[Dixielandjazz] BMI

[James Butler]

Steve Barbone wrote:
> List-Message-Recipient: jbutler6 at twcny.rr.com
> Published in The American Rag - April Edition:
>
>   
>> "Please remove the Mission Gold Jazz band listing from the Gig List Guide
>> section. We are no longer officially playing at the Swiss Park because of the
>> intervention of B.M.I.
>>     
>
>   
>> This organization is killing OKOM. I'm going to write and essay on my thoughts
>> about B.M.I.
>>     
>
>   
>> John Soulis, Leader
>> Mission Gold Jazz Band
>> Fremont, California.
>>     
>
> You can bet this has happened all over the USA because BMI, or ASCAP or
> SESAC, or all 3 have demanded exorbitant fees from small venues.
>
> If a venue is lucky, they may only have to pay $600 a year per organization
> to have a live band play. ($1800 per year is $34.62 per week)
>
> However, sometimes, much more is demanded and so the venue just kills the
> live music and plays the radio which in most cases, is free of license fees
> at the venue since the station has already paid them.
>
> Below from ASCAP's FAQ.
>
> "Permission for radio and television transmissions in your business is not
> needed if the performance is by means of public communication of TV or radio
> transmissions by eating, drinking, retail or certain other establishments of
> a certain size which use a limited number of speakers or TVs, and if the
> reception is not further transmitted (for example, from one room to another)
> from the place in which it is received, and there is no admission charge."
>
> (Certain size generally means less than 3700 seats)  BOTTOM LINE?
>
> These bastards are killing the performance of live music in small venues.
> Bars with TV can show the Ken Burns Jazz Show, or any jazz show on cable,
> without paying a fee. Or tune in to a music radio station, and pipe it all
> over the Restaurant, without paying a fee. But if your little band plays
> live . . . BMI et. al. extort money from the venue. What's wrong with that
> picture????
>
> You can fight back, (posted previously) by playing songs written prior to
> January 1, 1923 and not using copyrighted arrangements of those tunes, if
> those specific arrangement were copyrighted after January 21, 1923.
>
> What I do is keep a list of public domain tunes, along with a statement at
> the bottom of my list, that the arrangements are my own and therefore not
> subject to BMI, ASCAP or SESAC music police extortion. I offer this list to
> venues which have been bothered by, or think they may be bothered by the
> music police.
>
> OKOM has enough problems without over zealous music police trying to kill
> small band, live music.
>
> Cheers,
> Steve Barbone
>
>
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>
>   
I THINK I WILL JUST LISTEN TO MUSIC WITH HEADPHONES!