[Dixielandjazz] RE: Right to play tunes ASCAP, etc.

[Kurt]

We play 99% of our gigs in ASCAP/BMI licensed venues (at least they tell me
they are licensed) and I have a clause in my contract that the employer is
responsible for any an all applicable licensing fees.

I put this clause in a few years ago after the first time the issue of
licensing ever reared its ugly head.  I had previously played thousands of
gigs of all types in all types of settings and never had a problem until I
booked my band for a steady Sunday afternoon gig at a local buffet
restaurant.

It was a great gig.  People of all ages would come into the restaurant after
church, get a good meal and listen to my band.  After about eight weeks it
was really gaining in popularity, thanks in part to the owner putting ads in
the local newspaper and advertising on radio.

Wouldn't you know it, someone from ASCAP saw an ad in the paper and
contacted the owner and told him he had to pay a ridiculous (high) fee to
them every week we played.  The owner came to me and told me either I would
have to pay the fee or cancel the gigs.

We tried to work out a reasonable arrangement with ASCAP, but they wouldn't
negotiate.  Needless to say, the gig was cancelled.

The thing that really makes me mad about the entire situation is that the
people who should get the money from the licensing fees rarely see a dime.
It all goes to support the bureaucracy and pay the high priced lawyers.  If
we play a Jelly Roll Morton tune, how much of the fee actually arrives at
the Morton estate in the form of a check?  If someone can prove any
different, let me hear it.

Kurt

-----Original Message-----
From: dixielandjazz-bounces at ml.islandnet.com
[mailto:dixielandjazz-bounces at ml.islandnet.com]On Behalf Of
TCASHWIGG at aol.com
Sent: Thursday, February 12, 2004 12:31 PM
To: dixielandjazz at ml.islandnet.com
Subject: [Dixielandjazz] RE: Right to play tunes



In a message dated 2/12/04 10:02:21 AM Pacific Standard Time,
barbonestreet at earthlink.net writes:

> The US music copyright laws are badly in need of some revision, IMO.
> Totally unworkable, they make criminals of virtually every musician, and
club
> owner, and venue where live music is performed, as well as all of the
producers
> and users of fake
> books.
>

No question about it, however in this country full of too many lawyers, who
feel compelled to sit and write new laws every day, no one to my knowledge
has
yet ever sat down and erased any of the old ones on the books already.  

Like music there ain't nothing new in law, just look it up somebody said
there oughta be a law and there more than likely already is, just too many
of them
and they can't be found any more.  It has become easier to just write a new
one.

This is why BMI & ASAP go for the easy money, there is no way in
Hell
they could track down every musician performing the songs they register, so
they
go for the obvious sources of revenue, venues, clubs, television, radio and
even Muzak, in elevators, juke boxes, and any place that uses music, or
presents
music related entertainment, including live theater.

They force all venues to pay a licensing fee that covers all acts that
perform there just in case they perform one or more of their licensed songs,
Unfortunately however they often collect money bogusly from the venues
presenting
original acts performing their own music not licensed to BMI or ASAP, now
where
does that money go?  Collecting royalties from these folks is about the same
percentage as winning the lottery.

The same place than most of the other money goes that those organizations
collect in the name of their artists, in the administrative pockets of the
collecting organizations.  And it is in the millions annually just like all
the
other beauracracies in this country sat up with good intentions perhaps but
long
since outlived their usefulness and have just become cash cows for those
that
operate them.

Cheers,

Tom Wiggins
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