download stores like iTunes, Amazon MP3 and eMusic.
The publishers are arguing that this is necessary to compensate songwriters who they feel are not adequately compensated for the use of their music online. They see these 30-second clips as “public performance” and want royalties paid accordingly.
This is part of a wider move by publishers to get more favourable rates for the use of music on digital and broadcast services.
The publishers are taking their case to US Congress to try to push through wide-ranging legislation that will compensate songwriters for the use of samples download stores.
Speaking to CNet, the head of the Digital Media Association Jonathan Potter criticised this move by the publishers.
He said, “Songwriters are getting paid. They're paid sync rights and (mechanical) rights. They aren't getting paid for the public performance in a download because there is no public performance in a download […] They are picking on Apple because they say Apple is making a bundle of money. But these companies should be thrilled that Apple and the other services are selling music and generating millions, maybe tens of millions, in royalties."
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