I'm Gillette. I make razors. In order to let people know I have a new product, I send out a bunch of freebies. Of course, I'll never make money if I give it away free all the time, so I have to charge sometimes too. It's up to me when I charge or give them away.
What people around here are saying is that, just because you're allowed to hear something on the radio without paying for it, the music should always be free. You should be able to open a business that profits from that music without paying for it.
Just like any other business, it's my choice when I give away my goods or services gratis and when I don't. And copyright law makes it pretty clear that public performance of these materials is not one of those gratis moments.
And actually, radio stations pay a blanket license fee also, but the cost of that is absorbed by advertisers, not listeners.
Im sorry, but playing a CD in a bar isn't "giving it away for free" because no one gest a copy they an take with them. It doesn't go home with them. It doesnt magically appear playing on their stereo. With this argument you present, ASCAP would have a right to require anyone who hears music pay a constant fee to them because they may remember it and hum it in their head.
I buy a CD, I play it for people - not give them a copy - they are more likely to purchase it than if they hadn't heard it(obviously). This isn't like a razor, or a toothbrush that is a consumer item many buy with limited or little knowledge of. People buy music because they have heard it and like it. No public performance, no sales. Its real simple.