neildiamond: Music makes it sexier - 6/13/09

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Music makes it sexier

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Female Performer Chat: Music makes it sexier

Created by: neildiamond

6/13/09 @ 11:46pm (EDT) | UTC - 4:00
Location: Canada

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This is just an observation, as this has happened to me twice now.

I went pvt the other day with a lovely young lady, and she had some techno music on. The music had her in a really good mood, and as a result she was moving so sexy during pvt. I think the rhythm helped her hips and as a result I really enjoyed myself.

I went pvt last year with a latin lady, and she had techno on as well and she was REALLY moving nice.

I am finding I am really enjoying that, and once I requested if a model had a certain song she could dance to in pvt, but she said she wasn't allowed.

Is this true? I thought maybe it would be an issue in the open room but not in pvt?

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Created by: gdiddy

6/14/09 @ 2:38am (EDT) | UTC - 4:00
Posts: 1,812

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this is an issue with music rights. simply put, the model would be re-broadcasting it (much like a radio station) but without the broadcast license. licensing is how music people make their money.

without being too technical (because it can get that way in a hurry) flirt would have to purchase a blanket license from any number of music licensing companies in order to use any music. problem is, different songs are published under different companies, so flirt would either have to purchase a hell of a lot of different licenses to cover all the music OR each model would have to purchase a separate license for each room. now, you would have to determine how many times you were going to play the song to determine how much it would cost you (oh and you have to factor in vod views here too, because technically that is another broadcast). then you need to use the going rate which is listed below:

The statutory mechanical royalty rate for physical recordings (such as CDs) and permanent digital downloads is:
9.10 Cents for songs 5 minutes or less
or
1.75 Cents per minute or fraction thereof over 5 minutes.

For example:
5:01 to 6:00 = $.105 (6 x $.0175 = $.105)
6:01 to 7:00 = $.1225 (7 x $.0175 = $.1225)
7:01 to 8:00 = $.14 (8 x $.0175 = $.14)

now that's per play. so that's why you need to know how many times you're going to play it.

so if anyone on flirt were to be caught playing any music without the express written consent of the artist, publisher and songwriters, they could be fined pretty heavily for it; and that would be fined PER SONG. since the music industry doesn't monitor every possible avenue of listening to music, the chances that a model would get caught are very slim. but if they did, flirt would go to court and i'm 100% certain flirt would then sue the model for any royalties that flirt had to pay since they have the models sign a contract saying they won't play music. oh, and that would be on top of the model also being sued by the record company, the publisher, the songwriters and the artist for perspective royalties due... so play it at your own risk!

now.. who wants the technical explanation? :orglaugh

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Created by: g-mann

6/14/09 @ 2:43am (EDT) | UTC - 4:00
Location: Teddy's BBQ Place in Hello Kitty Land on Route 66
Posts: 9,786

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now.. who wants the technical explanation? :orglaugh

Me me! J/K... Good explanation Diddy :thumbsup

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Created by: mkoplo

6/14/09 @ 3:08am (EDT) | UTC - 4:00

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This is very interesting, gdiddy, thank you. I never knew what the royalty fees were specifically.

Do you think that they would attempt to apply this to any 'broadcast,' for instance when I talk to a friend on any other video messaging service? My guess would be no, but you never know how aggressive they're going to be. Don't some independent artists have a public license that allows internet use? This isn't a side of the law I deal with very often.

I would imagine a real problem here is that in a 'pvt.' the site is creating a product, which they attempt to sell repeatedly, so including music as a part of that product would definitely infringe. Some instances though seem a little grayer legally, not that any model would want to risk a lawsuit. It always baffles me why music would be a problem in open chat.

I guess I have a strong personal preference for models being able to use music. Now if only I could find a way to justify it.....lol.

Thanks again.

