Radio Performance Royalty Bill HR 848

Radio Performance Royalty Bill HR 848

 

Introduced on 4 February 2009:

Performance Rights Act – Amends federal copyright law to:

(1) Grant performers of sound recordings equal rights to compensation from terrestrial broadcasters;
(2) establish a flat annual fee in lieu of payment of royalties for individual

 

In view of the fact that since the beginning the standard in American Radio was that Broadcasters did not have to pay artist performance royalties as they did pay (songwriters) royalties because they allegedly promoted the artist and was a service to the artist.  However, Internet Radio, Satellite Radio and the distribution of MP-3’s having drastically transformed the music scene.  So the United States Congress is responding with due diligence to this fundamental flaw in the industry.

 

Question: Is this true today, does radio broadcasters name the artist after each song these days?  I mean artist like Janet Jackson and Michael we just know them when we hear them, but how about the new artists?

 

Many radio stations are in opposition to the new legislation, but this legislation is designed to preserve the American way, because if the artists continue to get cheated they will cease to exist, than radio will have nothing to play of good quality.  A frontrunner in opposition is Michael Baisden of Kiss 98.7 one of the hottest shows on radio syndicated nationwide.

 

Maybe there might be a middle ground that has to be found, that is cost effective to both sides such as increased costs to advertise and a few pennies on the products we buy in stores to cover the costs, but the artist has to be paid for the industry to continue to produce quality music.  Maybe even a tax on blank CD’s!

 

As we know with the new music scene album sales are down, perhaps the production of SACD formatted albums could help some, but the fact of the matter is that most people listen to MP-3 and radio as a source of music listening pleasure.  The artist of the future will have to cater to seeking radio airplay as opposed to record sales.  A hit to the future artist will be determined by how much airplay they get, so the bill is a good bill, but the costs has to be absorbed by the consumers across the board in the form of slightly high consumer prices across the board.  That is my opinion what is yours?

 

The Message of the Day

 

You will find yourself in situations where confrontation is necessary — not every day perhaps but enough to realize it is going to be a feature over the next 12 months or so. That’s good. You need to toughen up and recognize how much more you are capable of.

Your feelings tend to be a bit fragile at this time of year but that is not an excuse to avoid challenging situations. Your heightened sensitivity will help you make the right decisions.

H.R. 484 May strike down Radio Exemption to Performance Royalties

H.R. 484 May strike down Radio Exemption to Performance Royalties

 

I am not doing anything out of the ordinary or extraordinary.  I am just hoping Janet might perform one show for AllGood Entertainment; I do not want a long drawn out court lawsuit, by Patrick Allocco.  Michael said he would do the show when he comes from London, Janet is working on a new album.  I just took it on my own to act as a mediator between MJJ and Patrick, I might have committed Janet prematurely, but the show would help record sales, she can do her best songs and record the performance and make an agreement to use them to promote her album saving costs on music videos.  The arrangement is all good if all we get is the retainer and access to the film for future exploitation.  In other words instead of paying to make videos will get paid to make an extravaganza, that can be used to exploit our material.

 

I understand that  ASACP, BMI, and SASAC Americas Performance Rights Organizations (PRO’s) proposed a bill through Rep. John Conyers to go up on the rates to play music over the radio airwaves, I do not know if that includes internet radio, I am searching for this information and will report on this in the future.  Radio personalities are upset with this change.  The House Bill will strike down radio exemption of performance rights. Under H.R. 484 if passed many black radio personalities think it my harm the radio industry.  The issue is about putting some more money in the artists pockets.

 

It might work out, I am a member of ASCAP and I know recording artist are not selling music like the old days and radio airplay is my number one source of music listening.  You will find that most people listen to the radio hours every day.  So if this is true, it might not be all unethical or bad but a good thing, it would simply require a slight increase in fess by commercials aired on the radio and if it applies to internet radio and it should it would protect the radio industry from unfair competition.  Basically it is a new tax across the economic board and the radio stations will not carry the burden alone.

 

Performance Rights

Click above to learn what performing rights are

 

Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music’s composer/lyricist and publisher (with the royalties generally split 50/50 between the two.

 

You may be of the opinion that there are no limits, and generally speaking you may be right, but with Saturn turning direct on your birthday this year it will pay you to know how far you can go without provoking a negative reaction. Far enough, but not too far!

