In 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!
