ASCAP music and YouTube

David Barnett · December 30th, 2010, 06:23 PM

Quote:

Originally Posted by Ben Fullerton

Very interesting. Looking forwards to learning more. Sounds like this is terrible news for music artists though.

Not necesarily. As Adrian stated there will likely be an (ugly) ad with link on the bottom reminding you the song is available to purchase on iTunes or Amazon etc. In addition to that, I wonder if part of the deal allows Youtube to insert a :15 national ad before your video starts.

I doubt your local dentist wants a :15 Nike ad and a tag at the bottom offering the song for purchase on their website.

Steve House · January 1st, 2011, 10:17 AM

A consideration I haven't noticed in this thread is that ASCAP is a Performance Rights licensing organization. It does not clear Synchronization rights, which must be obtained directly from the music's publisher in order to use the song's words and music in a film or video. If you shoot a film for broadcast, you must obtain sync rights to use the music. As part of the deliverables you include a cue sheet listing every song and its place and duration in the show. The cue sheet forms the basis for usage reporting by the broadcaster's traffic department to the various performance rights organizations (ASCAP, BMI, SESAC) and thus the royalty payments ASCAP makes to the copyright holders for each airplay of the song, such payments coming out of the broadcaster's blanket license fees that they pay annually to ASCAP. What I really suspect is going on with YouTube is that they have agreed to a performance licensing arrangement similar to a broadcaster's blanket license agreement, covering the performance rights and paid for from the advertising revenue they generate, just like a TV station. But it is important to note that the performance licensing that ASCAP administers is completely separate from the Sync licensing that producers must obtain in order to use the music in the show in the first place and that performance licensing fees do NOT cover the costs of the sync license fee paid directly to the music's publisher.

Erich Toll · October 13th, 2011, 06:29 PM

Quote:

Originally Posted by Bill Ward

This was new information to me, but as of this summer, ASCAP allegedly entered into a licensing agreement with YoutTube and is finalizing the same agreement with Vimeo.

As such, they tell me that if you produce a video for a commercial client, and the client places that video on their for-profit website...as long as they embed the video on YouTube, and then link to the video (instead of placing it directly in their website), they can use all the ASCAP copyrighted music they want.

Local dentist wants to use Lady Gaga tunes for their home page video? No problem, apparently. Go figure.

Not sure if this also covers BMI and SESAC copyrights, though.

If it sounds too good to be true, it probably is.

I'll stick with stock music, or for free music I think Creative Commons is a good site.

January 1st, 2011, 10:17 AM	#17
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	A consideration I haven't noticed in this thread is that ASCAP is a Performance Rights licensing organization. It does not clear Synchronization rights, which must be obtained directly from the music's publisher in order to use the song's words and music in a film or video. If you shoot a film for broadcast, you must obtain sync rights to use the music. As part of the deliverables you include a cue sheet listing every song and its place and duration in the show. The cue sheet forms the basis for usage reporting by the broadcaster's traffic department to the various performance rights organizations (ASCAP, BMI, SESAC) and thus the royalty payments ASCAP makes to the copyright holders for each airplay of the song, such payments coming out of the broadcaster's blanket license fees that they pay annually to ASCAP. What I really suspect is going on with YouTube is that they have agreed to a performance licensing arrangement similar to a broadcaster's blanket license agreement, covering the performance rights and paid for from the advertising revenue they generate, just like a TV station. But it is important to note that the performance licensing that ASCAP administers is completely separate from the Sync licensing that producers must obtain in order to use the music in the show in the first place and that performance licensing fees do NOT cover the costs of the sync license fee paid directly to the music's publisher. __________________ Good news, Cousins! This week's chocolate ration is 15 grams!