You may have to cut back on social activities and focus more on your home life this week but it won’t cause you any great hardship. Partners and loved ones need your assistance and you will jump at the chance to do your self-sacrifice bit.

My Report on MP-3 and Music Industry Dilemma

My Report on MP-3 and Music Industry Dilemma

 

To: President Barak Obama

From: Frank Paul Gambino Productions

Date: 16 March 2009

 

A mildly beneficial Mercury- Venus aspect on your birthday will encourage you to be more forward in both your thinking and your conversation. You have a lot of good ideas to offer the world but unless you speak up about them how will the world know?

 

You don’t always find it easy to express your point of view but with communications planet Mercury transiting your sign words will tumble out of you as and when you need them. Be careful though that you don’t say too much. Some things are better left unsaid.

Dear, Mr. President

I think your multitasking approach is outstanding, but we must not forget the arts as in the music industry.  Instead of writing a long letter, I will link you to several articles I wrote on the subject.  I do not just mention the problem but the solutions as well. 

What are Obama’s plans for the music industry?

Music Industry and MP-3 Complexities we must address

Charge MP-3 Memory or Drive Space Taxes

A Distribution Network waiting for Marching Orders

The Rise of the Underground by JDJJ

 

You are right some things are better left unsaid, especially when you have a self-righteous family.  I am about to give up on them, trying to prove things to them is futile, their minds are made up.

My family members and friends can recite every scripture but never mentions this one.  So I realize their disbelief is as preordained as my life in whole and things are better left unsaid to keep the peace and prevent an all out fallout.

 

A Prophet without Honor

 

13:54-58 pp—Mk 6:1-6

 

^{Mt 13:53} When Jesus had finished these parables, he moved on from there. 

^{Mt 13:54} Coming to his hometown, he began teaching the people in their synagogue, and they were amazed. “Where did this man get this wisdom and these miraculous powers?” they asked. 

^{Mt 13:55} “Isn’t this the carpenter’s son? Isn’t his mother’s name Mary, and aren’t his brothers James, Joseph, Simon and Judas? 

^{Mt 13:56} aren’t all his sisters with us? Where then did this man get all these things?” 

^{Mt 13:57} And they took offense at him. But Jesus said to them, “Only in his hometown and in his own house is a prophet without honor.”

^{Mt 13:58} And he did not do many miracles there because of their lack of faith.  

 

 

 

What is Obama’s Plans for Music Industry?

What is Obama’s Plans for Music Industry?

 

Behind all the glitter and glamour everything that shines is not gold.  The music industry is catching pure hell, even the biggest named artist are not necessarily getting royal treatment.  As the monster of entertainment Clear Channel Communications suffered $5 Billion in forth quarter losses due to major chances in asset valuation, such as licenses and other permits.  So not only did Janet Jackson tour in Japan get affected by the economy.  As huge names like Prince is doing it independently.

 

EMI lost about $200 Million in its first half of the financial year as the music business shows few signs of recovery.  Sony experienced a 22% decrease in revenue.  I mean everyone is hurting now.  Take Atlantic Records they say digital downloads surpassed CD sales, yet statistics claim 95% of downloaded digital music in 2008 was illegal.  It is predicted that digital sales will surpass music CD’s sales by 2012 across the board.  Meanwhile blank CD’s is still doing well.  What is the solution?  Sadly I must say this but the only solution is a music tax, because the computer age turned the normally honest into the dishonest, and the music industry is being raped. 

 

There has to be a music tax that is distributed in the same fashion as royalties, based on a percentage of the market share of a given artist or the music industry will soon be history and the American way changed in a negative way.  Balling at the Presidential inauguration was a good thing but let us get down to business and make the music industry a part of the economic recovery plan.  Because people probably listen to music more than ever, we just do not pay for it anymore.  Mr. President we are depending on you.

 

 

 

 

Janet Jackson and the Big Guns

Janet Jackson and the Big Guns

 

There are basically 4 or 5 major record labels today and what a major label really balls down to is they have their own distribution system and demands high volume record sales.  An independent label is basically a label that has no affiliation with a major label and uses independent distributors to get their record into the stores.

