[Dixielandjazz] ASCAP/BMI

[Dave]

This happened at the last steady gig we had. The owners got hassled so much 
by ASCAP that *I* ended up having to pay the fee in order to keep the gig.

I actually got the contact information of the ASCAP rep who had been doing 
the harrassing and called her in New York. Long story short, she couldn't 
tell me any specifics at all about what was Public Domain and what wasn't 
(meaning, she didn't know). She also confessed that any fees collected 
simply go into a single fund which pays those due the royalty fees. So, no, 
if we played something written by Irving Berlin, it doesn't necessarily mean 
his descendants will receive money paid by the club where we were working. 
It also, of course, goes to pay the salaries of all the ASCAP employees.

It was apparent that ASCAP simply throws darts at the map and attempts to 
extort money from any club owner who will succumb to the harrassment and 
threats. I've no doubt that Britney Spears and Michael Jackson get a good 
cut, but there is no system in place for fairly dispersing royalties.

The worst part was that when I asked how ASCAP had found out we were playing 
there, it was explained to me that some retired ASCAP employee had eaten 
dinner in the restaurant, really enjoyed our music, then went home and 
called ASCAP to "report us".

Sheesh. What a scam.

----- Original Message ----- 
From: "John Wilder" <JohnWilder at Comcast.net>
To: "New Creole Jazz Band" <dave at creolejazz.com>
Cc: "Dixieland Jazz Mailing List" <dixielandjazz at ml.islandnet.com>
Sent: Tuesday, June 23, 2009 3:57 PM
Subject: [Dixielandjazz] ASCAP/BMI


> >From David Richoux:
>
>
>
> The problem usually comes from the ASCAP or BMI "agent" assuming that "any
> and all" live performers have (or eventually will) play songs that are in
> the non-PD category. . . .
>
> "And That's Jazz" has lost several long running gigs in the SF Bay Area
> because the owners didn't want to pay thousands of dollars in fees.
>
>
>
>
>
> Now let's see - tell me again how do all of these outlandish fees and
> extortion tactics of club and restaurant owners help musicians?  I think
> it's just grubby hands out for the dollar!  We once lost a successful 
> dance
> venue because the club owner couldn't cover the "dance tax" our city 
> charges
> to clubs.  He was already paying the "Live Entertainment Tax".  Everyone
> wants the money that musicians earn!
>
>
>
> John Wilder
>
>
>
> P.S. - I know someone who has several songs listed with ASCAP and has
> received less than $10 in royalties to date, although he's heard his music
> played on radio on several occasions.
>