Chapter 120: The Pit Daddy's Music Writing Association (2 and 1)

There are more than 6 million dollars for 800,000 US dollars converted into RMB, and Ye Jinglan still has to hand it over to her mother, but Zhang Xia confiscated it this time and let her take care of it herself, but to be honest, she didn't think about how to spend it.

Because the origin of this wealth is really hard to say, even if it is for her family, but she is unwilling to let this money go.

"Mom, I can make money writing songs now, waiting for you to show my contract to grandma, let her know that I can also make money, so that we can also make money. Then I plan to go to the capital next year to buy two more houses, both near the school I want to take the exam, a store, a residence, and we will either use it ourselves or rent it out. ”

"I don't think you want to live on campus! It's not that I'm talking about you, you have to make more friends. Zhang Xia saw through her daughter's intentions at a glance, she didn't want to make friends so she didn't want to live in school, which she didn't advocate.

"Mom, you think too much, I just need to create, I just need personal space, in fact, I have a lot of friends, you see how good I am with Feng Shuang!" Ye Jinglan opened her eyes wide and opened her mouth.

On Sunday, although Ye Jinglan didn't have to learn guitar, she didn't let herself be idle, and said that she would study a new song with Xia Bai, and this time she didn't go to the recording studio again, but stayed at his home, because she really couldn't stand that Tang monk-like Mr. Jason.

Ye Jinglan has decided to continue to use the piano as the main melody for the song to be used next month, so she brought the lyrics and music to show Xia Bai in person, as for the rest of the matter, it can only be handed over to him.

"Great, have you decided on a singer?" Xia Bai applauded his affection and thought about how to perfect the arrangement.

"I think it's very suitable for Mr. Huang's subordinate Li Keqin to sing, but I think it's still up to him, I'm just giving him an opinion. The teacher will see when it will be made, and then call Mr. Huang to sign the contract. Ye Jinglan actually wants to give this song to the original singer, but the original singer has not yet debuted, but if the discount will be, she will return the Chinese version of this song to him.

"By the way, have you considered joining the Music Association, after all, you will have more and more works in the future, and it is convenient to join the organization to defend your rights." Xia Bai himself was the first batch of members of the city, and he thought it was very good, so he also specially wanted to recommend it to Ye Jinglan, a little girl.

"Music Association?" Ye Jinglan was stunned for a moment, and then thought of the pit father, two words.

"Yes, you may not know much about the Music Association, let me tell you, the Music Association is the Music Copyright Association, which specializes in safeguarding the legitimate rights and interests of composers, lyricists and other music copyright holders."

"If you join, they'll act as your copyright agent for you, and then they will release the royalties to you." Xia Bai thought that Ye Jinglan didn't understand the music association, so he explained simply.

As for Ye Jinglan, she didn't know much about it, but later, after reading a few infringement cases, she knew it very well.

In fact, the first infringement case occurred between the original and the cover singer, and the original said, I didn't license the song to you for commercial performances at all!

The cover singer said that the organizer paid money to the music association! The music association said that I can sing, I can sing!

Then the original said that we didn't grant this right to the music association at all, why did they say that, and where did the money they collect? But no one gave me this original!

The second case happened between two big-name singers, because if you join the music association, then the copyright owner cannot exclusively license the song, only the music association.

After the death of a creator, the children inherited the property rights of their father's works and entrusted their father's works to the Music Writers Association to continue to manage them.

Then his son licensed a song that his father had not released to one of the big brands at a high price, and the big A brand happily recorded it on his album.

But at this time, Big A actually knew that this song had been recorded on the album by another Big B brand, and Big A was angry and declared that he would "use the law to recover the copyright".

At this time, the copyright owner also spoke out, and the copyright itself has not been sold to others, but later the music association said, you are a member here, we have the right to sell it.

Because there is such a clause in the membership rules, when a member joins the Music Writers Association, he has given up the right to license and prohibit copyright, and only retains moral rights such as authorship and the right to receive remuneration.

The most important point is that the licensing price of the works managed by the Music Writers Association cannot be marketized, in their place, the copyright fee is not priced according to the popularity of the song, but there is a set of automatic formulas, that is, no matter how popular and cold the song is, it is the same price, which is equivalent to eating a big pot of rice.

"I don't participate, I have already negotiated with Mr. Huang, and their company will help me act as an agent for my copyright." Ye Jinglan directly rejected Xia Bai's proposal.

