Posted on 10/30/2010 9:25:25 AM PDT by Reeser
A live performance of two songs has subjected a local bar to a fine of at least $1,500 and potentially as much as $30,000 per tune over alleged copyright violations involved.
The Vanishing Point Bar & Grill at 1125 W. Lebanon St. in Mount Airy is one of 21 establishments across the nation which have had infringement actions filed against them by the American Society of Composers, Authors and Publishers (ASCAP).
That organization has a membership of 380,000 songwriters and others who represent 8.5 million copyrighted musical works of every format. Among ASCAPs stated functions is obtaining license fees from the users of music and ensuring that its creators and publishers are adequately compensated.
ASCAP claims that The Vanishing Point Bar & Grill and the other 20 nightclubs, bars and restaurants targeted in 13 states either refused to obtain a license for music played in the establishments or pay related fees. In The Vanishing Points case, the violation occurred during live performances at the bar.
Danny Parker, owner of the private club that opened in Mount Airy about seven years ago, said the recent action by ASCAP has taken him by surprise.
They had contacted me, but I just thought it was a scam, Parker said of the requirement to secure licensing. The next thing he knew, papers were served at the bar last week giving him 21 days to respond to the copyright violations alleged by the music conglomerate.
They got me for two songs thats all they got me for, Parker said.
They included Walking the Dog, a dance hit popularized by soul singer Rufus Thomas, and the Peter Frampton classic, Do You Feel Like We Do?
Read more: Mount Airy News - Local bar paying price for unlicensed music
(Excerpt) Read more at mtairynews.com ...
What if I whistle a tune in public?
Interesting that they are going after the bars and not the bands. Perhaps they don’t want to anger the musicians. But, I would think that this would do that anyway. The bars aren’t going to pay the license fees, they will require the bands to do it. Musicians will be eating their own. Not going to turn out well for the music industry.
This is insane! I wonder how they came to choose this bar to take action against. Mount Airy isn’t exactly the center of the universe, and other than the locals, probably no one has even heard of this place. Why aren’t they taking action against the band that played the music?
What if I sing Kareoki? Will I be sued?
Looks like the end of fun to me.
Well, you can't sing "Happy Birthday to You" in a public restaurant.
I recently explained why to my 23 year old niece, (she and her husband are hobbyist musicians) and she was shocked.
Does the bar have a Jukebox? If so, they are already paying royalties, if they had the Jukebox installed by a company that does that. And ASCAP isn’t then only game in town, there’s also BMI. This sounds to me like the dying gasps of a music industry that is fading away, due to the Internet. I say tough cookies. I play in a cover band. We don’t pay royalties, nor will we ever. The places that hire us have jukeboxes, and they pay fees every quarter to ASCAP and BMI through the company they rent the jukebox from. That covers any music played in their bar, even by a cover band.
Happy Birthday to you
Happy Birthday to you
Happy Birthday dear (whomever)
Happy Birthday to you
OK, sue me now.
The copyright laws were designed to encourage creativity — not to be a boon for those who have not created. Nor were they designed to create a sitting post with a fishing line.
Turn your self in. No more fun is allowed. Confess to your sin of fun.
No more singing to my dogs I guess.
You're nuts. Only the weakest shadow of a human being would kowtow to that nonsense from the RIAA and other industry thugs.
That's precisely why they are targeting this guy: he probably doesn't have the resources to fight it and will settle, and then once the lawyers have established the precedent they can target larger venues from a position of strength.
They don't go after the musicians for two reasons: 1) the musicians don't have any resources at all, while the bars at least have some working capital that can be seized; 2) you don't want to tip off the musicians, just let them keep playing the copyrighted music so that other clubs can be targeted in the future.
Based on some of the Karaoke I've heard I'd actually favor moving straight to incarceration.
ASCAP has always done this.
“Who Does ASCAP Collect From?”
http://www.ascap.com/members/payment/whocollect.aspx
If I want to play Sweet Home Alabama for a crowd, I'm bloody well gonna do it, and Lynyrd Skynyrd, as much as I like them, can kiss my ass...
Good grief. One of my inlaws has a country music group and sometimes plays for pay in the local bars. This is pretty common here in Vermont, to have local bands play on a Saturday night. Or for that matter, to play at weddings and community celebrations.
Looks like it’s only a matter of time before the lawyers come around and put a stop to it.
Bars, karaoki, and the like keep people like Jimmy Buffet and his "Margaritaville alive. If not for people using the song, he would be long gone. The same for "Hotel California", and other signature songs. They actually make money from bars singing their tunes, but want to double up.
Bars, karaoki, and the like keep people like Jimmy Buffet and his "Margaritaville alive. If not for people using the song, he would be long gone. The same for "Hotel California", and other signature songs. They actually make money from bars singing their tunes, but want to double up.
ASCAP......they’re a bunch of jerks.
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