This country is so f’ed up it beyond belief. Freedom my ass. It’s owned by the big business interests and their fat cat greedy lawyers who can never get enough MONEY which is all they care about. It’s sickening.

Sounds more like a “protection” racket or extortion to me. Needs to get the EFF involved on a test case.

I’m a musician and I recently played a show at a coffee shop in San Francisco. I was talking with the owner and she was telling me all about these organizations coming in and bullying her. I thought it was nonsense until I read this article.

No matter what debate we have here, it still comes down to the most important thing: How this music got out there in the first place. Sure a lot of major artists had a dad who knew a powerful label exec or music attorney the walked their kid right into the business, however there are many that had to do it the hard way. No matter how good an artist’s original songs are, in order to get the uninitiated involved you have to entice them with a bit of the familiar. To those who justify what ASCAP and their ilk are doing, you have to keep in mind that many of the artists you have grown to love started out in small venues and did not have these agencies twisting the venues’ arms-which in turn guaranteed them a place to perform. These artists ultimately did much better than the venues they started out in, so when you say the venue made a profit from having them play-hey why not? It is give and take-and really should not involve these agencies until the artist themselves want to be involved. Really, no matter how you slice it, ASCAP, BMI and others still are stifling the very thing that defines their existence anyway. If it wasn’t for free music performances, there would be no money in music. Sounds ridiculous, but it is the absolute truth. Somebody hears ‘Stairway’ on the guitar, probably played wrong in some coffee shop somewhere, but likes the melody. They hear the original version and become hooked. Who knows how much money they happily spent in my lifetime on their entire Zeppelin collection, shows, shirts, posters, books etc. It was all from a public performance by some hack who learned it in his bedroom. Whether he was in a venue that sold a lot of coffee that night, or he made $100, it would still not match the amount the newly-converted fan funneled into that band, which made it to their label, and anybody else that was involved with them. Technology moved so fast that none of the industry was ready for it. They’re doing what they can to monetize it, but are alienating the very people that create, re-create and listen to it-and keep it alive. The only real thing that cannot be duplicated truly is a live performance-either by the original artist or a good cover band. The band that plays the venue has the right to charge or not charge for their hard work, and unless the middle man is the bassist, has no right to collect on something they were not asked to be involved in. Ultimately, when the dust settles, it will come from the artist, and not off the venues who have been extorted for these overpriced fees. Artists can play a free show on the corner until the cops tell them to shut it down, their basement or wherever. There is no precedent to be set here. Only a quick buck up front, with long term consequences on the back end.

If ASCAP, BMI & SESAC were doing their jobs correctly, every songwriter and publisher would be paid according to every incidence of a public performance of their product. Instead, those royalty collection agencies quite often make no attempt to survey what music is being played to determine who should actually receive a royalty. For example, if I own a business and draw from my personal collection for on-hold or ambient music, ASCAP, BMI & SESAC will demand that I pay fees to them so that they can ostensibly reward the composers of the music I have selected. But they can only reward the right people if they survey my playlist, which they will make no attempt to do. This is what makes their practice akin to extortion. I have no problem with songwriters earning their due, but under ASCAP methods that oftentimes never happens. There should be a law allowing licensing exemptions to venues that are not surveyed by the royalty collection agencies. This would motivate those agencies to devise better methods of determining who the rightful royalty recipients should be. After all, does playing Montovani to pay Elton John seem fair to anyone out there?

Jerry, May 21st, 2010 @ 8:55am
Under U.S. Copyright Law, the songwriter has exclusive right of public performance. That means he/she has the legal right to play the song, but nobody else does without his permission. No business is going to get sued if it has played only music written by the performer.

Sorry, Jerry but this isn’t true. There is also such thing as “live performance royalties”, where any member of ASCAP, BMI or SESAC can file with that organization to get a royalty for playing THEIR OWN ORIGINAL MUSIC. If the venue they played it at doesn’t pay the license fees, the venue gets in trouble. That’s irrespective of what they get paid as their performance fee (whether a guarantee or a door deal based on draw). I didn’t know about this until a harrassing SESAC agent (they are the worst) told me this. So for example, a SESAC band that just played my venue to 190 people and got paid over $1000 could technically file to get paid even more from SESAC (which is basically getting paid twice for doing the same job). Luckily, that particular band agreed not to file for such royalties. But apparently a verbal agreement not to, might not be enough – I may have to get it writing in the future. Remember to look into this loophole if you host professional acts – ask them in advance which of three they belong to, and get a signed waiver from them promising not to file live performance royalties. This is something few people know about.

I’ve been a professional musician for over 50 years.
I consider ASCAP, & BMI to be extortionists on the same level with Jesse Jackson.

I came across this article looking for alternate options. I own a venue that has an open mic and used to have live music. I am a singer/songwriter with 4 albums out. I got started by playing cover songs at open mic. That lead me to actually having the courage to write my own music. Then lead me to actually writing and album. This article hit home for me on two different levels. One as an artist who enjoys playing cover songs and two as a venue owner. I also have hosted a singer songwriter competition for 3 years running. It has given back to up and coming artist to help them. I am all for paying for what is rightfully owed by someone. In fact I would have no problem sending the Johnny Cash trust a check for all the time I have played Folsom Prison. And the pleasure it has brought me playing such an awesome song. But for me to send that money to a lawyer who sits in a office in Nashville. And he can’t even tell me where that money goes is wrong. I was just phoned by ascap the other day and literally yelled at. I put it on speaker phone so my 15 year old daughter could listen to the insanity. Even she could not believe how rude and wrong the whole thing sounded. I thought for many hours about this afterwords looking for some solution in my mind on how to make it right. The only thing I could think was paying for individual spins. I believe this is how the radio does it as well. When I asked ascap how do they get the money back to the particular artist they said they don’t. They can only do that by radio that has reported spins. This frustrated me even more because I want to pay the writers of the songs not a lawyer. This is an extremely flawed system that is so mafia style run that its sickening!! I want to host music at my venue and will be doing it. But we had to move the music to the common area that is not leased by me. It’s a public area for all to enjoy. And then the bar can’t afford to pay the artist. So I have chose to pay them out of my own pocket as a cash donation in there tip jar. And I’m sure that this still holds me liable in some way for paying these criminals. It’s just sad because I really want to provide artist with a place to play music and have fun. So how is it these copyright protection companies are protecting the artist again? I guess I’m really confused because the whole thing just feels wrong. There time could be better spent protecting artist from all the crooked promoters and managers that have robbed artist blind over the years.

I’m a composer and musician . I make my living at these professions.
There is something called Copyright Law and Statutory License.
I joined ASCAP to collect the money that is owed me for doing my job based on these laws that protect my intellectual property.
Like any other professional I can’t continue to do my job if I’m not paid.
If you use an artists music to enhance your business , by law , you must compensate that artist. ASCAP & BMI are both non-profit collection agencies an artist gives permission to , to collect, after the fact, money already due. Kinda like a restaurant owner , gives a waiter permission to collect money after you have already eaten your meal.

Please don’t propagate fiction as fact !

Is BMI or ASCAP RUN BY COMMUNIST, DRUG CARTEL OR THE MOB

I own a small bar, we’ve been in business for almost 25 years, I hire bands that play ONLY ORIGINAL MATERIAL yet ASCAP and BMI CONTINUE WITH THEIR THREATS

How has our President ‘been bought’? If you’re going to take a cheap shot at our already beleaguered leader, at least make the effort to explain it.