Jay,
 
I would hesitate to compare the issues of this topic to the payola  
controversy and/or to copyright law and the rights of performance artists or  
recordings being sold at retail outlets.
 
For one thing - performances, recordings and songwriting fall into  different 
categories, all unrelated to other works of art. For songwriters for  
instance...'words and music' , or just the lyrics or the music alone are  protected 
under copyright law (with such being properly registered and copies  deposited 
with the Library of Congress).
 
For the recordings of the songs, 'royalities' are collected by  performance 
rights' organizations on behalf of songwriters. The major  organizations are 
(acronyms) BMI, ASCAP and SESAC. You will find these names or  that of a smaller 
organization, listed on every musical recording and sheet  music too. This is 
a separate organization than that of the recording  company.
 
Fees to the musicians, performers and songwriters fall under different laws  
and venues for collecting fees and royalties. Just the same as the copyright  
laws that are in place for artwork and visual media - comparing performance,  
recording artists and songwriter's, etc., to the artists and artwork are like  
comparing apples and oranges.
 
Pam
 
In a message dated 9/28/2005 11:55:36 A.M. Eastern Daylight Time,  
[log in to unmask] writes:

Dear Allen  et al., 
For a  parallel/related discussion, see the following article 
(_http://www.wired.com/news/politics/0,1283,60906,00.html_ 
(http://www.wired.com/news/politics/0,1283,60906,00.html) )  about legalities surrounding royalties for radio 
and webcast music.  Of  note is the following line: “Traditional radio  
broadcasts haven't been subject to royalties to recording companies and  performers 
because they have served to promote sales of  recordings.” 
Thankfully, Timothy’s  explanation of Canada’s copyright laws concerning  
Canadian artists is clear and logical.  During my proto-professional year  in 
Canada, I never heard of a venue  paying a fee directly to an artist to exhibit 
their  artwork. 
This notion that paying  an artist a fee to exhibit strikes me as blurring 
ethics.  (Ethical  blurring different from being paid to exhibit specific 
artworks . . . but  ethical blurring nonetheless.)  For this, and other reasons, art 
venues  don’t jump at the opportunity if/when artist(s) approach them asking 
to be  exhibited.  Rather, venues develop their projects independently OR, if  
they can afford the rental fee(s), might sign a contract to participate in an 
 exhibition organized by a different venue or an independent scholar.   
Decisions affecting exhibition ought to be based on merit, as neutral as  possible –
 with reasonable understanding that numerous forces and variables  affect 
such decisions . . . marketing/popularity (demographics and  cross-comparison 
with other vnues), donors/sponsors (what will they fund?),  publication 
possibilities (what can be added to the literature?), potential  educational 
programming (living artist, knowledgeable speakers, etc.), and  more. 
Allen, I  understand what you are saying.  Artists need money.  But there are 
 specific systems – commercial galleries -- set up for artists to earn  
money.  Just as musical recordings are sold at HMV, Barnes & Noble,  Border’s, 
Mediaplay, etc. for musicians to earn royalties BUT radio stations  don’t have to 
pay royalties.  [Quite  the opposite of radios paying royalties, there was a 
major scandal 40+ years  ago in the USA of graft in the radio industry  of 
recording companies bribing radio stations to play certain music and ignore  other 
music.] 
Best  wishes, sincerely, 
 
Jay  Heuman
Curator of  Education
Salt Lake  Art Center
20 South West Temple
Salt Lake City, UT   84101






Pamela Silvestri, Museum Assistant
Northeast States Civilian  Conservation Corps Museum
Shenipsit State Forest
166 Chestnut Hill  Road
Stafford Springs, Connecticut 06076
(860)  684-3430

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