New ASCAP crackdown on cover bands??? This could potentially suck

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This is all just anecdotal but it's all stuff I've been seeing in the last week or so.

So basically, two smaller music venues in the Twin Cities are now banning bands from doing cover songs...I guess they have been warned by ASCAP that unless they pay the $3000 a year fee (which these particular places can't afford) that no band can do covers there or they will get fined.

I guess ASCAP says they have spies that go out to venues and check for violations.

Then, some friends of mine who are on tour (who actually do a fair amount of covers as part of their set), have been told by TWO places in other cities in the midwest have warned them not to play covers.

anyway this kinda sucks.

The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, 25 February 2009 20:10 (seventeen years ago)

weird! they seriously have people prowling rock clubs in the hopes that some unsuspecting band will bust out a Beatles tune or something? That'd be a weird job.

tylerw, Wednesday, 25 February 2009 20:12 (seventeen years ago)

It does. I wonder what the rules are as far as wedding bands, etc. -- can cover bands still make a living at events like those, or do venues like country clubs and banquet halls pay as well? (My brother plays in a cover band in Mpls and it's his primary form of income.)

Soon we'll have to go to secret speakeasies to see someone play Van Halen.

Eazy, Wednesday, 25 February 2009 20:13 (seventeen years ago)

so shouting "Free Bird" at concerts will now constitute a variety of entrapment

nabisco, Wednesday, 25 February 2009 20:14 (seventeen years ago)

weddings are private events so I don't think it would be a problem. ASCAP is concered with public performances.

Fox Force Five Punchline (sexyDancer), Wednesday, 25 February 2009 20:15 (seventeen years ago)

This sounds like a job for ...
http://telescope0.logika.net/b/scope?u=www.websheriff.com%2F&c=roqklurxuywxwtuowwtorzklxuykvrkt

tylerw, Wednesday, 25 February 2009 20:16 (seventeen years ago)

Who's gonna be the first dick to say, no more cover bands = bad thing???

----> (libcrypt), Wednesday, 25 February 2009 20:17 (seventeen years ago)

I would have said that, but I'm not a dick.

----> (libcrypt), Wednesday, 25 February 2009 20:18 (seventeen years ago)

man more and more i love cover bands. like especially the ones that specialize in one particular band, like atomic punks the van halen one that i saw.

The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, 25 February 2009 20:19 (seventeen years ago)

You could look at it another way. If a venue pays the usual ASCAP fee, then you can play all the covers you want without worrying about artist permission, etc. This isn't a new thing.

Fox Force Five Punchline (sexyDancer), Wednesday, 25 February 2009 20:19 (seventeen years ago)

Well, I don't actually want to deprive 100,000 U2 cover band musicians of a paycheck....

----> (libcrypt), Wednesday, 25 February 2009 20:20 (seventeen years ago)

It's not a new thing, but I think most of us are comfortable living in a world where venues below a certain size aren't heavily policed on this stuff. Obviously everyone's going to have a different threshold for feeling like it's going too far, with like rights anarchy on one end and fines over high school Battle of the Bands events at the other

nabisco, Wednesday, 25 February 2009 20:24 (seventeen years ago)

ha there is no way this is going to actually be enforced

congratulations (n/a), Wednesday, 25 February 2009 20:26 (seventeen years ago)

It's not a new thing, but I think most of us are comfortable living in a world where venues below a certain size aren't heavily policed on this stuff

^this

like i get that a big danceclub or something should.

Put it this way: One of the "venues" i mentioned in the original post makes WAY more money off selling bowls of soup and coffee than it does music.

The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, 25 February 2009 20:27 (seventeen years ago)

most people's fears would probably run more toward "chilling effect" then "enforcement," but it's hard to imagine a huge amount of either

nabisco, Wednesday, 25 February 2009 20:27 (seventeen years ago)

restaurants have to pay ASCAP dues if they want to play music too

Fox Force Five Punchline (sexyDancer), Wednesday, 25 February 2009 20:29 (seventeen years ago)

it is enforced, I used to do this for a living. for the competition, though. BMI.

鬼の手 (Edward III), Wednesday, 25 February 2009 20:29 (seventeen years ago)

you guys will really freak out when I tell you establishments technically need to have licenses from ASCAP, BMI, and SESAC

鬼の手 (Edward III), Wednesday, 25 February 2009 20:31 (seventeen years ago)

guys I don't think anyone is unfamiliar with or shocked by the way this works

nabisco, Wednesday, 25 February 2009 20:31 (seventeen years ago)

it is enforced, I used to do this for a living. for the competition, though. BMI.

― 鬼の手 (Edward III), Wednesday, February 25, 2009 2:29 PM (2 minutes ago) Bookmark Suggest Ban Permalink

really? when was the last time BMI collected a fine from a venue or band for allowing a cover song to played without a fee?

congratulations (n/a), Wednesday, 25 February 2009 20:33 (seventeen years ago)

*FREAKING OUT*

i like to fart and i am crazy (gbx), Wednesday, 25 February 2009 20:34 (seventeen years ago)

what is the proof of that sort of thing anyway?

pro bowl was fun (omar little), Wednesday, 25 February 2009 20:34 (seventeen years ago)

yeah would making a recording as evidence constitute a copyright violation?

i like to fart and i am crazy (gbx), Wednesday, 25 February 2009 20:35 (seventeen years ago)

yeah would making a recording as evidence constitute a copyright violation?

