[Dixielandjazz] Regarding BMI...FROM JOHN SOULIS

[Bob Romans]

>From my t-bone playing friend, John Soulis...

Warm regards,
Bob Romans,
1617 Lakeshore Dr.,
Lodi, Calif. 95242
Ph 209-747-1148
www.cellblockseven2002.net
----- Original Message ----- 
From: John and Sharon 
Sent: Thursday, April 05, 2007 3:54 PM
Subject: Regarding BMI...FROM JOHN SOULIS


Hello All,

FYI or use, thought you might like to know my thoughts on a subject that seems to be adversely affecting our music AND our listeners.

Salud, John Soulis
Recently, I have learned first hand about how Broadcast Music Inc. (BMI) is affecting our music...Traditional Jazz. Before justifying my concerns, let me give you a brief understanding of what are the intensions of these licensing companies. The following is an explanation of how these companies function:

1. Performing rights organization enforce copy write laws. The United States Constitution gives Congress the power to grant patents and copy writes.

2. Basically, any performance "at a place open to the public or at any place where substantial number of persons outside of a normal circle of a family", is considered public under copy write law.

3. There are three(3) licensing entities acting under federal consent: American Society of Composers, Authors and Publishers (ASCAP), BMI and SESAXC ( a for-profit corporation). They issue licenses to companies that provide entertainment/music in public places. The key is these establishments/companies provide music with the purpose to make a profit.

4. For protection under copy write laws, the work (song) must have three (3) components, 1.-a sign of copy write, 2.-the year of publication and, 3.-the name of the author.

5. Who is responsible for obtaining the "entertainment license"? Performing rights organizations are seeking out proprietors of halls, eating establishments and any venues providing "public music".

6. What happens if you don't get a license? Failure to procure a license is a copy write infringement. The infringer is subject to a civil suit in federal court. This is the big threat these performing rights organizations hang over the owners of these entertainment establishments. They will tell the owners to "pay the fee of $1,500 or go to court" and pay $150,000. 00 for willful copy write infringement. As an owner, what would you do? Pay the $1,500 or get out of the entertainment business. The latter was the action taken by many owners.

On the flip side of this dilemma, there are alternatives to getting a license from any of the three(3) protection organizations. Highlighted below are methods in which a performer wouldn't need a license:

1. Proprietors can negotiate with individual owners of copy write (don't think this is very feasible).

2. Perform music which has no copy write or the copy write has run out.

3. Performances at charitable functions are exempt.as long as no one gets paid (no direct or indirect admission or charges).

4. Performances by teachers or students during face-to-face teaching activities.

5. Performing music via a non-profit education based organization would justify exemption as-long-as the primary goal is to teach young people Dixieland Jazz.

As musicians, our interpretation of classic traditional jazz seems to be at the heart of this stalemate and these protection organizations should be reminded of the following: 

1. This music is based on a improvisation, which means the musicians are not reading note-for-note.

2. How many of the musicians have learned their music by listening to the old recordings? We've developed a "style" of our own from that experience. We cannot clear our brain of this musical education. Therefore, we and the proprietors are actually outside the parameters of these copy write laws.

My concern centers around the continuation and longevity of Traditional Jazz. We are constantly observing smaller numbers attending Jazz Festivals and other Jazz venues. Many bands play for the love-of-the-music, a meal and what now becomes gas change to get to and from the gig. If we do not keep this music available for people to hear and remember, we end up with another factor creating the demise of our music.

I believe these performing licensing companies need to re-evaluate where their priorities lie.

If we don't play the music they will not be able to collect the licensing fees from the proprietors..seems this is a no-win situation. 

Possibly, they could consider making America's original music the exception to all the copy write laws. Traditional jazz is so much of our history it would be a good move on their part to hold-off for a while until traditional jazz makes a come back. Maybe bands could do one to two free concerts per year and donate funds to non-profit educational organizations.

It is very interesting to note in all the information I studied I never found where these fees end up. Do they all go for overhead? Seems strange if ASCAP and BMI are supposed to be non-profit.how can they be making any money? Do these fees go to the heirs of the composers? This I doubt, as these organizations have bought many copy writes. It'd be interesting to see how much each heir would receive...seems the multiplicity of the effort would negate any profit! Isn't it true that non-profits are supposed to help each other financially? In reality, these performing rights organizations seem to use legal pressure to achieve a source of income which destroys the very entity they presume to support!