100 years ago, when all music sales were sheet music (or early recorded discs/piano rolls/wax cylindars), there was no royalty payment for performing a song live or recording a song.
The industry has bought the court decisions that have changed the way we view copyrights.
Defending against one of these suits is simple. Simply ask that the case be dropped becuase Ascap (or whoever) has shown no evidence - at all.
If they have evidence, then you should be paying the fees.
In short, it is a shakedown racket for a (series) of protection fees.
They will send the goons in sometimes when there are no customers around to observe the confrontation.
If you have a tv in your bar, you can be expected to pay. Not for the tv program that is on, but there may be MUSIC in that program or in the commercial break. And they want $$$ for that song.
>>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.<<
Good point. It means that part of a defense would be to ask about exactly which songs were performed illegally. Then, of course, they would need to have proof that said songs were, in fact, actually performed.
I hate the RIAA and now I hate ASCRAP (sic) and other groups that are killing live music.
Nothing but greedy people, they have no love of music, just green. They truly are people with the worth of a gnat.
Oh they count’em alright. I was in an Aerosmith “tribute” band.
It may be time for the states to get involved...especially if there is any “shakedown” or RICO type activity. If they are asking for money...and cant prove it that music was used...that is extortion
This is so far over the top that it’s ridiculous. I see both sides. My daughter is an artist and BMI helps pay her for radio airplay of her music. But she also does covers in her live show at venues all over. The record labels are scrounging to make money because CD sales are in the toilet. The artist, especially the smaller ones, gets screwed. Her main income is live shows, some CD and other merch sales, some download money, and then BMI royalties. It’s tough enough to get folks out for live shows. Once you have the “cover-song police” everywhere it’ll shrivel up and die.
Great News.
No More Cover Bands!!!!
This is the best news I have read in months!
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.
“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
Let's start singing really old songs.
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.”