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Encyclopedia > Performance rights organization

A performance rights organisation exists to collect and distribute royalties on behalf of audio and video artists, for performances of their copyrighted works under copyright law. In some countries it is called a copyright collective or copyright collecting agency. A copyright collective is more generic than a PRO as it is not limited to performance material. Artist is a subjective term which describes a person creative in, innovative in, or adept at, their endeavors. ... For copyright issues in relation to Wikipedia itself, see Wikipedia:Copyrights. ... A copyright collective (also known as a copyright collecting agency or collecting society) is a body created by private agreements or by copyright law that collects royalty payments from various individuals and groups for copyright holders. ...

Contents


Functions

A PRO works by first signing up artists to become members, and then bargaining with the users of the artists' copyrights (directly or through the users' representatives) the royalty rate to be paid for such use. Without a PRO, it would be necessary for each artist to contract with each user individually, which is practically impossible.


PROs often take disputed cases to court, or in the U.S. to the Copyright Arbitration Royalty Panel, or CARP, of the Library of Congress. A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Library of Congress, Jefferson building The Library of Congress is the unofficial national library of the United States. ...


Criticisms

In the U.S. and many other countries around the world, PROs are often criticised for using heavy-handed tactics to "extort" money from stores which play music. These tactics include sending lawyers to demand payment and even having federal marshals raid stores in order to take money from the registers. For information on the type of fish called Lawyer, see the article on Burbot. ... The United States Marshals Service, part of the United States Department of Justice, is the United States oldest federal law enforcement agency. ... A cash register or till (British English) is a mechanical or electronic device for calculating and recording sales transactions, and an attached cash drawer for storing currency. ...


PROs have also been accused of being "cartels". ASCAP is, in fact, operating under a 1950 antitrust consent decree with the U.S. Department of Justice which regulates what tactics it may use. (This agreement was amended in 1960 and 2000.) A cartel is a group of producers whose goal it is to fix prices, to limit supply and to limit competition. ... The American Society of Composers, Authors, and Publishers (ASCAP) is an organization known as a collecting society that protects intellectual property, ensuring that music which is broadcast, commercially recorded, or otherwise used for profit, pays a fee to compensate the creators of that music. ... 1950 was a common year starting on Sunday (link will take you to calendar). ... Antitrust or competition laws, legislate against trade practices that undermine competitiveness or are considered to be unfair. ... DECREE - The judgment or sentence of a court of equity which corresponds to the judgment of a court of law. ... The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ... 1960 was a leap year starting on Friday (link will take you to calendar). ... This article is about the year 2000. ...


They have also been criticised for charging non-profit organisations for their use of copyrighted music in situations where the non-profit organization was not earning money from the use. ASCAP, for example, was eventually forced to abandon its attempts to charge the Girl Scouts of America for singing campfire songs in the face of public opinion. ASCAP's and SESAC's policy of charging non-commercial educational (NCE) radio stations for playing copyrighted music has also been criticised, especially by college radio stations across the U.S., which rely entirely on student and listener support for funding and have difficulty affording the extra fees. A non-profit organization (often called non-profit org or simply non-profit or not-for-profit) can be seen as an organization that doesnt have a goal to make a profit. ... The Girl Scouts of the United States of America is a youth organization for girls in the United States based on the Scouting principles developed by Robert Baden-Powell. ... This article needs to be wikified. ... The term non-commercial educational (NCE) applies to a radio station that does not accept or air advertisements, as defined in the U.S. by the FCC. NCE stations do not pay licensing fees for their non-profit use of the radio spectrum. ... A radio station is a sound broadcasting service. ... College radio (also known as university radio or campus radio) is a type of radio station that is run by the students of a college or university. ...


At times, PROs have also been criticised by artists for slow or non-existent payments, or excessive amounts being taken out and kept by the PRO as membership dues or service fees. However on the other hand, the creators of music can hardly enforce and protect their rights without PROs.


Organisations

International

North America

United States

The American Society of Composers, Authors, and Publishers (ASCAP) is an organization known as a collecting society that protects intellectual property, ensuring that music which is broadcast, commercially recorded, or otherwise used for profit, pays a fee to compensate the creators of that music. ... Broadcast Music Incorporated (BMI) is a collecting society that protects composers intellectual property in the communications business, especially radio. ... This article needs to be wikified. ...

Canada

The Society of Composers, Authors, and Music Publishers of Canada or SOCAN is the only nationwide performance rights organisation in Canada. ... During the 1960s, a terrorist group known as the Front de libération du Québec (FLQ) launched a decade of bombings, robberies and attacks on government offices. ...

Europe

The PRS (short for Performing Right Society) is the collecting society for UK songwriters, composers and music publishers. ... ...

Australasia


  Results from FactBites:
 
performance: Definition, Synonyms and Much More from Answers.com (1005 words)
Specific performance is an equitable doctrine that compels a party to execute the agreement according to its terms where monetary damages would be inadequate compensation for the breach of an agreement, as in the case of a sale of land.
A performance, in performing arts, generally comprises an event in which one group of people (the performer or performers) behave in a particular way for another group of people (the audience).
A music performance (a concert or a recital) may take place indoors in a concert hall or outdoors in a field, and may require the audience to remain very quiet, or encourage them to sing and dance along with the music.
  More results at FactBites »


 

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