[Dixielandjazz] BMI licensing

G. William Oakley gwilliamoakley at earthlink.net
Sat Mar 27 17:12:37 PST 2004


I couldn't agree more, Tom.
----- Original Message ----- 
From: <TCASHWIGG at aol.com>
To: <willc at highstream.net>; <JazzHags at aol.com>
Cc: <dixielandjazz at ml.islandnet.com>
Sent: Saturday, March 27, 2004 1:41 PM
Subject: Re: [Dixielandjazz] BMI licensing


> In a message dated 3/27/04 9:01:13 AM Pacific Standard Time,
> willc at highstream.net writes:
>
> >
> > I disagree with any suggestion that you claim only PD music is played at
> > HAGS. It isn't true and eventually lies will bite you in the tender
> > part.
> >
> >
> > Also worth noting is that demands are merely the prelude to negotiation
> > and that you might do a better deal with ASCAP (which has a much
> > larger library anyhow).
> >
> > Kindly,
> >
> > Will Connelly
> >
>
> Hi Will,
>
> I pretty much agree with your post, but would not bother to try and make a
> better deal with ASCAP, if you give into one of them then you are dead
meat for
> the others as well and are only letting ASCAP do the dirty work for them
to
> move in and extort more money from you for their own coffers.
>
> As to telling them that you only present PD music, and having it come back
> and bite you in the butt, I also disagree, because at the average age of
the
> OKOMers and Jazz Society memberships, and using the stall tactics most of
us will
> be long gone before they ever bite any butts in this field. :))
>
> I would however suggest that societatis do the following: Set up an event
and
> with a band or group of bands that will agree to perform ONLY PD material
for
> that event and then video tape the entire performance for evidence and PR
> purposes.
>
> Now make certain that the day of the event you invite the BMI and or ASCAP
> Representatives to come to the event, allegedly to collect their fees, now
when
> they come try to capture them in the audience on the video tape or even
> talking with your directors, etc., about the benefits of being part of
their
> organization.  In other words kiss up to them and pretend to be interested
in
> complying with their demands but give them nothing but lip service.  To
further your
> case invite and arrange for the local Television human interest reporter
or
> consumer protection reporter or such to attend as well with their camera
crew to
> film the OLD FOLKS still out having a good time.  Let them catch the BMI &
> ASCAP guys red handed trying to shake down the old folks for listening to
PD
> music.  Tell them to ask each representative in the room from BMI & ASCAP
to
> identify any song that they heard today as being one of theirs so you can
make the
> proper accounting to pay the fee and give it to them at the end of the
> performance.
>
> Since you are not playing anything But researched PD material if they ask
you
> for anything at all they are attempting to extort money from you for
material
> that they clearly do not own.
>
> This should get rid of them permanently, as they certainly do not want any
> adverse publicity in the media about their little (BIG) extortion game.
If the
> owner of the venue has paid them a licensee fee already, then ask them on
> camera why you must pay for it again since they are already collecting the
fees
> from the venue, do not be intimidated, just be firm and make them prove
every
> point.
>
> They will get the message, no if all Jazz Societies and promoters did the
> same thing we could actually beat them and send them back to their
legitimate
> functions where we have no problem with them collecting the fees for
Broadcasting
> on Radio and Television.
>
> I'll bet if you looked far enough they even have a licensing fee on the
> manufacture of all radios and TVs just like they now have on blank audio
and video
> tapes.  Enough is Enough,
> we should be Mad as Hell and just not take it anymore.
>
> Just like TAXES FOLKS:
>
> It is illegal to EVADE them but perfectly LEGAL and Acceptable to AVOID
them.
> I believe that is the principal this country was founded upon.  Something
> about Tea in the Boston Harbor comes to mind from way back in the olden
days.
>
> Cheers, and Jeers,
>
> Tom Wiggins
>
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