 

So if a person has their own label but is under the umbrella of a major labels are they actually independent of the major labels? The fact of the matter Live Nation is a monster in the music industry and is if not the most influential company in the music industry in conjunction with Clear Channel Communications.  So to sign an independent deal with Live Nation is not in fact independent of the major channels of the music industry, because the fact of the matter is record labels depend on Live Nation and Clear Channel Communications, for touring and airplay on the radio.

 

So it is obvious that they can demand from the major labels distribution for artist signed to them. The bottom-line is there will be advantages by Janet for signing onto her own Record Label “Black Doll” under the umbrella of Live Nation.

 

Perhaps Janet’s timing is perfect as Live Nation and Ticket-Master is announcing a merger, making Live Nation even bigger.  Just as major labels have their own distribution now Live Nation owns distribution of concert tickets as we know Ticket-Master is a major distributor of concert tickets.  So as a package deal it might be a very good business venture to sign onto Live Nation to put out a new album and new tour in 2009.  However statistical analysis has to be taken to measure the success of the tour based on the economic soundness in the world at large.

 

Some economist predict a full economic recovery and some a partial recovery and even other predict it will get worst before it gets better, and concerts and record sales are in fact out of discretionary spending.  So we have to respect Live Nation for their cautiousness as they take a risk on Janet.  In this one Janet is the Forward Observer for the King of the Battle.  In other words she is being sent out front to test the waters for the biggest and the boldest being Live Nation; because as the old going say it, “The show must go on.”   

 

With Live Nation in conjunction with Clear Channel Communications and Ticket-Master every opportunity that the Economic Reinvestment Plan can offer will be put to a test; and who better than Janet to face the challenge?  As we would often say in the United States Army the forward observer directed the big guns who were the king of the battle Artillery and air support. 

 

 

The Stimulus Legislation Breakdown Hyperlink

The Stimulus Legislation Breakdown Hyperlink

Click above and do the math

Then read the truth

 

The stimulus package main focus is on education, job training, transportation and infrastructure.   Though the per capita spending is not huge the total amounts are huge and if you look at who will directly benefit from the stimulus package the package can it be life changing for many people?

 

I will give you an example we will use as an example California who will get about $8 Billion, the total per capita spending for example for job training is $13.82 which is enough to pay someone for one hour, but what is the total population?  The total package for job training is therefore 37,000,000 x $13.82, which is the multiplication of the total population by the total amount per capita. What is the current unemployment rate in California?  The unemployment rate as of December 2008 was 9.3 %.  You do the math! This is only a piece to the puzzle and not the whole answer.  The real stimulus package is in the minds of the American people.

 

Like President Obama said in so many words, America has to produce and not just import, code for American must buy American and trade fairly with foreign nations.  Trying to save a buck using cheap labor has left the nation without consumers.

 

Our economy thrives on spending, but the spending cannot be based on borrowed money for foreign nations and has to be based on a production process that in internally structured and that is the true infrastructure of the American Economy.  To truly grow the economy a dollar spent has to be based on at least a dollar and ten cents made through an internal production process.

 

America outsourced itself out of consumers and consumers save a dollar on products to place themselves on the unemployment line.  The only campaign that will turn this economy around is the old saying, “Buy American Goods,” made from Americans resources if possible and made by Americans and this will create American jobs. It is that simple, now are you ready for the truth?  What this has to do with Janet Jackson?  Black Doll and Live Nation are American Business, even in entertainment we have to buy American and trade dollar for dollar.  Support American Entertainment also.

Open Letter Janet Jackson’s Negotiations

To: Mark Mays & Michael Rapino

From: Frank Paul Gambino

RE: Open Letter Janet Jackson’s Negotiations

Date: 7 February 2009

 

To: Janet – Some basic Necessities

 

#1: Home Studio fully equipped DAW to record SACD Quality

#2: Sign your brothers and try to get Michael and Alicia

#3: Buy at least 1,000 Beats & hire people into poetry as writers

#4: Think about the location of the studio and office

#5: Tour Support and Sponsorship for technology experimentation and charitable tours such as the USO

#6: Let Jermaine Dupri go his separate ways to Sony or whatever he is the problem.

