[Dixielandjazz] Copyright Law

[Steve Barbone]

Hey Ray, I'm with you. Copyright law depends upon who does the interpreting.
ASCAP would naturally say they are not sure about pre 1923 songs, because
they are probably still trying to figure out how they can scam us into
paying royalties on them, irrespective of the law which is very clear. (as
far as most laws go)

I have no beef about paying royalties IF THE COMPOSER WAS ASSURRED THE
MONEY. But that is not the case. When working at a venue which pays a
licensing fee for music, there is no check-off as to what song is played.
There is no specific payment, say to Babette Ory, when we play Muskrat
Ramble. The money goes into a general fund that ASCAP disburses, after
taking their administrative cut. That disbursement goes, by pre set formula,
to the most popular music composers. And that ain't Ory.

Case in point, we played Muskrat before 22,000 people a couple of years ago
in a concert venue that paid the licensing fees. Ms. Ory got zilch.

Send me your address off list and I will forward a copy of a CD, which was
produced for about $2800. The sound quality is OK, but not anywhere near how
good Ed Metz's recent CD sound is. Your assessment of a regional band CD is
certainly correct in our case. We produce it for local fans, not for the
international audience and not because we want to leave a legacy. Our kicks
come from performing in the here and now, before a live audience.

In my case, the CD residual payments to sidemen are in return for their
loyalty and their musical expertise. They are all, except for one,
professional musicians who depend upon the performance of music for their
living. They are in demand locally. And so I pay them well, lest they
gravitate to higher paying commercial gigs. For their short version
biographies, See: http://www.barbonestreet.com/musicians.html

The $5 rebate on CD sales to charities/churches is as much a marketing tool
as an altruistic act. It generates good will, and assures us that we will
continually be invited back, at our price, to play these types of gigs when
competing against others who offer free music, such as it is. By the same
token, the charity helps sell more CDs for us. And it makes everybody feel
good. If I learned one thing in my life, it is that good deeds pay you back
in kind. 

As you say, there is the difference between a regional band like mine, and a
band like Ed's Bob Cats which insists upon recording quality equal to, or
better than Arbors, etc., and rightfully so. Our two goals are different and
both are laudable. 

For list mates who want to hear a great band on a CD with impeccable sound,
excellent musicians, and a flair for the music of the original Bob Cats,
rush out and buy Ed Metz's latest CD. It is a barn burner, with sound
rivaling the major studios. And as he says, it was expensive to produce.

The least OKOMers can do is support his efforts with a CD purchase.

Cheers,
Steve Barbone