[Dixielandjazz] SING - SING - SING

J. D. Bryce brycejo at comcast.net
Tue Dec 20 13:19:25 PST 2005

Here is the answer from my son, who works for the RIAA tracking royaltiesa
for performing artists.

He (Prima or his estate) is entitled to royalties when someone else records,
sells, and performs his compositions in all types of use, irrespective of
media. However, as the licenses for the use of compositions are statutory
(compulsory), and the scale of use for all compositions in all instances in
all types of use is so large, that there is no effective of way of tracking
and evaluating each individual use.  Royalty distributions by the
administrators (ASCAP, BMI, SESAC) are based on algorithms, though there is
a compulsory rate of 7-point-something cents per reproductions, etc. (less
than a penny each).  The royalties accrued from those fees are divided
equally between the composer, and the publisher of the composition, after
the administrator deducts their admin rate (SESAC is for-profit, so they
work a little differently).

There are two separate rights: composition and sound recording.  The sound
recording is based on the composition, but it represents a different right.
If Louis Prima recorded a song, his estate can receive royalties when that
recording is performed on certain types of music services (terrestrial radio
is excluded).  If Louis Prima recorded a song that he wrote, he or his
estate entitled the royalties from the performance of the sound recording,
and also the use of the composition in all instances, not just digital

So I guess the answer would be that if somebody recorded one of Prima's
songs, his estate would be entitled to a royalty.  It some re-released one
of Prima's recordings, his estate would also be entitled to a royalty.

J.D. Bryce

----- Original Message ----- 
From: "Phil O'Rourke" <philor at webone.com.au>
To: "DJML" <dixielandjazz at ml.islandnet.com>
Sent: Tuesday, December 20, 2005 12:13 AM
Subject: Re: [Dixielandjazz] SING - SING - SING

> Will any royalties be going to Louis Prrima's estate??
> Phil O'Rourke
> Australia
> > Here is my updated tour itinerary with Ken Peplowski's Kingdom of Swing
> big
> > band, a tribute to Benny Gooodman's 1938 Carnegie Hall concert. Hope to
> see
> > you at one or more of the performances! The tour is called,"SING! SING!
> > SING!"
> _______________________________________________
> Dixielandjazz mailing list
> Dixielandjazz at ml.islandnet.com
> http://ml.islandnet.com/mailman/listinfo/dixielandjazz

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