#7: Option to hire full time band to work on studio and tour music

#8: Major Distribution or recorded works

#9: Clear Channel Communications commitment to airplay

 

To: Live Nation – So what if we fall short let these conditions be the starting point to Janet ongoing negotiation for a record label.

Janet’s Live Nation Contract Negotiations Still on Table

We start here and it can end here as well.  All we need lawyers for is to write out these negotiations into a contract.  To do this the four entities have to settle on timing these events.

Janet gets $100 Million in a 5 year deal that is extendable to 7 years, which provides for maternal leave in case of pregnancies.  The contract will include 3 CD’s, 3 Movies roles, a 6 months show at a Casino to be named and two world tours.  I do not know the specifics of Madonna and Jay Z’s contracts but this is fair deal and can go under auspicious aspect of the Live Nation relationship and therefore be a Live Nation contract.  I want this cleared ASAP

 

Clear Channel Communications:  $10 Million will give up some publishing

 

You will insure we get radio airplay.  We will give up some of the publishing rights to the albums done on Warner Music Group.

 

Live Nation: $40 Million for three engagements

 

You handle tour promotions and productions.  We will spend about 1 ½ years on the road over a 4 to 6 year period & 6 months in the Casino working about 3 days a week.  You cover the expenses for personnel in conjunction with the USO and the Military via approval of the Pentagon.

 

Paramount Pictures: $25 Million + more Based on Movies performances.

 

I want three movie roles, each leading a bigger role and the last role will be the making point to a new contract.  We will select our roles and there will be no sex scenes.  We want that crime drama superhero type of stuff.

 

 

Warner Music Group: $25 Million + more Based on album performances and Record label.

 

You get 3 SACD’s over 6 years.  We will record the albums out of our home studio that will be provided by you.  We will be able to sign a few artists to her label.   The music will be self produced.

 

 

Tour Insurance & Contract Negotiations

 

Contact these people Marsh Insurance Brokers.  I want basically all the necessary insurance policies that will be covered by Live Nation.  I addition Live Nation will cover the premium to insure ticket sales, meaning if we sale a certain amount of tickets for a show, which will hopefully be a sellout in almost every case through good marketing practices, we are insuring they will perform the show or do the show on a later date, postpone the show or replace the show with another show at a later date.

 

The insurance policy is based on a breakeven point and an expected profit margin and a net profit gain to be negotiated in advance.  Once we meet a certain agreed ticket sales level we sign the pre-negotiated contract. 

 

Make sure when scheduling the shows you leave some lead way to make up shows, I want actual dates like they do in baseball for rainouts to be able to makeup a missed show do to illness , transportation problems and so on.  When booking the shows remember we are dealing with a human being and not a machine, we have to have down time scheduled in to either rest at the moment in time or if rest is necessary we can perform on a scheduled rest day.

 

I want you to try to setup booking with makeup dates in mind if possible.  In other words say we book on the October 22^nd and we are free on the 23^rd that could be a makeup date; however all shows will be indoors if possible.  I repeat if possible.  In return for this insurance policy paid for by Live Nation with Marsh Insurance Brokers we will give up a small percentage of our share of the agreed arrangements.  Be reasonable we are partners in this!

 

The agreement is this we sell the tickets we get the contract in advance of the end of the tour, so we can plan our future arrangements.  I did not plan on Janet doing MTV, but if that is what she wants so be it, it could become big, but my focus is not on an particular event other than this tour, we can schedule this in it can become big if done right.  Like I said as a springboard I want her to send out agents to represent her to weed out those who are simply not talented, then let her take the spotlight when it starts to get serious at MTV.  Before she actually recruits we get paid for name recognition and promised future appearances.  We can do a Janet review at the end of each show like they do in those Model shows even if she did not do the recruiting at the beginning of the shows events.

 

Here is a reminder of what I am talking about & I want the airplay by Clear Channel Communications to be part of the tour support as of yesterday:

 

Projected Schedule

 

World Tour: 2008 -2009 End by June 2009 to include USO Tour

 

Film first movie summer 2009

 

First SACD Release late 2009

 

Film second movie fall 2010

 

Second SACD Release late 2011

 

Casino Performance:  2011 – 2012 six months

 

Film third movie winter 2012

 

Third SACD Release Early 2013

 

World Tour: 2013 Summer thru fall

 

 

 

 

SACD Recordings are ongoing

 

Radio Airplay Ongoing

 

 

 

Sincerely,

 

Frank Paul Gambino

 

 

 

A few moves that should be made ASAP

A few moves that should be made ASAP

 

To: President Barak Obama

From: Frank Paul Gambino Productions

Date: 3 February 2009

 

The things you want most in life will come your way without much of an effort on your part, but having got them you may feel curiously unsatisfied. That is because you only value the things you have to work for. Set yourself new targets this year.

