[Dixielandjazz] ASCAP Restrictions and Compliance

[Roy (Bud) Taylor]

We're playing a band alumni reunion concert on Dec 28 and the band leader
had me warn the club owner that we would not be playing anything published
after 1922 so that ASCAP would not be able to come down on them and subject
them to a $10,000 fee per song for allowing us to perform and him to benefit
from its performance.   Now there is no contract between us and him and he
will not be paying us for this evening, it being our annual concert to allow
former band alumni to sit in for a tune or two.  The club manager knew
nothing about this ASCAP rule, but was relieved by our promise to him.  Of
course, we had the added caveat that "to our knowledge" the tunes would not
be post 1922.

What I'm wondering here is of all the bands represented on this mailing
list, how many recall any action taken by ASCAP against restaurants because
your band played a post-1922 song?  More specifically, here is an online
poll of information on the subject:

1.  Did you ever play for a venue without their coverage of ASCAP licensing
(to your knowlege)?

2.  Did you ever play for a venue where an ASCAP official contacted the
venue during or after the event and demanded compensation?

3.  If so, how much did ASCAP request?

4.  If you played ASCAP tunes, and ASCAP demanded compensation from the
venue, did ASCAP merely slap their hand (the first time) or follow through
with legal action to collect compensation?

5.  If ASCAP did contact the venue about performance of tunes published
after 1922, was there a representative of ASCAP at the event taking notes or
talking with management, or the band?

6.  If this has happened to your band, does ASCAP hound your band's
performances to collect from additional venues after they first discovered
your infraction?

7.  How many jazz societies represented herein to this mailing list, pay a
fee to ASCAP, and if so, how much to they pay?

It seems that this policy, if true, would be counter to ASCAP's best
interest.  For example, if they do actively monitor restaurants, or village
recreation committees who sponsor concerts, or small-time music festivals,
jazz societies, etc., that they would be more inclined to advise the sponsor
on the first infraction, rather than coming down hard on them with very high
compensation "fines".   Perhaps, the licensing reputation is what causes so
many young performers from avoiding evergreen songs that have ASCAP coverage
by only performing songs they have composed.  This would mean that as new
performers populate the field, the performance of ASCAP songs were be ever
impacted to the point that in a very few number of years, people would NEVER
hear an ASCAP song in a public performance.

Comments from all of you on any of these questions would be very
interesting, I am sure.  Should we WORRY about being put out of business by
ASCAP?

-- 
Roy (Bud) Taylor
Smugtown Stompers Jazz Band
Rochester, New York
Traditional Jazz since 1958
"we ain't just whistling dixie!"