[Dixielandjazz] ASCAP and RIAA

Mon Jul 21 17:23:04 PDT 2003

Hi Don and listmates,

Thank you, Don,  for your lucid, rational and precise description of the
muddled mess known as US Copyright Law.

>From my experience copyright law simply summerized states: " All copyrighted
songs post 1922 will remain copyrighted until 30 years after Dick Broadie's
death."   That's why my CDs largely contain the works of Stephen Foster and
other such swingers.

I've been an ASCAP composer who has made most of  his money from Wired Music
(Muzak, et al)  services.  Most of my income has come from France.  What the
heck!  They like Jerry Louis, too, don't they.  I pay $10 a year in dues and
get at least $13 a year in royalties.  I'm hesitant in buying a new yacht
from this income source.

As a holder of several patents in the pro audio field and as a composer with
many copywrited songs I proudly proclaim that both ASCAP and  RIAA suck.

While I should be a defender of intellectual property rights, I can hardly
do so.  I waited for half a century for some titles to be clear of copyright
only to see the laws changed by  Mickey Mouse organizations such as Disney
who bribed their way into keeping Mickey from becoming public domain (along
with my favorite songs) for many years beyond my death, unless I make it to
117 years.

I engineered numerous CDs in England which are public domain in that
country.  Performance rights there become public domain after 50 years.  As
part of my deal with Avid Records near London, I imported a few thousand of
my CDs to sell over the internet.  The RIAA discovered my "crime" and
threatened me with a multi-million dollar fine, imprisonment and further
threatened to have the FBI break into my home to seize this illegal
property.

That, coupled with similar legal problems, in effect was the death of my
company, my mono to stereo invention, and 30 years of research and
development in the pro audio field.

Oh well, I no longer have frequent commutes from Palm Springs to LA, have
lots more time to play jazz and enjoy my family.  And when you consider what
I paid out to lawyers and my staff over the years, I likely would have made
more money had I remained a jazz musician on a full time basis and never
owned a stereo headset.

Getting back to ASCAP, I should complain how this organization does not
collect for performance of songs on Cruise Ships.  For 25 years a "put on"
country song I wrote "Recycled Love" has become a standard performance tune
on several cruise lines or so I've been told by several musicians who
frequently work those venues.  I've never collected a nickel for this song
from ASCAP.  I'm not represented in such circumstances. Yet, as a owner,
don't you dare turn on a radio in your restaurant or they're all over you,
trying to collect for their membership in a less than cordial manner.

To close this diatribe, let me just say I'm now going to KaZaA and down load
a bunch of mp3s without paying royalties to ASCAP or the RIAA, make numerous
copies and give them to friends.  It's hardly getting even but it's a start.

Hope this didn't bore you.  I figure that this message will save me about
$5,000 of psychiatric care.  I feel better already!

Dick Broadie
----- Original Message ----- 
From: "Don Ingle" <dingle at baldwin-net.com>
To: "Bill Gunter" <jazzboard at hotmail.com>; <dixielandjazz at ml.islandnet.com>
Sent: Monday, July 21, 2003 1:04 PM
Subject: Re: [Dixielandjazz] Seeking 1925 music of Sugar Foot Stomp

> Bill:
> Common law copyright begins at the moment of  conception -- as soon as you
> finish it in whatever form you choose. Under current law you will own the
> copyright for your life; it used to be 26 years, then one renewal for 26
> years, than over into public domain. But that was changed in past decades
> and now it is the life of the composer, and then a period of time for the
> heirs post mortem.
> The fuzzy area is around 1923. Dallas Blues for example was copyright
> 1920 -- it is public domain. Song of the Wanderer was copyrighted in
1925 --
> and it is still a valid copyright for whatever entity holds title.
> It behooves one to carefully select material that predates 1923 for the
most
> part if avoidance of royalty is desired. ASCAP is not the only collection
> agency -- BMI does the same for the tunes listed under its banner. They
even
> tried to copyright public domain tunes like Stephan Foster songs when they
> first started up but that got shot down. Some composers or heirs assign
> license directly rather than through ASCAP, which tends to frost their
> royalty-greedy ass. My dad had a number of tunes published and recorded.
But
> since he never made membership (talk about a closed guild) a lot of his
> stuff had royalties paid into ASCAP, but which he never got an accounting
> for.
> There are several good and current books on copyright law and anyone doing
a
> lot of recording is well advised to secure one. As a writer I am conscious
> of the need to protect my own artistic works (he, he!!). Best thing I can
> say is to have your guys compose some material changed enough to avoid
> plagiarism, write original lyrics to fit and copyright it yourself. Then
> record it.  Many jazz CD buyers don't know the tunes, just the style and
if
> you play it right they will be happy.
> Don (ve haff vays) Ingle
> ----- Original Message -----
> From: "Bill Gunter" <jazzboard at hotmail.com>
> To: <dixielandjazz at ml.islandnet.com>; <dingle at baldwin-net.com>
> Sent: Monday, July 21, 2003 11:22 AM
> Subject: Re: [Dixielandjazz] Seeking 1925 music of Sugar Foot Stomp
>
>
> > As usual, Brother Don, you cut right to the center of the mystery on the
> > date of copyright. By the way, that brings up a question. A copyright
has
> a
> > certail life  . . . x number of years. I don't know 'zactly what it is
but
> > whatever it is when does it start? Does it begin with the moment of
> > oonception (in the case of Dippermouth that would be 1923 but in the
case
> of
> > Sugarfoot that would be 1925). Does that put the expiration date of the
> > copyright in a two year fuzzy area?
> >
> > Perhaps someone can clarify that for the rest of us.
> >
> > 1. How long is a copyright on a composition?
> > 2. Does it start at the time of its creation or the time of a formal
> > copyright?
> >
> > Respectfully requested,
> >
> > Bill "You think you know poverty - hah!" Gunter
> > jazzboard at hotmail.com
> >
> >
> > >From: "Don Ingle" <dingle at baldwin-net.com>
> > >To: "Bill Gunter"
> >
>
><jazzboard at hotmail.com>,<dickbkr at goon.org>,<dixielandjazz at ml.islandnet.com>
> > >Subject: Re: [Dixielandjazz] Seeking 1925 music of Sugar Foot Stomp
> > >Date: Mon, 21 Jul 2003 07:56:05 -0400
> > >
> > >The differece between your source saying 1923 and others' source of
1925
> is
> > >whether or not ASCAP gets a pice f the action in a royalty. Some of
these
> > >thngs were worked out and played for soe time before getting around to
a
> > >fomal copyright. Under commn law copyright, the creator owns all rights
> at
> > >the moment it is created. But legally it is stronger to have it
formally
> > >copyrighted in US copyright office since damages for infringement are
> > >better
> > >if you have the formal rather than common law copyright. My writng
> > >(features, articles) are covered by publicatons who copywrite  pro
forma,
> > >and where they are published otherwise, I do an annual "bundle" volume
> > >copywrite. This way, when I pass, my wife can collect my royalties and
> > >continue to live a life of poverty the same as I have by being a
> > >writer!<Grinsies>
> > >Don (Pardon me, but that's mine) Ingle
> >
> > _________________________________________________________________
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>
>
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