I built one of the first 24 input recording studios in the USA and had the second SCULLY half-inch recorder. We cut many hits, were also a music publisher and had a record label: PARIS TOWER. I also built a 35mm film production company and Eastman Color Lab.
I have also built radio stations and satellite uplinks from dirt up.
Months of my time and discussions with several constitutional lawyers have brought up many reasons that Performance Rights (PRA) is Illegal and un-constitutional. I think all would agree that a brain surgeon or heart surgeon has skills beyond playing a musical instrument. Yet they do not get paid ROYALTIES after the patient lives, nor does their estate collect royalties for all operations done by the Surgeon after he or she dies. Elvis is a rich man. Dead, but still rich.
The 14th Amendment tells us NOT to set up any special classes of people. Yet that is what is happening with PRA.
The LUCAS decision in US Supreme Court tells us that neither a State or UNELECTED BODY can make new laws or violate our rights. Oops – is the Copyright Royalty Board elected?
I find that Music First and Sound Exchange are the FRONT GROUPS and they work for the record companies who are all owned offshore. They then changed US law. It is illegal for a foreign interest to change our laws. They also manipulated the US Copyright board which is unelected.
A bricklayer gets paid ONE TIME for his performance. A group of musicians normally get union scale for the studio work, a percent of sales and now after they are dead they will still get paid.
When I wanted to put up two internet radio stations Sound Exchange told me I would have to get new machinery to calculate audience, label, artist and song title and remit it on CD to them with payment.
John Lee Hooker recorded BOOM BOOM BOOM on Chess in 1966 and was paid by sales of a part of the 89 cent retail price at a record store. If I had 1,000 listeners to my Internet station I would have to pay a royalty of $1.80 to play that same record. UNJUST? Yes and that means it is unconstitutional. It is UNJUST ENRICHMENT.
Last, I would look at the Robinson-Patman, Sherman and Clayton act. I cannot go on the air unless I pay a tribute to a monopoly.
I suggest a trust fund be set up to hire lawyers and abolish this in court before much longer. This is also a job-killer as stations will have to cut staff to pay tribute. It is in my opinion also a legal racket as if Sound Exchange can’t find the musicians after three years they keep the money. A large group of famous artists are long dead yet they will get paid and create more income for the record company.
As Sound Exchange for their latest IRS FORM 990 they have to send you for free as they are “non-profit” and have a puke bag ready when as read what Washington has allowed.
A friend of mine is a noted constitutional lawyer. It is illegal for foreign companies to set up front groups to change our laws. That’s what the record companies did as they are almost all foreign-owned. Second, they have established a monopoly which is against the Robinson-Patman, Sherman and Clayton Act. If ALL broadcasters spend 44 cents and write a petition to Richard Cleland at the FTC you will kiss [PRA] goodbye.
Mr. Richard Cleland, Esq.
Federal Trade Commission
600 Pennsylvania Ave.
Washington, DC 20580
A lawyer who practices in these areas says if Cleland gets enough letters he will open a Federal Case. We need THOUSANDS OF LETTERS from station owners and employees.
–Chuck Harder, [email protected]
Chuck founded the first 24/7 full service network with news, sports, national weather in Tampa: Sun Radio. He’s also the founder of an organization for disabled, shut-ins and seniors: www.newabilitiestv.com