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Play it again ... and we'll sue - small Venues disappearing as copyright licensing fees get stiffer
Christian Science Monitor ^ | from the January 9, 2009 edition | Tim Holt

Posted on 01/09/2009 11:13:14 AM PST by weegee

...These grass-roots music events... have come up against the demands of US copyright law, as enforced by a handful of companies who act as collection agents for songwriters and composers. The law states that no performer in a public venue can present someone else's copyrighted music without their permission and, usually, without compensating them. A number of agencies, chief among them... BMI and... ASCAP, charge music venues an annual copyright "license fee" ranging from $300 to nearly $10,000 for the privilege of presenting someone else's music.

Much of the music at those Ragged Edge open mics was written by the performers, but there was also cover music... ASCAP wanted a license fee of $900 a year from Ragged Edge owner Jake Schindel. He paid up and, to recoup that expense, started charging a cover fee, which caused attendance to dwindle..

Bruce Schrader... tried to keep his open mics going by having his performers sign waivers stating they were playing only their original songs. Nevertheless, he was faced with demands for $6,000 in license fees from the agencies and had to shut down the weekly event last year.

"Their argument... was that I couldn't possibly know whether the performers were singing any of the millions of copyrighted songs they represent, so I'd better get a license if I didn't want to get sued."

As soon as... owner ...agreed to pay ASCAP an $800 annual fee, two other agencies demanded license fees. So he just stopped offering live music...

...ASCAP's vice president for licensing, says the fees are set at a "very good rate," adding, "What gives anyone the right to use someone else's property, even though they're not making money on it? I can guarantee you the phone company's going to charge you whether you're making money or not."

(Excerpt) Read more at csmonitor.com ...


TOPICS: Music/Entertainment
KEYWORDS: ascap; bigmedia; bmi; collectionracket; copyrightlaw; cultureofcorruption; goonsquad; protectionfee
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To: trumandogz
Examples of famous cover bands:


What, you didn't know that "Keep A Knockin'" had been recorded by Louis Jordon in 1939 and went back to the 1920s?

21 posted on 01/09/2009 12:18:53 PM PST by weegee (Obamunism, just another word for the policies of a NeoCom.)
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To: weegee

There is another side to this issue. Eventually, the licensing agencies will lose money. When no one pays for covers anymore, the supply is gone.

It’s kind of like those discouragement taxes. The taxes are raised in order to discourage the use of an item. Yet, government agencies still budget the money from these taxes. Generally, there is always a shortfall, because the tax works. People find alternatives or quit buying the product/service.


22 posted on 01/09/2009 12:19:40 PM PST by CriticalJ
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To: weegee

“The fallacy of the litigation against these venues is that since there is no audit of just what songs (covers or originals) ARE played, even the represented artists who are being “ripped off” by these open mic (or otherwise booked) artists will not see a dime of the money. Their representation companies are ripping them off and pocketing the annual fees (collected in their names). “

I dunno - I’m an ASCAP member and get royalties based (best I can tell) on a ratio of my number of tunes over the total reported play of all tunes. It ain’t much, but it buys the occasional dinner out.

Colonel, USAFR


23 posted on 01/09/2009 12:21:49 PM PST by jagusafr ("Bugs, Mr. Rico! Zillions of 'em!" - Robert Heinlein)
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To: RobRoy

ASCAP and BMI want to see their revenue increase every year too. And to a degree, that means shaking down, I mean tapping new revenue streams.

Meanwhile, you can buy rock and roll (including buy artists like Elvis) in England PD now (they are considering changing their copyright laws NOW that the British Invasion acts may lapse).

At some point, PD songs (which would probably include a good chunk of the song library that Tiny Tim used to sing) require no royalty to a corporate hustler.


24 posted on 01/09/2009 12:21:51 PM PST by weegee (Obamunism, just another word for the policies of a NeoCom.)
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To: weegee

On the movie side, the MPAA wanted over 1000 bucks to show a movie for an outdoor movie night when I was in college. We made the mistake of asking for their permission instead of just doing it.

Because somebody called, we cancelled that one until we could look at it later.


25 posted on 01/09/2009 12:29:49 PM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: weegee

Yes, all those artists did covers or tributes but they were also able to write their own songs and not have to copy other people’s work to pay rent.

