It occurred to me this afternoon that in the past year I’ve done nine electronic arrangements of venerable Beatles tunes. Possibly a few other people might like to hear them. Some sort of digital download is obviously the distribution method of choice; nobody is likely to send me money for a physical CD.
I’d like this to be legal. Not that Paul McCartney needs the money, but maintaining legal distribution is an important ethical principle for musicians. So I wandered over to the website of the Harry Fox Agency to find out what it would cost. What I learned was a bit odd, and left some unanswered questions.
The statutory rate for Permanent Digital Downloads (that is, files, not streaming music) is 9.1 cents per download for songs that are up to five minutes in length. Harry Fox Agency (HFA for short) licenses a minimum of 25 downloads per song. Since I don’t have what you might call actual fans, 25 may even be a good estimate. At that rate, I would be paying a royalty of $2.28 per song.
Here’s what’s weird: HFA themselves collect a fee of $16 per song (for each of the first five songs, and $14 for each song above five). At that rate, HFA would be raking in seven times as much money as Paul McCartney (and of course Paul’s management would pocket part of that). In concrete terms, by setting up an HFA account and becoming a legal purveyor of music, I would not be supporting the songwriters. I would be supporting the corporate machinery.
The HFA boilerplate, which for a change I actually read rather than just clicking Agree, was clearly drafted by high-priced lawyers. My money would be going, among other places, into the pockets of those lawyers. Color me less than thrilled about this.
Of course, if I were estimating that I’d sell 2,000 downloads per song, the HFA fee would fade into insignificance. But that’s just another way of saying that this is one of those places where the little guy gets screwed and the high-stakes players have an advantage.
Five of my nine arrangements are medleys containing two tunes each. Do I just pay once for the medley, or do I pay twice? If I were combining a Beatles song with a Stones song, it would make sense to pay twice … but if both songs are owned by the same copyright holder and the total length of the track is under five minutes, should I be charged twice?
The more serious issue is, how exactly does HFA propose to determine the number of downloads I’ve gotten? I have no commercial website set up to track downloads. That would be extra overhead for me, and the information would be of no value to me (unless I’m audited by HFA). What if I’m giving the files away — which is what I intend to do — and not keeping track of the number of downloads? Am I in violation of the law if I do that? To be specific, does the law require me to set up the machinery to track the downloads even if I’m not requiring my alleged fans to pay for the music?
The license is only good for 12 months. After that, I’m supposed to re-apply. And that would be another $16 per song going to Harry Fox.
I may be able to get answers to these questions by phoning HFA. But my money is still going to be feeding the corporate monster, not ending up in the pockets of the musicians. Do I want to pay Harry Fox and their lawyers a couple of hundred bucks? I can afford it, but will they be satisfied with my plan to estimate the number of downloads at 25, keep no records, and distribute the files for free? Will they expect me to keep paying them every year for the privilege?
Check back in a day or two. I may know more.