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Created by: gdiddy

6/14/09 @ 4:41am (EDT) | UTC - 4:00
Posts: 1,812

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well i typed a nice response to what you wrote and then somehow hit my back button and lost it all. but for now you are pretty much correct in the fact that they would be creating a product for re-sale and that falls under two separate licenses.

it's really not the broadcasting that is the issue, it's the fact that they are using a song to make a monetary gain (i.e pvts and vods). the law states that you don't need a license as long as you are using the music in a non-public forum. pretty much in your home or your car. if you would play the music in a location in which you would benefit financially from having the music play you're gonna need a license. simply put, if you're gonna make money from it then so should the ones who created it.

i'll add a little more detailed version for you later on mko, but right now i'm pissed at my computer :mad

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Created by: Robyn Ross

6/15/09 @ 1:31am (EDT) | UTC - 4:00

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Well it's also a "preformence" issue. Even if this were a not for profit site we'd still need explicit permission to play any one song (or billions of songs out there as it were) as we are using someone else's work. I know, as a theatre production management major (say that three times fast), that they are HARDCORE about the their rights and revenues (as they should I don't want one of my VODs floating around for free!) and will sue even the smallest of groups. And all it takes is one unhappy person so make a phone call. We do, however, have some pretty varied choices for music offered to us by VS.

I'm sure we all remember a small website called napster.... DAMN YOU LARS ULRICH!

The easiest way around the copy right law? we each buy DJ licenses and subscribe to one of those services. Still mega-mucho monies involved. I'm gonna stick with the freebies!

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Created by: g-mann

6/15/09 @ 1:44am (EDT) | UTC - 4:00
Location: Teddy's BBQ Place in Hello Kitty Land on Route 66
Posts: 9,786

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It is like the Lakers using the song WE ARE THE CHAMPIONS after their win :winkwink

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Created by: mkoplo

6/15/09 @ 1:45am (EDT) | UTC - 4:00

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There is a lot of information out there indicating the RIAA is bluffing group of bullies. This area of law isn't my explicit area of expertise, but a lot of the law surrounding IP is more than hundred years old and not very well developed.

Certainly, their legal strategy is designed to intimidate. Can't really say I'm on their side. That's another long thread though for some other forum.

It's just a preference. And most independent artists (and a big fuck you to Lars, btw) don't really care about non-commercial public use or sharing. Trent Reznor for instance. I'm not sure I see how open chat qualifies, but I haven't been able to pin down exactly how the traffic from a site like this is monetized. I could easily be wrong. Open chat isn't really a part of the VOD's.

I'm just very interested in this topic. I'm interested in what everyone has to say. Gdiddy, you used to work in radio, right? Thanks for your response.

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Created by: gdiddy

6/15/09 @ 1:59am (EDT) | UTC - 4:00
Posts: 1,812

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It is like the Lakers using the song WE ARE THE CHAMPIONS after their win :winkwink

damnit

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Created by: gdiddy

6/15/09 @ 12:53pm (EDT) | UTC - 4:00
Posts: 1,812

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yea mkoplo. i worked promotions and was on-air in when i lived in michigan. i own a disc jockey service, own a music management/music production company and i am currently in school for music business. this past fall semester i took the "music business and the law" class which is why i'm so currently familiar with it. even after studying it and passing the class with flying colors, it still all doesn't make a whole lot of sense. luckily for me i'll never have to be on the law side of it, as the only way it would actually apply to me is if someone were illegally using music from the band i work with.

on that note if anyone wants to use music from the band i worked with, you can find it on iTunes under the name SWAY or our two albums "Moments Of Bliss" or "Still...". you can also check out my location under my avatar for more info as well. since i own the rights to all of it, i am granting permission for anyone to use it! :thumbsup

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Created by: Robyn Ross

6/15/09 @ 4:08pm (EDT) | UTC - 4:00

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alright so a little digging on the ol' interweb found this:

"Order Code RS21107
Updated December 10, 2003"
Which says, in a nutshell, that certain small businesses(restaurants and bars and such) are legally allowed to play the radio or a TV station w/ penalty but not a recorded work like a full CD.

The big bad word that I keep finding is "broadcasting" if this were a brick and mortar establishment gettinga music license is actually cheap and easy. But!!! As we reach so many people world wide it would be damn near impossible to get all the rights to play any music besides the free stuff. Now that being said, if we get explicit permission from the original authors of the music (such as Diddy or Marie gave) then we could play their music no problems.

Or we can play music by artist dead 50+ as the copyrights revert to free domain as they (and supposedly) their dependants would not longer be in need of it. The catch here is it would have to be original music, any "remastering" or new arrangements fall under a new copyright.

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Created by: g-mann

6/15/09 @ 4:28pm (EDT) | UTC - 4:00
Location: Teddy's BBQ Place in Hello Kitty Land on Route 66
Posts: 9,786

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It is like the Lakers using the song WE ARE THE CHAMPIONS after their win :winkwink

damnit

Isn't it Diddy?

