From http://punto-informatico.it/b.aspx?i=2637979 # posts et seq.
Rome - cheer the stay of the patrons of a business, the flowing rhythm of the music customers with ad hoc, expectations and waiting rooms fill with music: the business can not simply set up the system and dissemination of music. They need to compensate artists and rights holders. In the past the only way beat was to pass through the brokerage firm, SIAE and SCF, which collect what is due to the holders of rights and ensure the redistribution of royalties. But the alternatives are getting off.
Shopping and parishes , large libraries to escape the payment of compensation to holders of copyright and related rights can cost complaints. You so that SIAE and SCF propose ad hoc licenses: operators turn to collecting societies to secure the right to fill the spaces music, collecting societies They get the fees and take care of redistribution.
But not all copyright holders make use of the work to mediate the collecting society and not all operators may wish to take advantage of the licenses proposed by SIAE and SCF and music their Associated . In recent years we have tried the ice cream Roman Fiordiluna: the idea was to broadcast only music released under free licenses, to pay and then directly to the holders of the rights stipulated for the commercial exploitation of works. Failure to qualify for SIAE recorded songs from artists, whose mandate includes the management of author's rights in its entirety, thus excluding the possibility of issuing works with free licenses, would not put away the ice from inspections of the company's rights management . For this reason it was necessary a process of negotiation with SIAE, led by Ermanno Pandoli of desk Liberius : given the minimum amount of digits set in motion by the diffusion of ambient music in ice cream, said to Pandoli Computer Point , was obtained in July 2006 that the Office of Multimedia SIAE issue a document to brandish in front of the SIAE inspectors to prove that the ice would not have had to pay anything to the collecting societies, as the background music, released under copyleft licenses, does not belong to the repertoire operated by the management rights. "The SIAE - Pandoli explains it - he said that nothing precludes the enforcement of non-protected music from its repertoire, provided that in the archives there are no writers or artists associated with SIAE protected by collective rights management societies sisters, according relations of reciprocity. "
More and more, however, alternatives: for example there FiloZero , a service that provides free music, provides visibility to artists and savings for operators; Jamendo , cauldron music released under CC, offers a sound system of local brokerage companies dropped from the logic of rights management.
In the same context by Beatpick , netlabel founded in 2006 that works with artists releasing music under Creative Commons licenses, which specializes in the management of music for multimedia projects, commercial or non-commercial are more than 300 exercises innervated by the music of Italian artists Beatpick , 200 retail outlets in Sweden.
These operations, promising those who orchestrate, ensuring more money to artists , rewarded without the mediation of the rights management company, and at the same time allow the operators of spend less for services already tailored . Beatpick, told Point Computer CEO David D'Atri , provides exhibitors with a saving of about 50 percent compared to traditional mechanisms. D'Atri cites the example of a chain of 128 supermarkets SIAE contacting the company would pay an annual fee equal to 350 thousand euro, Beatpick offers a similar service for 150 thousand euro. The partitions? SIAE distributes royalties not on the basis of the music actually being played, but on the basis of statistical criteria that do not always know how to reward the artists actually transmitted. Instead Beatpick that provides operators and hardware and library derived from the sale of the service a margin of 25-30 percent, distributed proportionately to artists 30 percent of collections, with the aim to split exactly in half soon. "The costs - said D'Atri - are substantial, at least in the beginning, especially for the hardware for the expensive commercial work, which includes the business door to door, made of long talks with the CEOs of the big chains .
"Music is not enough" says a point Infomatico CEO Beatpick. Among the services you need to ensure operators as well as hardware and music, in addition to the library and customizations, there is also the ' legal assistance . "The AD will not move because they often lack confidence and do not understand: to save everybody likes, but to receive the visits of inspectors scared and creates complications, although everything is perfectly in order." In this regard, to reassure customers and to ensure that everything runs smoothly, working with the law firm Beatpick DDA, which supports the entire network of relations and relations between the operators and institutions. It is the lawyer Deborah De Angelis to tell Point Computer that the actions were necessary "to bring about 60 percent of the stores that use the service (by email, fax, letter and phone). "
The work of unwinds legal through all the phases of the service : First, says the CEO of the net label, you must inform SIAE that the operator will begin to pay Beatpick, instead of collecting societies, and providing the same mo 'reassurance of the song list, which showed no are included in her repertoire. Often, also explains De Angelis, you need to negotiate the cancellation of the license agreements with SIAE and SCF on behalf of retail outlets wishing to leave earlier for receiving subscriptions Beatpick. "Often - says De Angelis - there are issues related to the contractual maturity, due to residual quantum and the relationship between the broadcast service provider, content provider, the user and the SIAE. Happens next, said D'Atri, the manager of the year call Beatpick alarmed: Inspectors territorial rights of collecting societies still turn to exercise checks and inspections . In this case you will need to intervene in time challenging and complex layers of bureaucracy bombastic powers "need to take action against the territorial offices, which are also physically inspect - explains De Angelis - Over the last year we had to take action against individual regional offices several times in order to help the speed and quickness in communication between the headquarters and regional office.
"There are procedures for interaction with SIAE that are slender and straight - has confirmed to Pandoli Point Computer - but is a continuous membership and verify whether or not the authors of the directory to the directory Beatpick protected by SIAE. "Everything is conducted in full compliance with the law but, perhaps for the break from the patterns represented by these types of service, the adventures abound. The fact that SIAE holds a monopoly on the collection of the proceeds to be distributed to authors and the fact that the SIAE mandate, except for some exceptions, be inclusive, has meant that many authors adhere to this type of mechanism, thereby fueling the feeling that all music is part of the repertoire SIAE. But the picture is changing: more and more artists who choose to release their works with licenses that allow them not to reserve all rights. And it is no longer just young artists who are content to live their passions, "there are professionals that field with the music under free licenses - the CEO ensures Beatpick - half the authors who rely on Beatpick can count on revenue of up to € 25 thousand a year. "Beatpick not live alone but of other activities that revolve around their music, explains D'Atri, firmly convinced that the flexibility of free licenses to facilitate the flourishing of activities that earn the money to the artist.
But those who provide their works with free licenses can not rely SIAE protection: it is here that the traditional mechanism jams. Different The situation is such in the U.S.: ASCAP, the local collecting society, does not maintain a relationship with the authors of exclusive mandate. "It allows the author - the lawyer said De Angelis - to fire independently, in competition with the same ASCAP, and negotiate the granting of rights". That is why in the nursery Beatpick 80 percent of the artists has been collecting the U.S. company: the mandate is compatible with the free licenses, the rights holder can choose from time to time if ASCAP charge of collecting royalties or provide with other solutions, "in this case - explains De Angelis - for clarity and fluidity in international relations between collecting societies and the author should communicate with ASCAP that a copy of the work was dismissed by the author to self ' user through the system of CC licenses. "
SIAE does not provide for this type of flexibility, "Beatpick - D'Atri explains to Point Computer - will be in competition with SIAE , and the artist chooses to stay with whoever is best. " But it can not make this choice work by work, used to use. This is a limitation that, in the opinion of the CEO Beatpick, negatively affect the market weakens the innovative drive a race more free and available in many more areas would give the dynamics of a changing market.
by Gaia BottÃ
