Saturday, May 16. 2009On SOCAN (or, the possible end of i(heart)music)Trackbacks
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To say this is shitty is an understatement... I'm sure things will work out.
I'll try to chip in a few bucks at the end of this month.
Did SOCAN just let you ring up costs and left you totally unprepared with a large bill? I know it's the law and all but wouldn't it have helped things if you knew about this beforehand....
They haven't told me the exact bill total yet...they just said $35 or 3% of the door from every show, whichever is greater. I'll be finding out more details when I go in for a meeting on Thursday.
Without your blog I wouldn't know anything about bands like Plants & Animals, Woodpigeon, Ketch Harbour Wolves or a dozen others who I now love.
I can't afford to give much, but I hope my small donation can be of some help.
hey matthew, yeah this clearly sucks!
If you do a benefit show, be sure that we will offer our help for as little as a place where to sleep for 5 and a meal... for example we will be in gatineau on june 24th, and it's like 10 mins away... so the day before or the day after, we could come and try to bring people to a show you'd organise to raise money! let us know LOVE and courage dude. Youri / Bonjour Brumaire
man, so sorry to hear about this. The way I understood it is that the venue (if a bar) almost always pays so can fees for being able to play radio/cds in the place and that covers it. I guess live performance is something different. The amount of stuff i don't know is ever growing.
Best of luck (and a bit to help out) is on its way to you
Unfortunately, live music and the prerecorded music count as two separate performances...meaning SOCAN gets two separate royalty payments!
This is awful news. I wasn't aware that promoters had to pay SOCAN fees above the fees paid by the venues the promoter works with. Really? Wow. I'll spread the word. Hang in there.
Check some of these comments/insights about SOCAN out... perhaps you don't have do do squat, as they don't seem to be passing it on to us as musicians. Interesting, for what we assign over to them...
~Myke http://www.facebook.com/group.php?gid=86858962501&ref=ts
I get the sense that if you're, say, Nickelback or Sum 41, then SOCAN is awesome, since they collect all the royalties you get from being played on radio all the time (and there must be a Nickelback cover band by now, so that's double the money)...but if you're just a small, independent artist, to an outside observer like myself it doesn't seem as though the Society does nearly as much...
I totally sympathise! Nobody likes getting dinged for something they didn't realize they had to pay for.
I wonder if you can appeal on the basis that a) you didn't know or were misinformed, b) most of the songs performed were written solely by the performing acts involved, and c) you'll comply for all future shows? Here's some light on SOCAN and it's fees: http://www.jesserivest.com/~blog/2009/05/socan-misunderstood-again.html
In reverse order:
c - Absolutely! b - Honestly, I'd be shocked if more than one or two songs performed at all the shows I've ever done were covers. I understand the point you made in your post about songwriters (and I'm going to respond on your blog), but in my case, I just don't work with bands who play other people's songs. a - Unfortunately, as I said, ignorance of a law doesn't negate the law's force. It'd be nice, but plausible deniability, unfortunately, only goes so far. Thanks for the suggestions, though!
Hi Matthew, well I'd still like to see some leniency for your case, if possible.
I've posted a follow-up comment for you on my blog: http://www.jesserivest.com/~blog/2009/05/socan-misunderstood-again.html
This seems utterly unfair, in fact downright criminal on their part ironically. It's certainly not out of character for SOCAN, though.
If I were you I'd seek the advice of a lawyer, though; in the past SOCAN has shown a fair bit of ignorance of the law themselves, for example sending legal threats to someone who was using a parody of their logo. Of course, parody is entirely protected under the law and isn't infringement at all, but SOCAN believes otherwise. So you might not nearly be in as much trouble as you think you are. (The incident I'm referencing is mentioned here: http://www.p2pnet.net/story/12983, and on that note the excellent journalist Michael Geist has reported on a lot of SOCAN's selfish attitude towards the law and copyright in the past, much of which can be found over on michaelgeist.ca).
I never knew that SOCAN wanted to be like a RIAA of the North, so I'm definitely having my eyes opened lately. I've actually had some legal advice given to me (not officially, but from people who read/heard about this and wanted to help), and there are definitely some arguments that I may be able to make to lessen the amount I owe. My bill is definitely going to be sizeable, but it may be a bit more manageable (thanks largely to people's donations) than it seemed at first.
Actually, parody is not protected by Canadian copyright law. This is one of those things we get mixed up on due to US culture seepage.
I bring this up only so no-one will rely on it in the future. |
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