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Created by: gdiddy

6/15/09 @ 6:25pm (EDT) | UTC - 4:00
Posts: 1,812

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Or we can play music by artist dead 50+ as the copyrights revert to free domain as they (and supposedly) their dependants would not longer be in need of it. The catch here is it would have to be original music, any "remastering" or new arrangements fall under a new copyright.

this part has been re-worked since 2003 and once i get my law book out i'll actually dig out what the term says now, but i know it's been amended to make it a lot longer before the copyright reverts. you also have to remember that it has to be ALL the copyright holders, not just the artist. once publishing companies got smart around the 1940's they began to issue joint copyrights between the artist, record company and or publishing company. since the copyright now belongs to a business instead of a person, the business never actually "dies" unless it goes under. thus making the copyright pretty much infinite. also most of the free domain music is actually from compositions from artists such as bach or beethovan, which never were copyrighted.

also that code says that small businesses can play the radio and television but cannot re-broadcast commercials. so pretty much in order to play the television of radio they have to get a special license to basically pay the radio or tv station for the "extra" publicity those businesses will gain by having the commercials broadcasted in another business. that's why most bars will play music during the commercials of big games. it's not to appease the customer from having to listen to commercials, it's because they don't want to pay that extra fee.

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Created by: Robyn Ross

6/15/09 @ 6:58pm (EDT) | UTC - 4:00

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hahaha, no i missed the commercial bit! (i just skimmed...) I figured I was just gonna start serving drafts in my room and play the radio.....

here's my solution, i'll wear my ipod in one ear and play the freebie stuff for you guys!

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Created by: gdiddy

6/15/09 @ 7:13pm (EDT) | UTC - 4:00
Posts: 1,812

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lol - it's annoyingly complicated. now if the customer had cam to cam and some music on in the background then that would be considered "out of the control" of flirt4free.... just a thought :winkwink

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Created by: Robyn Ross

6/15/09 @ 7:20pm (EDT) | UTC - 4:00

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YUP! It must mean Genius :bowdown

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Created by: gdiddy

6/16/09 @ 2:35pm (EDT) | UTC - 4:00
Posts: 1,812

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thought it deserved a bump :thumbsup

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Created by: Kimee

6/17/09 @ 12:54pm (EDT) | UTC - 4:00

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this is an issue with music rights. simply put, the model would be re-broadcasting it (much like a radio station) but without the broadcast license. licensing is how music people make their money.
without being too technical (because it can get that way in a hurry) flirt would have to purchase a blanket license from any number of music licensing companies in order to use any music. problem is, different songs are published under different companies, so flirt would either have to purchase a hell of a lot of different licenses to cover all the music OR each model would have to purchase a separate license for each room. now, you would have to determine how many times you were going to play the song to determine how much it would cost you (oh and you have to factor in vod views here too, because technically that is another broadcast). then you need to use the going rate which is listed below:
The statutory mechanical royalty rate for physical recordings (such as CDs) and permanent digital downloads is:
9.10 Cents for songs 5 minutes or less
or
1.75 Cents per minute or fraction thereof over 5 minutes.
For example:
5:01 to 6:00 = $.105 (6 x $.0175 = $.105)
6:01 to 7:00 = $.1225 (7 x $.0175 = $.1225)
7:01 to 8:00 = $.14 (8 x $.0175 = $.14)
now that's per play. so that's why you need to know how many times you're going to play it.
so if anyone on flirt were to be caught playing any music without the express written consent of the artist, publisher and songwriters, they could be fined pretty heavily for it; and that would be fined PER SONG. since the music industry doesn't monitor every possible avenue of listening to music, the chances that a model would get caught are very slim. but if they did, flirt would go to court and i'm 100% certain flirt would then sue the model for any royalties that flirt had to pay since they have the models sign a contract saying they won't play music. oh, and that would be on top of the model also being sued by the record company, the publisher, the songwriters and the artist for perspective royalties due... so play it at your own risk!
now.. who wants the technical explanation? :orglaugh

This is very true I want to bump this for the models who play their music very loud. If I ever have any on its so low that even I cant hear it lol and I will ask the people I know well in open chat if they can hear it.

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