The problem today is that bands play who do not have one original song play in clubs around the country. If they want to play a song that they did nor write they should pay compensation.

Or perhaps they should put pen to paper, write a song and stop ripping off actual artists.


26 posted on 01/09/2009 12:30:49 PM PST by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: weegee

27 posted on 01/09/2009 12:34:47 PM PST by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: trumandogz
Or perhaps they should put pen to paper, write a song and stop ripping off actual artists.

I find it odd that a person can connect certain sounds of various noise-makers together and then they OWN that particular sequence of noises. Sound is not a "product." Which are your sequence of noises? I feel like ripping them.

28 posted on 01/09/2009 1:03:15 PM PST by subterfuge (BUILD MORE NUCLEAR POWER PLANTS NOW!!!)
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To: subterfuge

Until music cannot have a copyright the music is owned by the person who does the writing.


29 posted on 01/09/2009 1:08:24 PM PST by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: trumandogz
Until music cannot have a copyright the music is owned by the person who does the writing.

Great. How about we station a jackboot in everyone's house and make sure they aren't playing any unapproved tunes too? Actually a wiretap would work and that's probably coming soon. Are you a jukebox type of guy or what?

30 posted on 01/09/2009 1:20:22 PM PST by subterfuge (BUILD MORE NUCLEAR POWER PLANTS NOW!!!)
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To: subterfuge

So you do not mind if a steal work that you produce so that I can pay my rent?


31 posted on 01/09/2009 1:27:55 PM PST by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: subterfuge

So you do not mind if a steal work that you produce so that I can pay my rent?


32 posted on 01/09/2009 1:28:01 PM PST by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: subterfuge

So you do not mind if a steal work that you produce so that I can pay my rent?


33 posted on 01/09/2009 1:28:05 PM PST by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: weegee
I think you forgot one of the most successful cover bands:


34 posted on 01/09/2009 1:32:39 PM PST by the_devils_advocate_666
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To: weegee
"Copyright normally lasts in literary, dramatic or musical works, for 70 years from the end of the year that the creator dies. Copyright expires on the 31st December of that 70th year..."

Let's start singing really old songs.

35 posted on 01/09/2009 2:04:37 PM PST by donna (appease:to buy off (an aggressor) by concessions usually at the sacrifice of principles)
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To: weegee

We have a distribution “deal” so I’m not sure about Myspace. We also have radio promotion so at least she’s heard all over Texas and beyond. It’s really difficult but I hope her talent will carry her beyond the bullsh*t.


36 posted on 01/09/2009 4:52:33 PM PST by manic4organic (We Are S0 Screwed)
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To: subterfuge
How about we station a jackboot in everyone's house and make sure they aren't playing any unapproved tunes too?

It wouldn't be the first time.

Remember the Taliban?

37 posted on 01/09/2009 6:43:35 PM PST by tsomer
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To: trumandogz
Recognize this guy?

Martin Luther.
Some say that he wrote "A Mighty Fortress is our God" around a tavern drinking song melody. Others dispute this; it bothers them. Maybe it was just a popular melody hitched a ride with the people who went to those places.

But since this is so controversial, how 'bout this guy?

Yup. Bach.
He ripped off Luther!
Served Luther right.

Evidently, having only 12 notes isn't easy enough for these scamps. They have to copy each others' work!

How this den of thieves howls and cries foul when they get served their own broth!

Musicians.
They deserve no consideration, whatsoever, in any civilized society.

And their agents, publishers, enablers?
Even less.

(By the way, I ripped off the artist who painted these pics. Sorry. Fortunately,their dead.)

38 posted on 01/09/2009 8:11:45 PM PST by tsomer
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To: tsomer

By the way,

I think I may possibly have, sort of, well, inadvertently, ripped off Weegee’s post, #21.

Sorry Weegee.

We cool?

You ain’t gonna sue me, right?


39 posted on 01/09/2009 8:22:52 PM PST by tsomer
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To: weegee

There’s a great line in “Tighten Up Your Wig” by Steppenwolf (which my band covers): “Just before we go, I’d like to mention Junior Wells. We stole his thing from him, and he from someone else.”


40 posted on 01/10/2009 8:35:59 AM PST by ncdrumr (Oooh, SarahCUda!)
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