[Dixielandjazz] ASCAP in the NEWS

[TCASHWIGG at aol.com]

Hi Folks,  here is an article that is self expanatory about how ASCAP and BMI 
works for the songwriters and artists.   I Told You SO  several times.

This is the Real World of the Entertainment Industry, and only one such case 
being reported by a prominent  (former member of ASCAP).   So what chance do 
the little guys have?   Not even enough to pay the postage costs to file the 
complaints.

Cheers,

Tom Wiggins


NEWS FROM FILM MUSIC
September 23, 2004
=======================================

ASCAP SEIZES COMPOSER'S EARNINGS IN INTERNATIONAL ROYALTY DISPUTE

LOS ANGELES (Film Music Magazine) -- Los Angeles film and television
composer Mark Holden has accused performing rights organization ASCAP of
improperly seizing his royalty earnings for performances of his music in
foreign countries. Holden is also performing rights columnist for Film
Music Magazine.

"Against my strenuous objections," said Holden, "ASCAP has seized my
earnings and applied that money to what the society claims is an
'overpayment' of foreign royalties going back for years. No due process, no
disclosure of source documents from the overseas societies. ASCAP just did
it."

Holden asserts that ASCAP has no right to attach an author's royalties in a
dispute until the facts have been ascertained and confirmed. "There may
have been erroneous payments," said Holden. "Then again, maybe not. It all
depends on the evidence from ASCAP's sister-societies overseas. Strangely,
ASCAP has not disclosed that evidence to me, and instead has appointed
itself judge, jury and executioner."

"Funny thing is," continued Holden, "It's not even ASCAP money. These are
foreign revenues in dispute, collected from other nations by overseas
societies."

Holden further asserts that ASCAP has refused to disclose to him whether
the alleged errors, totaling approximately $17,500, were made by a number
of foreign societies, or whether those purported errors were committed by
ASCAP. "I don't trust nontransparent deals," said Holden. "If ASCAP refuses
to produce the source documents, then what is ASCAP trying to hide?"

To add a further wrinkle to the situation, Holden terminated his membership
with ASCAP late in 2000, well before any of the purported errors in foreign
distribution took place. "I'm not at all sure about ASCAP's authority in
this regard," stated Holden. "The foreign societies should be sending
performance money to my current PRO [performing rights organization]
affiliation. And I don't think BMI would've screwed it up."

Holden maintains the strong possibility that this entire royalty snafu
purported by ASCAP was concocted or otherwise manufactured as retribution
for his published articles on performing rights policies. "I can't dismiss
the possibility that the whole thing is an ASCAP dirty trick," said Holden.
"Here I am, the only composer in the country writing about performing
rights policies in comparison to world standards & practices -- articles
that have been bullet-proof -- and pow! Suddenly I've got grief coming from
ASCAP, a PRO from which I've resigned. Gee, what a coincidence."

"ASCAP doesn't like scrutiny into its music tracking and distribution
policies." Holden continued. "As a result of my questions and articles,
I've been warned, maligned and even threatened by certain ASCAP officials.
It doesn't surprise me that I'd be attacked in this fashion; I'm just
disappointed. This is America, and I'll write what I please based on the
acts of an issue."

"Look, the great majority of ASCAP employees are fine people -- doing their
jobs and raising families," stated Holden. "There's no question of their
many great deeds over generations on behalf of authors & publishers. Only
in this instance, I believe I'm tangling with a small group of overzealous
ASCAP chuckleheads who mistakenly think that transparent operations will
ultimately lead to their demise. That's why I've got this trouble."

"Let's not forget," concluded Holden, "That there was a time when the
president and the entire board of directors of ASCAP was indicted and
convicted of criminal conspiracy. It's clear enough to me that there's some
of that residual culture left to be dealt with. And administering judgment
before all the facts are in is wrong -- real wrong."

When contacted today by Film Music Magazine, ASCAP Director of Media
Relations Jim Steinblatt said ASCAP had no comment about the story or
Holden's allegations. Holden says he intends to keep his options open,
including legal action and/or involvement from the U.S. Department of
Justice.