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Mood(y) Music
Townhall.com ^ | June 23, 2016 | Derek Hunter

Posted on 06/23/2016 4:31:28 AM PDT by Kaslin

In the movie “High Fidelity,” John Cusack’s character owns a record store in Chicago. In one scene he turns off a mix tape made by one of his employees because it’s too loud and in your face. When the employee says he should go back and play Cusack’s “old sad bastard music,” Cusack replies, “I don’t wanna hear old sad bastard music, Barry, I just want something I can ignore.”

That’s really what most of the music in our lives is – something you don’t realize is there, but you’d miss it if it were gone. And if some music publishers have their way, that music we “ignore” will be gone, and you’ll likely notice its absence.

On May 12, the Department of Justice settled a dispute with the American Society of Composers (ASCAP) for $1.75 million. That case revolved around the claim that “ASCAP violated a court-ordered consent decree designed to prevent anticompetitive effects arising from its collective licensing of music performance rights.” The consent decree was a court-approved agreement entered into in 1941 with ASCAP and BMI (Broadcast, Music, Inc.) to prevent anti-competitive behavior by these large music distributors.

After settling this dispute, ASCAP has resumed efforts to pressure the Justice Department to loosen the consent decrees’ anticompetitive constraints. In other words, ASCAP and others in the music industry want the ability to obtain higher fees through market power. A narrowing of the consent decree will harm consumers. If you listen to Pandora music online or like to sample different stations, then you will feel the pinch if Justice allows the market to be manipulated by a few dominant publishers. You either will pay more in cash or hear more advertisements, or your streaming services may just go away.

No one is saying composers shouldn’t be paid for their work. And all recent press reports suggest royalty collections are at an all-time high. If the actual creators are not sharing in the windfall, that begs the question, where is the money going?

The Justice Department’s review of the antitrust consent decrees governing both ASCAP and Broadcast Music, Inc., is in its second year, and serious concerns remain. In addition to the Justice fine against ASCAP, the federal courts have rejected attempts to circumvent the consent decrees, highlighting collusion and other anticompetitive actions.

Yet, as with everything in Washington, the next step is a second bite of the apple – legislation with an impossibly convenient-sounding name.

That second bite at the apple in this case is called the Songwriters Equity Act. Sounds friendly, doesn’t it? Who doesn’t support “equity”? Only this law has nothing to do with equity.

Forbes reports the Songwriters Equity Act is really “a work around to squeeze the inequitable rate increases that the current consent decrees have forbidden. The bill would increase costs for millions of businesses from radio stations to restaurants and from retail stores to coffee shops. It would mean a lot of money for publishing companies, but, despite the bill’s name, little to help songwriters.

Nothing in Washington is ever over … especially when so much money is at stake and politicians are involved. If at first you don’t succeed…hire more lobbyists.

Imagine a nice restaurant where you hear only the sounds of silverware scraping plates, glasses clanging and people chewing. Or a bar with nothing to drown the desperate pick-up lines or distract from the vapid, drunken conversations we all hope to avoid. Or worse, imagine everyone hearing any or all of those sounds coming from you.

We take music for granted more often than we enjoy it. However we consume it, it is such an integral part of our lives we really do notice it when it’s gone.

And that is the bigger point. This fight is an expensive legal war between the elites and insiders in Washington, D.C., but most Americans will not even notice until it is too late. Not many people know about ASCAP and what it does, yet everyone enjoys music.

When people notice that there is no music playing when they are shopping at the mall or when they are eating somewhere, then they will get angry and want to know why.


TOPICS: Culture/Society
KEYWORDS: music; musicroyalties

1 posted on 06/23/2016 4:31:28 AM PDT by Kaslin
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To: Kaslin

“Imagine a nice restaurant where you hear only the sounds of silverware scraping plates”

Sounds like my kind of place. Music is everywhere today. My local gas station pumps it outside so I can enjoy their country or rap while I fill up. A local fast good place blasts to into an outside seating area so that everyone in the strip mall can enjoy Madonna.

The other day, I ate with my wife at a restaurant. At first, I thought it was music free, but it was there, just barely hearable. It was great - I could carry on a conversation and not be assaulted with music I didn’t ask for or want.

Here’s a great way for many businesses to save money - turn off the music.


2 posted on 06/23/2016 4:50:52 AM PDT by trenton1776
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To: Kaslin

People used to actually sit and listen to music. Classical, Jazz, Rock — you knew names of the people playing the instruments. You could focus on the drumming, or the bass, or the guitar. And it was worth focusing because it wss interesting. So you sat and you listened.

Much of pop music today is just a throb with a singer. it’s elevator music.


3 posted on 06/23/2016 4:54:45 AM PDT by ClearCase_guy (The official language of the United States should be Arabic. It's clear that our government is.)
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To: Kaslin

If you ask my kids what kind of music I like, they’ll say, “elevator music”. I play guitar in a senior center band and we play mostly 20’s - 40’s songs. My brother once asked me why I didn’t play 50’s and 60’s songs from when we were growing up. I asked him, “You mean like Fats Domino?” He says, “Yeah, Blueberry Hill is one of my favorites.” I replied, “It was written in 1940.”


