Netlabels vs GEMA

- free art
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Red Kite
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Post by Red Kite »

Does a GEMA-or-whatever deal actually include that you mustn't upload demo stuff on myspace etc.? Or does this count as private homepage, as long as it's not released on a label or something?

And what's the big deal about just quitting GEMA if you want to release on a netlabel for free? As I understand the posts here, you don't gain much in royalties anyway, and as you still own the copyrights of your tracks, you don't really need the copyright protection too, unless you get really big in business.

Another question: What actually happens when you as an non-GEMA artist release on vinyl? So the label wouldn't have to pay to GEMA and could save a lot of money, right? So where's the catch?

Until now I couldn't come up with any reason why I should join an organisation like GEMA, so I just leave it as it is.

Sorry if I ask silly questions but this topic is so confusing + I'm really bad with this law stuff... :roll:
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Android
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Post by Android »

if track is getting heavy radio and internet radio airplay

those stations should be paying their respective agencies fees for broadcasting, net labels usually have a standard fee of 2,500-3000 fee for the whole year.

those fees are divided up at each agency (ascap, socan, koda) and then passed along to the artist's on their rosters.


the digital age has made a lot of old record industry practices pointless.
fl0w
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Post by fl0w »

can't believe i missed this thread!

GEMA looks very close to the French SACEM. Everything that follow is "AFAIK", i might be wrong.

You can sign individual or band contracts with the SACEM. I don't know the difference.
Once the contract is signed, the SACEM will manage your musical rights. This means that they will collect money EVERY time your song is played. If you play your own song live, you have to pay (and they'll pay you later...). You also can't prevent another SACEM member to use your music (for example, another artist can make a cover of your song, or a politician can use your song in a meeting).

A few years ago, Daft Punk sued France 2 (one of the French public TV channels) because they used one of their tracks without being authorized. They won because they (Daft Punk) weren't members of the SACEM. I think they are now...

The contract is for your entire life, i don't know how you can escape (and even if you can!).
The SACEM hunt every party and every event where a song is performed (such as kids singing a song in front of their parents at the end of year party at school) and make you pay. The money is shared among artists depending of how much they sell, this means that the money collected from your speedcore party will be mostly given to Johnny Halliday or Jean-Jacques Goldman (if you don't know them, well, you're lucky). I have to admit some techno artists get money from the SACEM (like Lunatic Asylum for "The Meltdown").

SACEM, GEMA etc. are linked together. It's a giant international organization that'll track any opportunity to collect money.

So no, the artists who have a contract with SACEM, GEMA... are not free. They can't choose to give their own music. Netlabels should make sure their artists are not under contract. The artists signed the contract, so it's their "fault" (or "choice") if they can't release music for free.

Everyone can make mistakes :-( i hope they'll be able to break their chains.
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Jukka H
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Post by Jukka H »

This is exactly the reason why I have not joined to our Finnish organisation Teosto. I don't know if they really "hunt" their members for participating on netlabel releases, but basically the risk would exist IF you would be a member.

I knew this day would come sooner or later. This is of course bad news for all indie musicians and fans. I think netlabels has been one of coolest things on music scene for years.
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Post by eDogm »

is the solution to quit those GEMA-SACEM-ASCAP stuff ?
Or to join/stay and complain from within ?
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Post by f1re »

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Last edited by f1re on Mon Feb 05, 2007 4:30 pm, edited 1 time in total.
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Post by f1re »

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fl0w
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Post by fl0w »

CC v3.0 are out.

http://creativecommons.org/weblog/entry/7249

Harmonizing the treatment of moral rights & collecting society royalties

In Version 3.0, we are ensuring that all CC jurisdiction licenses and the CC unported license have consistent, express treatment of the issues of moral rights and collecting society royalties (subject to national differences). For more information about these changes, see this explanation http://wiki.creativecommons.org/Version ... ral_Rights of the moral rights harmonization and this explanation http://wiki.creativecommons.org/Version ... _Societies of the collecting society harmonization.
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