FAT CATS GET FATTER AS MY WALLET GETS FLATTER!
November 21, 2011
A FEW DAYS AGO I RECEIVED ANOTHER LETTER FROM YOUTUBE…
Dear Publisher or Society:
The National Music Publishers’ Association (“NMPA”), The Harry Fox Agency (“HFA”) and YouTube are excited to offer to all independent music publishers, whether or not affiliated with HFA, and non-U.S. mechanical collection societies who have entered into reciprocal agreements with HFA, the opportunity to opt into a direct license agreement with YouTube that will be administered by HFA (the “YouTube Licensing Offer”). NMPA and HFA have negotiated the terms of the License Agreement with YouTube for the benefit of music publishers.
A CONFIDENTIALITY CLAUSE PREVENTS ME FROM REPRINTING THE EMAIL (WHICH YOU KNOW I WOULD), BUT I CAN TELL YOU THAT I’VE NEVER SEEN SUCH A ONE SIDED DOCUMENT IN MY PROFESSIONAL LIFE.
ANY AGENCY, ORGANISATION, OR PUBLISHER WHO SIGNS THE 11 PAGE AGREEMENT WILL ALSO GET PIECE OF A 4 MILLION DOLLAR SETTLEMENT FUND (PROVIDED FROM YOUTUBE) ACCORDING TO THEIR SHARE OF THE MARKET…WHICH HAS NOTHING TO DO THE AMOUNT OF VIEWS ON YOUTUBE. THIS MEANS PUBLISHERS WHO HAVE EARNED THE MOST FROM OTHER SOURCES, WILL GET THE MOST FROM THIS YOUTUBE APPEASEMENT…WHILE MANY PEOPLE WHO ACTUALLY GOT THE VIEWS ON YOUTUBE WILL GET NOTHING!
SIGNING THIS AGREEMENT ALSO MEANS YOU CAN’T COME AFTER YOUTUBE FOR RETROACTIVE PAYMENT. MY GUESS IS THAT ALL OF THESE COMPANIES ARE GRATEFUL FOR ANY KIND OF COMPENSATION THEY CAN GET AT THIS POINT.
MY LATE FRIEND AND CO-WRITER, BEN RALIEGH (“TELL LAURA I LOVE HER”, “WONDERFUL, WONDERFUL”) USED TO TELL ME, “YOU’RE NOT A LAWYER, ART, YOU MIGHT FIND A FEW OBVIOUS THINGS YOU MIGHT WANT TO TAKE OUT OF A CONTRACT, BUT DO YOU KNOW WHAT OUGHT TO BE PUT IN?”
IN THIS CASE…HELL YEAH! THERE WAS NO MENTION OF HOW MUCH THEY WOULD PAY FOR EACH YOUTUBE PLAY WHICH IS THE KEY ISSUE HERE!!! THERE WERE ABOUT A DOZEN OTHER POINTS THAT I TAKE EXCEPTION TO, BUT THEY DON’T MEAN ANYTHING UNLESS THE MOST IMPORTANT POINT IS RESOLVED FIRST. HOW MUCH WILL YOUTUBE PAY THE PUBLISHER PER VIEW?
ALTHOUGH INDEPENDENT PUBLISHERS HAVE THE OPTION TO MAKE THEIR OWN DEAL WITH YOUTUBE, HOW MANY HAVE THE RESOURCES TO ACTUALLY DO SO?
Publishers can also obtain additional information about the program by calling toll free at 1 (888) 430-7225.
The Opt-In Period begins on November 17, 2011 and ends on January 16, 2012. The submission of all necessary forms must be completed electronically through the YouTube website or received by us no later than January 16, 2012 in order for a publisher to participate in the advance described in the YouTube Licensing Offer Overview. This deadline cannot be extended. The NMPA strongly encourages all interested music publishers to carefully review the detailed information in this offer.
P.S.AFTER THE DUST SETTLES, I WONDER, HOW MUCH MONEY WILL THE SONGWRITERS ACTUALLY GET? BUT THAT'S ANOTHER BLOG
Copyright 2011 by Artie Wayne http://artiewayne.wordpress.com/about-artie-wayne/
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