[Dixielandjazz] Copyrights

[Bigbuttbnd at aol.com]

Remember... having a song copyrighted has nothing to do with ASCAP.

ASCAP (and BMI nd SESAC) are organizations that composers VOLUNTEER to join. 
An agreement is made and the organization serves the composer by collecting 
performance royalties of the composer's music. The composer can always elect to 
collect his own royalties. The RUMOR is that ASCAP (and BMI and SESAC) have 
such a high overhead in the effort to collect that very little of the money ever 
gets to the composers.

Obviously it's difficult to document every song that is performed for profit 
throughout America 24 hours a day, 7 days a week, so ASCAP (and the others) 
stick to areas that can be documented - radio, TV, internet, etc. Everything 
else is an assumption and is covered by a 'blanket'. They ASSUME that a bar with 
music playing (live or canned) will play something by a composer they 
represent. The same goes for an auditorium, stadium - wherever people gather and money 
is exchanged. ASCAP assumes they are owed money and have created their own 
idea about how much money should be collected for each venue. Their estimates 
are based on how many people the room will hold and how many people routinely 
come to that establishment. The fee (license) is set by THEM and then you pay or 
they sue. Very little negotiation or wiggle room. They have lawyers on staff 
so their costs don't increase - they can afford to sue somebody every day.

Actually, we're approaching a point technologically where the actual songs 
performed in an establishment or venue COULD be documented and an accurate 
accountung could be made of which songs were played and how many times each over a 
time period. That would burn a few butts down at ASCAP! If we ever get to 
PAY-AS-YOU-GO with this stuff the composers and the venue owners both win!

~Rocky Ball
Atlanta