Then he kindly suggested: "I think the original intention of the Music Writers Association is to protect the rights and interests of musicians, collect copyright fees, and then distribute songwriters, their original intentions are good, but in fact they are far from the original intention, so I suggest that Mr. Xia should withdraw from the association as soon as possible, otherwise the lawsuit will have to be fought in the future." ”

"Do you want to see more?" Xia Bai felt that the music association was a good place, and for him, he didn't have to worry about those trivial things, just concentrate on making music.

She couldn't tell it, she had read such a message on the Internet before, an old creator, some of the songs are still very popular, and he receives very little money from the music association every year, he said this.

After that, there were many people who used his tunes, but only three movies took the initiative to find him to give copyright fees, and he also said that foreign friends came to his house before, and they were surprised to see that his house was less than 70 square meters, saying that if he had become a billionaire abroad.

It is conceivable what a terrible thing this is, but many people do not say that they will not join if they can, after all, this is a national institution, unless you have a backer, otherwise you will be blocked, it is a matter of minutes.

And Ye Jinglan wisely chose Huang Zhansen's company as an agent, because in this kind of situation of a big bully, he can only let this guest know that the master is not so easy to bully.

Otherwise, if you don't join, even if you are not blocked, you will not be protected by the "law", if you are abroad, the infringement case will not let you pay for the bankruptcy, that is a vow, but the situation in China is.

Originally, the original author sued to apologize to the other party, compensate 200,000 yuan, and could not continue to use the song without permission.

However, the court's judgment was to compensate 140,000 yuan, but the singer did not implement it, and after appealing, the 140,000 yuan became 12,000 yuan, and soon after, he sang this song that made him popular all over the country in the commercial performance without consent.

In later generations, some people pointed out how flawed the music association and copyright law were.

Because it is legal for a singer to pay 200 yuan to the Music Copyright Society for a cover, not according to international practice, the author must be given a share for every record sold or every commercial performance of a cover song, that is, the author can enjoy royalties from it.

A music producer said his own experience, he first joined the "Music Writers Association" to protect his rights, but now it seems that others can legally cover his songs in any number of times and places for 200 yuan, and the relevant income he got last year was only a few dozen yuan.

The funniest thing is that Ye Jinglan has seen a singer sing her own songs and was sued for infringement by the Music Writers' Association.

At that time, the person in charge of the Music Writers Association said that the relevant evidence showed that the solo singer had at least 5 songs infringed, and the organizer was sued for infringement of a song and the compensation amount was 10,000 yuan, just to let them learn a lesson and enhance their awareness of copyright.

Before the singer sang solo, the Music Writers Association sent someone to contact the organizer in advance, but the negotiation between the two sides was unsuccessful at that time.

More than four months after the end of the performance, the organizer and the organizer still have not paid the copyright royalties. In order to defend the music copyright, the Music Writers Association eventually took it to court. Moreover, according to the provisions of the Copyright Law, a singer needs to pay copyright fees to the songwriter when she sings, even if she sings a song written by herself, she must pay money, otherwise it is a violation of the Copyright Law.

Oh, my God! You have to pay them to sing the songs you write, otherwise it's illegal?

At that time, many people questioned "why is the copyright fee of Taiwanese singers collected by the Mainland Music Writers Association?" ”

The person in charge of the Music Writers Association said: "The Taiwan Music Copyright Society has reached a trust relationship with the Mainland Music Writers Association to recover music royalties, and the Taiwan Music Writers Association can collect fees in Taiwan on behalf of the Mainland Music Writers Association, and the Mainland Music Writers Association can also collect music copyright fees in the mainland on behalf of the Taiwan Music Writers Association." ”

See, even if you sing your own song, you still have to pay the songwriter the copyright fee for holding a concert! That is, pay for yourself and collect the money yourself?

But is the money really coming back? Ye Jinglan herself didn't know, but what she knew was that the Music Writers Association was really a powerful organization, and the information on the fees and the distribution of fees were extremely unclear.

Earlier, there were media news reports that the royalty income of karaoke alone is at least 10 million a year! It is understood that other fees charged by the Music Writers Association also include fees for cover of concert tracks, song copyright filing fees, audio and video products and other related copyright fees, variety show cover copyright fees, daily member maintenance, etc., and even funeral and mourning fees.

