Podcasting and Royalties

Barbara Freedmanorchestras, podcast4 Comments

I got an email from a friend who is on the orchestra committee of a regional orchestra here in CT. He asked me if I knew anything about royalties or extra/recording pay for orchestra musicians, as the Board of Directors of the orchestra wants to do podcasts. There are two separate issues here; payment to performers for the recording and royalty payments for downloads of the podcast. I

  • Sorry – off topic reply! I just checked your tutorials on GarageBand and Logic – fantastic. I’m new to Logic 8 but I think the Logic 7 tutorials will still help me. I’ve been using Jing for screencasts – advantage is that it creates a Flash movie (rather than quicktime), uploads it to a server and gives you an embed code, so it’s a bit more friendly to the YouTube generation! Disadvantage is that the audio quality is set at a default that is pretty terrible! I’m logged in as ‘realstrings’ (my other hat) but I found you through my edublog – pwhitfield.edublogs.org
    Best wishes!

  • Thanks for the kind comments! I JUST got Logic Studio (8) for my Lab so I am working on a whole new set of Screencasts. Yes, I know Jing and think it’s a great idea. I am just starting the whole webcast/video/Flash thing so it’s not something I am familiar with. I used SnapzPro for the QuickTime movies but I am checking on webcasting possibilities that will require me to learn Flash details. Something new to learn! I’ll check out your blog!

  • Great article, and I think you explained things very well on the labor-relations side of this complex issue. I would like to make a clarification on one of your points:

    “Take the case of YouTube. If Joe Citizen posts a video on YouTube and by chance a Madonna tune is heard faintly out of a passing car on that video, YouTube is responsible for paying all the related royalties because YouTube is a commercial site in that it sells advertising space and makes money.”

    I agree that YouTube is a commercial site, but as an Online Service Provider, it is protected by the DMCA’s Safe Harbor Provision (see Wikipedia for explanations of these terms). If a copyright owner notices an infringing work (such as an orchestra’s recording in the background music of a video), the orchestra’s remedy is to send a Take-Down Notice as provided for in the DMCA.

    Copyright is a very sticky area, and I don’t want orchestra members to get excited if they hear their performance softly in a background of a youtube video because they think they are going to be getting a check.

    Cheers!

  • Thanks for the clarification, Chad. Great comments with citations although I would recommend people do research on DMCA’s Safe Harbor Provision separate from Wikipedia. No insult to you or Wikipedia but I just don’t find that site to be reliable all the time. I am going to check with my friend in royalties and maybe a lawyer friend. Thanks for your comments!