What Should Your Royalty Collection Agency Do For You?

Thursday July 2, 2009

On Twitter this morning, somewhere between reading tweets from people upset about the new Drake video, I had an interesting conversation about PRS (the UK's Performance Rights Society) - thanks @artistshouse, @marjae and @mariusvandyk. (Side note: We're going to talk about Drake this weekend, including discussing a few reality checks about his rise to fame. However, come on, the video is hilarious. I don't think he could have done better. And yes, Drake. I know, it might surprise you to hear me talk about him, but even cynical old me loves his song. I admit it. Sue me. )

Ahem, but anyway, back to our discussion. The discussion was sparked in part by an article that suggested that PRS scams people. Now, I don't think that the PRS scams people. I think royalty collection agencies in general have an extremely difficult job and that they're destined to be a lightening rod for criticism no matter what they do. BUT...and this is a big but....I've sat through enough PRS seminars to know that their members have concerns, especially about the way tracking is handled. I also know that the PRS has invested time into doing things like going after mechanics whose radios could be heard in their repair shop waiting rooms, a charity group for singing Christmas carols and a woman for playing the radio in her stable for her horses. I must say, in the seminars I attended, I never once heard a PRS member stand up and say, "Yes, but what are you doing to collect royalties from the stable owners?".

In fact, I think you'd be hard pressed to find a musician who wants a company that represents them to harass a children's charity to pay up for singing a song or to make sure horses don't get to listen to their music for free. Often, royalty collection groups can actually stand between a musician and how their songs are used. For instance, a musician may want their video on YouTube for free, but in the UK, PRS has required that all of their members' videos be taken down. It's not fair to blame PRS entirely for this situation, but they are one of the groups determining the right and fair way for this music to be used - and noticeably absent from this decision making group is the musicians. PRS and the labels might represent them technically, but it's not difficult to think of circumstances where the musicians and their reps are at cross purposes. Everyone accepts that record labels can have an exploitative relationship with musicians and that sometimes record labels take too many rights away from musicians. What gets overlooked in many discussions is the way that the bureaucracy at royalty collection groups can do the same thing. Frankly, they can be even more destructive.

A few caveats, and then a question. First, I don't mean to pick solely on PRS. This issue is international and you can find examples of kooky licensing demands all over the place. Second, I don't mean to suggest that these groups don't have a very difficult job. They do. But they certainly don't help themselves. I have approached BMI, ASCAP and PRS for interviews in the past and never even received a response from any of them. They need to be more accessible to their members. They need to be more transparent, as they work for their members. They need to focus on the issues that concern their members and back away from the agendas that they set themselves. But that's what I think. What do you think? As a label, musician or music licensee, what has been your experience with royalty collection groups? What do they do right? What should they do better? Share your thoughts.