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Music Publisher Concerns over Viral-Video Sites
The Internet has presented numerous challenges to the music industry. Unlicensed digital downloading has been at the top of the list for several years. More recently, the use of music on viral-video Web sites has produced a new set of challenges. Three of the four major record labels have struck content deals with mega-viral-video site YouTube, as have two of the three major TV networks. But music publishers haven't been involved in significant direct viral-video-site negotiations. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, Keith C. Hauprich, Vice President, Business & Legal Affairs for Cherry Lane Music Publishing Company, Inc., discusses music-publishing concerns in the viral-video age. As General Counsel for one of the world's largest independent music publishers, Hauprich's responsibilities include coordinating relationships with outside counsel, overseeing the due-diligence process and playing an integral role in finding new business opportunities for the company.
EL&F: Why haven't music publishers been engaged in ongoing negotiations with viral-video sites?
Hauprich: Music publishers took a wait-and-see approach and allowed sites and users to enjoy an online experience without clearing rights. Now, music publishers are having an uphill battle bringing these sites to the negotiating table. But viral-video sites are going to live and die by their content. It's important for content owners and their administrators to have a say in this revolution ' or evolution ' to protect the rights to underlying music compositions. Working through these viral-video issues is on everyone's short 'to-do' list.
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