You may be a touch distrustful today, especially if you are offered something without being asked for much in return, but don’t let your suspicions get out of hand. Good news on the money front is real. No one is trying to cheat you, so don’t cheat yourself.

I feel I deserve a break in life, so nothing that comes my way will be taken in suspicion or distrust and it is about time.  I do not want to get into my personal finances but a certain amount of money is already spent.

 

I am booked into the summer, I have my screenplay to modify and music to be made, there is a sound I am looking for, that I have not reached yet, but I do have the tools to do it, but I need a better understanding of the tools I have, that is why I want Paul Castellano to take over from here.  I think I have everything that I need.

 

Here are some standing orders I think will boast the economy, they are reminders:

 

Californian Marijuana Trade

 

NYC Schools, OTB and Casino Gambling

 

Janet’s Billion Dollar Agreement and the Release of AIDS Cure

 

The Money Laundering Act

 

I think we should start here as unconventional as they the proposals may sound.

Janet Jackson’s Arrangements to be met ASAP

Janet Jackson’s Arrangements to be met ASAP

 

To: President Barak Obama

From: Frank Paul Gambino Productions

Date: 25 January 2009

 

You usually manage to keep your cool, but the moon’s eclipse of Mars on your birthday means you will reach boiling point a lot quicker than anyone expected. That’s good. The only language some people understand is the loud and aggressive kind.

You have run away from a personal problem long enough. The time has come to deal with it, no matter how emotionally painful you think it might be. Chances are it won’t be as traumatic as you had feared and, once you are free of it, you will fly.

Every sentence has to end with an explanation.  We do not do things in the spotlight simply to be seen and do not have time to do the important things,  Janet (Jackson) needs to get a new contract and need dates for her tour and obviously she needs to stay in training while in the market to get paid for her services.  I have no problem with her gaining weight but there is a time for everything and there is a time to stop not paying attention to the surroundings and how you are being manipulated.  Jermaine Dupri used Janet until the point that her career has become almost insignificant and her into a mere showpiece at parties.  See Janet likes to be seen and Jermaine knows it and he exploited her in the most selfish way to line his pockets and but her career in shambles.  And Janet puts her trust in everyone but me and I am a product of the streets with some formal education in business and law, I have a couple degrees, but we created AIDS with a GED at age 17 so what does a degree mean like ask Bill Gates!

 

You President Obama and not personally but your current position the Administration of the White House and you John Gotti intentionally kept me away from my family and created this situation, you are so busy trying to keep me a secret from the world and keeping me out of the scene that my home is in a state of shambles and if I resort to murder I would be wrong and it would be a sad ending to a piece of work that took all of 33 years.  It seems like nobody is looking into my interests.

 

President Obama consider this a six months notice as required, I want Janet on a USO tour that will last 10 days and it will include 4 engagements.  In the USA, outdoors around June of 2009, before crowds of 50,000+ each engagement.  I want the Military to handle logistics, AAFES can round up sponsors to handle and cover talent fees for the artists and dancers and the rest of the entourage.

 

Sumner Redstone Paramount Pictures has to come up with respectful roles for my wife, for this her weight is not an issue, not all role are for centerfolds, but Janet has to get in shape and stay in shape for her own health reasons.

 

Mark Mays & Michael Rapino CEO’s of Clear Channel Communications and Live Nation respectively;  I want my contract negotiated for Janet in the name of Gambino Productions and I expect you John to start being accountable as my agent.

 

Finally I want her to stop fraternizing with Jermaine Dupri, if she must be seen she can date until my business is final, but like the Navy Sailor told his wife to be prior to going to war, you can date but not the same person more than three times, this way I do not have to worry about emotional attachments and be faithful.

 

What I said may not be loud!  But certainly it is clear?

 

Frank Paul Gambino Productions