Although the constitution of the Music Writers Association has always been listed in great detail on the official website, and the association even has a special newsletter for members, there are always few people who can explain how the White Music Writers Association charges and settles when it comes to singers and creators themselves, how to charge users, and the copyright settlement standards of songwriters.

The Music Writers Association gives songwriters a report every year, but according to an insider, this report often only has a large number of how many royalties are received in a year, and does not specify it.

For example, the information about when, where, and by whom the song was sung or used is not transparent, and it is precisely because of the opacity that most musicians feel that they are receiving less royalties.

Then this is the original words of some creators, "Over the years, everyone has taken a few royalties, dozens of dollars, hundreds of dollars, and dozens of dollars are considered ordinary standards." ”

"We've never received any money from the Writers' Association (even if someone else has covered our songs), and neither have the musicians around me. Where the money they received went, no one knows. ”

As a non-profit organization, the Music Writers Association is even more foggy in the collection of management fees, how much money is charged and how to collect it, there seems to be a charter in the Music Writers Association, but what this charter looks like, it is like an unborn martial arts cheats, no one can say clearly.

Some people also told reporters that they have the final say on the charging standards for the management fees of the Music and Writers Association, and they also set the rules of the game.

"Sometimes, not only can the music writers association not help defend their rights, but they will also become accomplices in turn." The music critic talked about the infringement lawsuit of Faye Wong's cover of Li Jian's "Legend" that year, "In the end, although Li Jian partially won the lawsuit, the compensation obtained was only 2,250 yuan, and the claim on the complaint was 3.5 million." ”

The court held that 2,250 yuan was only the copyright royalty of the lyrics of "Legend", excluding the song. Because the court found that the composer Li Jian had joined the Music Writers Association, and Faye Wong sang "Legend" in concert and paid the music to the Music Writers Association, so that the music could be performed.

At that time, the plaintiff, Sun Yongzhi, the person in charge of Lao Sun Culture, regretted this: "It was calculated according to the minimum fee standard of the Music Writers Association for a concert, which obviously ignored that this was Faye Wong's concert, and the song was "Legend", and it was used in infringement." ”

However, the explanation of the Music Writers Association is that it is not that we give less, but that we receive less, and the Music Writers Association said, "There are only four or five people who are responsible for collecting the license fees of stores in Hong Kong and Taiwan, but the work is carried out very smoothly. ”

?“ For example, there are only more than 10,000 businesses in the mainland that are legally playing public music, which is only a drop in the bucket compared to the total number of our businesses. ”

The low cost of violating the law is also one of the key factors that lead to the infringer's fearlessness and the difficulty of charging fees for music and authorship associations. "It's very good that the infringement compensation for one of our songs can reach three or five thousand, and the low one is two or three hundred, how can such illegal business costs play a deterrent role?"

In a well-known foreign music copyright infringement case, the District Court of Minnesota ordered a single mother who was an infringer to pay $1.92 million in damages to the record company, with an average compensation of $80,000 per song.

The official explanation is that they put the reason on the law, but even if it is a loophole in the law, what does it have to do with the problem of lack of transparency and chaotic management?

"Well, thank you, Mr. Xia, but I won't participate." Ye Jinglan is not someone who has to change other people's minds, she doesn't accept that this is her own business, so she didn't argue with Xia Bai anymore.

Xia Bai was also kind, hoping that Ye Jinglan could join that group, and he even wanted to introduce a few members to her, but he didn't expect her to refuse so decisively.

However, after hearing Ye Jinglan's decision, Huang Zhansen gave her a thumbs up gesture, saying that she had vision.

Huang Zhansen said bluntly: "There is a big gap between your royalty income here and abroad, and it is a luxury to live on royalties, I told him that he still doesn't believe it, or you have a vision, rest assured, it is not necessarily small, but I will help you grasp the general direction, and I will definitely not let you suffer, as for him, let him lose the watermelon and pick up the sesame seeds!" ”

"Then thank you Mr. Huang, by the way, go back and help me bring you things for Feng Shuang this time." Ye Jinglan was afraid that Xia Bai would be embarrassed, so she directly diverted the topic, and at the same time handed a small boarding box to Huang Zhansen.

It contained the clothes and shoes prepared for her, as well as some food she made with her mother and grandmother, as well as the gifts that her little brother Zhang Hongyuan asked her to secretly put in, but she didn't look at it so she didn't know what it was. (To be continued.) )