[Dixielandjazz] ASCAP Restrictions and Compliance

Bert Brandsma mister_bertje at hotmail.com
Mon Dec 20 14:13:02 PST 2010


My answers are from the viewpoint of the Netherlands, ASCAP is called BUMA/Stemra here, in Germany it is GEMA

> 
> 1.  Did you ever play for a venue without their coverage of ASCAP licensing
> (to your knowlege)? 
Yes, private parties
> 
> 2.  Did you ever play for a venue where an ASCAP official contacted the
> venue during or after the event and demanded compensation?
definitly
> 
> 3.  If so, how much did ASCAP request?
I Don't know
> 
> 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?
They collect
> 
> 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?
Never seen that. But in Germany bands still have to fill out forms. (GEMA list)
> 
> 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?
No, you don't make an infraction, the band is not responsible. The orginizer of a concert has to pay, I never organise concerts.

> 
> 7.  How many jazz societies represented herein to this mailing list, pay a
> fee to ASCAP, and if so, how much to they pay? ------------- No Idea
Here in Holland every Restaurant/hotel that plays TV, Radio or live music has to pay, they usually pay a fixed annual fee, allowing them to play any music for the entire year.
As our band plays quite a few original compositions of mine, I have to let BUMA/Stemra know that my pieces are played, otherwise the money goes to the big radio/TV stars like Lady GAGA. It is possible through the internet to let them know what pieces have been played.
When our band played a regular gig at a funparc, (130 gigs a year) in one year I collected 7000 Euro (Almost 10.000 USD) in composers rights. It came out of the regular annual fee of that entire funparc, so there was never a complaint from their side.In fact, after we were fired, they started playing our CDs there on daily basis. At first I was very mad about that, then I simply informed BUMA/Stemra. Earned € 6000,- this year for not playing.
Here is one : http://www.youtube.com/watch?v=iad0u0pekz4
Or : http://www.youtube.com/watch?v=RiI3lMirnbw
http://www.youtube.com/watch?v=IJ4nMCpn5_8
http://www.youtube.com/watch?v=1aM68Wg1y04
So if there are bands willing to play my compositions, or willing to fill out my pieces on ASCAP/GEMA/Buma/Stemra lists, please let me know!
Kind regards,
Bert Brandsma
www.dixielandcrackerjacks.com





 		 	   		  


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