[Dixielandjazz] ASCAP Performance Fees and Enforcement

[Rick Campbell]

Per Bud Taylor's request, I forwarded his post to some musician  
friends in the Pacific Northwest. Names have been changed to protect  
the authors.

In this part of the country, it appears that the enforcement of ASCAP  
and BMI performance licenses is erratic. However, once their roving  
enforcers find a venue that is not paying for protected music, they  
demand a lot more money than seems reasonable. It is certainly not  
directly related to a play list, and they seem very happy to shut the  
music down. They do file suit on occasion, and the intimidation of a  
lawsuit is always there in the demand.

Item: A group called the Bourbon Street Jazz Band, was playing at  
Wallery's Pizza in Salem, OR, for beer and tips, until BMI demanded a  
large license fee. No more live music.

Item: The Vancouver, WA, Farmer's Market has decided not to pay  
performance fees, so next year they will only allow bands that play  
public domain or originals-- no popular ASCAP or BMI standards. The  
obvious answer to this problem is that the public is going to hear a  
lot of live music that is Real Old (traditional, anonymous, or before  
1923) or Real New (maybe written yesterday or on the gig). Well, J.S.  
Bach wrote new music every week for church services, and improvised  
too....

Item: "(Our Portland-area Music Store) used to host a bluegrass jam  
once a month, but were contacted by ASCAP and told we must pay a  
$2500.00 fee, or they would sue us. Now our jam happened after hours,  
and we never sold a thing - so there was nothing be profited from it,  
just the enjoyment of playing music. This made no difference to them.  
It was pay up or else. I was informed by them that it didn't matter if  
I was in my own home playing, if I play a tune written by one of their  
composers I would have to pay. In researching them, I found out they  
do in fact go to court over these occurrences. I believe they have  
even have taken the Girl Scouts to court and won. The risk wasn't  
worth it to us, so we moved our jam underground and to a different  
location. ASCAP does not promote music, it is trying to repress music.  
Reminds me of the Nazi's burning books."

Item: "(Attorney Drummer Friend) Years ago I defended a client who  
owned an establishment in Woodburn, OR, and got hit with a lawsuit for  
allowing a band to play protected music. We settled, but I don't  
remember the details, which would be confidential, in any event.  At  
that time, the enforcement activities had been assigned by several of  
the license holders to one nation-wide entity that sent shoppers out  
to night spots to check out the music. As I recall, they had recorded  
the band playing the restricted songs, so they had a pretty good case.  
But, Woodburn? Who would have thought!"

Item: "(Bass Player) I heard that one of the tricks that the ASCAP  
goons use at 'original music' and 'public domain only' gigs is to  
approach the band at some point and say,'It's my friend's birthday  
today, could you please play Happy Birthday?' It is still copyright- 
protected somehow! Hoping for a gratuity, the band often complies  
and....GOTCHA!"

But I cannot find any specifics about what the ASCAP or BMI rates  
actually are in dollar amounts relative to event size or attendance,  
or if they have a published fee schedule. It seems to be whatever the  
agent or enforcer thinks he can demand.

Rick Campbell
Milneburg Jazz Band
(Specializing in music written before 1923.)
Portland, Oregon USA
ricksax at comcast.net