MOTHER JONES BY E-MAIL

«--Previous Post | Blog Index | Next Post--»

Start Composing Your Own Background Music, Bar Owners

mojo-photo-ascap.JPGIn a move that says to the world, "no, of course we're not desperate and fearful, as our industry crumbles around us," music-licensing group ASCAP is now going after bars, clubs and restaurants that play any of the over 8 million songs by artists they represent without paying appropriate fees. ASCAP have apparently sued over two dozen venues recently who have failed to pay their royalties. Of course, legally, ASCAP is right: if I charge people $5 to come listen to the new U2 CD, it sure seems like that's money U2 should get. Since, you know, they need more money. But business owners often pay music services for chatter-free background tunes; is that different from just turning on the radio? Most amusing is this statement from Vincent Candilora, ASCAP senior vice president for licensing: "As long as it's [played] outside a direct circle of friends and family, it is considered a public performance." So, how many friends and family can I have before it's not considered a "direct circle?" We need friendship guidelines!






Comments

As an independent performing songwriter, I find that the way ASCAP and BMI go after small venues takes opportunities to perform away from me. Although I can get around their rules by only playing self-composed songs, venues are so scared of being sued that they're afraid to allow any music, live or recorded, at all.

What's worse is that the fees collected from veunes that host live music usually don't go to the artists whose songs are actually played. Rather than ask venues to keep logs of songs played, ASCAP and BMI just assume that what's performed in a given venue is the same as what's on local commercial radio. In folk-acoustic venues especially, this is not the case. For example, artists like Joni Mitchell and Kate Wolf get played far more in little coffeehouses than on commercial radio. Basically, most of the money is funneled up to the mega-stars, who make more than enough as it is.

If a venue plays a local radio station and gives ASCAP and BMI their fees, at least the distribution of fees to artists is likely to be more equitable. But ASCAP and BMI already collect from the radio station itself. This double collection doesn't make sense.

This is just another example of corporate america ripping off the public.
f you play a radio station in the background, or even use a pay service, the bar should not be charged. The Radio station has already paid their blood money to the leeches, and so has the pay service. What these bloodsuckers want is to be paid double for the same music.
If they get away with this, when are they going to start charging us for listening to a Juke Box, or even listening to a radio station or a CD that we purchased?

Posted by: Dano on 08/02/07 at 3:23 PM  Respond

Nobody pays $5 to go to a bar to 'listen to the music' (unless it is a live show, in which case the ASCAP has no business being involved anyway).

The bar owners need to get some legal representation and need to start charging ASCAP for advertising their music every time they play a song by a ASCAP musician. Who is helping who more here, really?

Also, in the meantime, the bar owners getting sued by ASCAP should demand an accounting of every penny that is collected in licensing. The bar owners should track the music played over a certain period and if ASCAP doesn't show by record that those musicians and only those musicians got reimbursed, they should sue ASCAP for fraud.

Either way, this is a big pile of greedy BS orchestrated by the parasites of society who do nothing but try to get rich off other peoples' labors and other peoples' money.

Posted by: Dan on 08/02/07 at 4:30 PM  Respond

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)





 

RECENT COMMENTS

"Garfield Minus Garfield" A Troubling Lesson on Late Capitalist Anxiety? (7)
Rain Audiart wrote: @gerald Doonesbury is a political and social satire scrip... [more]

Jesus: Twitter Is a Waste of Time (1)
Lightning Joe wrote: Finally it comes clear, why I can't rise above my unfortun... [more]

Will Bitch Go Broke? (3)
m wrote: actually if you go to their website you can see that they ... [more]

Rev Run's Affirmations (2)
Ralph wrote: Reads like a kids book, written by kids. "Your family s... [more]

Palin Watched SNL Skit With No Sound—And Thought It Was "Hilarious" (2)
Jules wrote: Please don't tell me that I'm the only one in this country... [more]

Hancock: Racist, a Metaphor for Racism, or Just Dumb? (14)
Real Deal wrote: The movie was incredibly racist and sneaky about it. It w... [more]

McCain Campaign: SNL Portrayal of Palin Was Sexist (10)
Paolo wrote: Bill, time to stop drinking the koolaide before you keel o... [more]

Mercury Music Prize won by... Elbow? (6)
Bobbie Yelverton wrote: I like the music but the video is vulgar.... [more]

The Newsweek Enquirer (5)
Alice wrote: When will those who thrill to the sport of killing with a ... [more]

David Foster Wallace's Death Will Probably Make Wallace-Style Dystopia A Lot More Likely (2)
Party Ben wrote: @kevin: I know you're trying to disagree with me, as comm... [more]

XML RSS Feed

Powered by
Movable Type 3.33

Jail.org - Inmate Search
Criminal records, instant public records & people search & current court records. www.jail.org

U.S. Public Records Search
Search County & State Court Records, Criminal records, Vital and Adoption Records www.PublicRecordsInfo.com

Records.com - People Search
Public Records and Background Checks. Instantly Search Criminal Records, Addresses and Court Records www.Records.com

Court Records & County Records
Find Instant Public Records, Criminal Records as Well as County Property Records Search. www.PublicRecordsIndex.com


















Banks

Dialing it Down

Friday Cat Blogging - 10 October 2008

“William F. Buckley’s Son Says He Is Pro-Obama.”


More MoJo voices...



bookIN PRINT

CLICK HERE
for more great reading

headphones IN TUNE
New music every issue

CLICK TO LISTEN

Advertise Liberally

This article has been made possible by the Foundation for National Progress, the Investigative Fund of Mother Jones, and gifts from generous readers like you.

© 2008 The Foundation for National Progress

About Us   Support Us   Advertise   Ad Policy   Privacy Policy   Contact Us   Subscribe   RSS