4 posted on 06/23/2016 4:55:38 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: trenton1776
What about the people who might want that music to drown out the sound of you?
5 posted on 06/23/2016 5:05:03 AM PDT by mkjessup (Hillary Rotten Criminal is a f--king murdering sociopath. You want that in the Oval Office?)
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To: Kaslin

Who can hear music in restaurants anymore with all the darn tvs going? Ha-ha.

The ones who are actually going to be hit hardest by this are the internet stations playing new non-big label music material. TuneIn already refuses to stream one of my favorite stations because they play material from small independent artists, the folks that sell their stuff on bandcamp. If a song can’t be identified as an officially licensed product, it must be illegal, therefore it can’t be played and they ban the station.


6 posted on 06/23/2016 5:14:03 AM PDT by Southern Magnolia
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To: trenton1776

I once forgot to turn on the music in a restaurant. when I went from the kitchen to the dining room, I couldn’t figure out why no one was talking. Dead silence except for silverware on the plates. Then it hit me-I turned on the CD player and people started talking.

I hate it when the music blasts loudly, but people will not talk in a restaurant unless there is background noise.


7 posted on 06/23/2016 5:23:06 AM PDT by NorthstarMom (God says debt is a curse and children are a blessing, yet we apply for loans and prevent pregnancy.)
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To: Kaslin

I can understand mood music in a restaurant. But nowadays, it’s pervasive. You can’t walk into a clothing store or even buy groceries without having your brain assaulted by cloying, thin-voiced girly bands or moronic (c)rap gibberish. I’ve taken to walking out of places that blare the “tunes.” I come to shop, not hop.


8 posted on 06/23/2016 5:35:27 AM PDT by IronJack
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To: Kaslin
The consent decree was a court-approved agreement entered into in 1941 with ASCAP and BMI (Broadcast, Music, Inc.) to prevent anti-competitive behavior by these large music distributors.

That was probably a result of the famous strike by ASCAP in 1941 in which it refused to allow songs written by its members to be played on the radio. As a result, radio stations would play songs by BMI writers or songs that were in public domain such as those by the nineteenth century composer Stephen Foster. Foster's Jeannie With The Light Brown Hair got so much air play that students at UCLA burned Jeannie in effigy, and "Jeannie" jokes were popping up in popular culture long after the dispute was settled.

9 posted on 06/23/2016 6:25:01 AM PDT by Fiji Hill
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To: trenton1776

We have a morning Bible Study at Panera and they blast the music. I have no idea why they do that.


10 posted on 06/23/2016 6:27:45 AM PDT by AppyPappy (If you really want to irritate someone, point out something obvious they are trying hard to ignore.)
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To: OrioleFan
Russ Morgan, the Old Coal Miner, performed my favorite version of Blueberry Hill.
11 posted on 06/23/2016 6:32:19 AM PDT by Fiji Hill
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To: Kaslin
i cut off cable TV years ago.
i can cut off music also. in fact, i hope they get their way and make it expensive/impossible to listen to the incredibly shitty music they are making these days.

then more people might have an incentive to pick up a guitar and play something themselves
12 posted on 06/23/2016 7:05:35 AM PDT by wafflehouse (RE-ELECT NO ONE !)
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To: IronJack

’ You can’t walk into a clothing store or even buy groceries without having your brain assaulted by cloying, thin-voiced girly bands or moronic (c)rap gibberish. I’ve taken to walking out of places that blare the “tunes.” I come to shop, not hop.’

+1


13 posted on 06/23/2016 7:08:27 AM PDT by Pelham (Obama and his Islam infested administration)
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To: AppyPappy
Change venues for your Bible Study.

Panera Bread is asking customers not to bring guns into its restaurants
http://www.freerepublic.com/focus/f-news/3201873/posts

14 posted on 06/23/2016 7:15:24 AM PDT by Oorang (Tyranny thrives where government need not fear the wrath of an armed people - Alex Kozinski)
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To: wafflehouse
then more people might have an incentive to pick up a guitar and play something themselves

That's what I do, many times during the day. Started playing guitar when I was 9. I'm 65 now.

FMCDH(BITS)

15 posted on 06/23/2016 8:12:04 AM PDT by nothingnew (Hemmer and MacCullum are the worst on FNC)
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To: Fiji Hill
My favorites are still Fats and Bruce Cockburn.

FMCDH(BITS)

16 posted on 06/23/2016 8:21:16 AM PDT by nothingnew (Hemmer and MacCullum are the worst on FNC)
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To: nothingnew

Blueberry Hill was the name of a great restaurant in Livingston, Calif., just off Rte. 99. Unfortunately, it’s long gone.


17 posted on 06/23/2016 9:48:22 AM PDT by Fiji Hill
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To: Kaslin
If you want Moody music, you go to the group who does it best ...


18 posted on 06/23/2016 9:51:59 AM PDT by BlueLancer (Once is happenstance. Twice is circumstance. Three times is enemy action.)
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To: Fiji Hill

Very good. Thanks for sharing that version. As ballroom dancers, my wife and I enjoy the big bands and orchestras. We went to see/dance at big band night here in Dayton Ohio last night. The Tom Daugherty Orchestra played. They play a lot of the Glenn Miller, Bennie Goodman, and Artie Shaw arrangements.


19 posted on 06/24/2016 9:30:32 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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