― i like to fart and i am crazy (gbx), Wednesday, February 25, 2009 2:35 PM (5 seconds ago) Bookmark Suggest Ban Permalink

pretty sure it always has?

congratulations (n/a), Wednesday, 25 February 2009 20:35 (seventeen years ago)

i don't really know what i'm talking about

congratulations (n/a), Wednesday, 25 February 2009 20:36 (seventeen years ago)

i mean if you're the guy working for BMI or ASCAP or whatever

i like to fart and i am crazy (gbx), Wednesday, 25 February 2009 20:36 (seventeen years ago)

shazam

They don’t understand. And I eat a lot of matzo brie. (contenderizer), Wednesday, 25 February 2009 20:36 (seventeen years ago)

wow this is really annoying

Surmounter, Wednesday, 25 February 2009 20:37 (seventeen years ago)

I used to work for a classic rock radio station that stopped playing Bob Dylan because it didn't want to pay SESAC dues.

•--• --- --- •--• (Pleasant Plains), Wednesday, 25 February 2009 20:39 (seventeen years ago)

ed i know how it's supposed to work

but honestly both of these places have operated for years under the radar, with not much problem..

it's not as if these places specialize in cover bands anyway, but something has definitely scared them in the last month or so.

The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, 25 February 2009 20:40 (seventeen years ago)

which places, btw? or do you not want to name names on an internet

i like to fart and i am crazy (gbx), Wednesday, 25 February 2009 20:41 (seventeen years ago)

if any venue ever tells me i can't play a cover i'll just mock their lack of ROCKANDROLLREBELLION credentials and call them pussies until they capitulate

congratulations (n/a), Wednesday, 25 February 2009 20:42 (seventeen years ago)

and then i'll play my FUCKING VERLAINES COVER

congratulations (n/a), Wednesday, 25 February 2009 20:42 (seventeen years ago)

xpost

b1g vz and ac@d1a (which obv if you know the 2nd one you realize how silly it is for them to be "investigated")

The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, 25 February 2009 20:42 (seventeen years ago)

Does the 2nd one still book a few singer/songwriters each night? I think it's those coffeehouses that often get these visits?

Eazy, Wednesday, 25 February 2009 20:44 (seventeen years ago)

I should admit that I would fully enforce a vigorous campaign specifically enforcing the rights to "Brown Eyed Girl," especially at the bar down the street that does all the open-mic sounding acoustic shows

nabisco, Wednesday, 25 February 2009 20:45 (seventeen years ago)

would fully ENDORSE

nabisco, Wednesday, 25 February 2009 20:45 (seventeen years ago)

the fucking verlaines, are they as good as the verlaines?

Mr. Que, Wednesday, 25 February 2009 20:45 (seventeen years ago)

I should admit that I would fully enforce a vigorous campaign specifically enforcing the rights to "Brown Eyed Girl," especially at the bar down the street that does all the open-mic sounding acoustic shows

ditto "The Piano Man" (not that I've heard it in about 15 years, but just on the off chance it comes up...)

Lots of praying with no breakfast! (HI DERE), Wednesday, 25 February 2009 20:46 (seventeen years ago)

no, they suck
xpost

congratulations (n/a), Wednesday, 25 February 2009 20:46 (seventeen years ago)

february made me shiver

Mr. Que, Wednesday, 25 February 2009 20:49 (seventeen years ago)

with every paper i delivered

Mr. Que, Wednesday, 25 February 2009 20:49 (seventeen years ago)

Bad news on the doorstep, I couldn't take one more step

Mr. Que, Wednesday, 25 February 2009 20:50 (seventeen years ago)

I can't remember if I cried
When I read about his widowed bride
But something touched me deep inside

The day

the music

died.

Mr. Que, Wednesday, 25 February 2009 20:50 (seventeen years ago)

lol

congratulations (n/a), Wednesday, 25 February 2009 20:55 (seventeen years ago)

This will probably sound corny, especially since I imagine everyone here finds such things really annoying, but I do sort of think there's something important and wonderful about the whole culture of local coffeehouse / bar-band music that's not really trying to accomplish anything. Some moment came when I started feeling like there was something really lovely and admirable about, say, middle-aged people who just enjoy going out with an acoustic guitar and playing class-rock covers for a dozen people in a room. (But the place down the street always leaves the door by the stage open, so less "Brown Eyed Girl" would be nice.)

nabisco, Wednesday, 25 February 2009 20:56 (seventeen years ago)

how will this affect The Venue at new cross gate?! will they pay up? will i ever get to see aRe.wE.theM.?!

andrew m., Wednesday, 25 February 2009 20:58 (seventeen years ago)

the best thing for the venues to do is try to quietly negotiate, try to work with the licensing agencies to come to some common agreement. too many of them outright refuse, become antagonistic, and/or ignore the problem until the loggers show up and they get named in an infringement suit.

if you're skeptical that anyone gets sued over this, just google BMI or ASCAP and copyright infringement

http://gothamist.com/2007/06/26/4040.php

clubs unfortunately do get shut down because of not paying licensing fees. ASCAP & BMI end up in a bind, because if they heavily publicize the copyright infringements suits they file, they get accused of being bullying extortionists. on the other hand, if they don't make the ramifications of being unlicensed clear, bar & club owners ignore them and they end up in court. it's unfortunate, I've seen places shut down because some obstinate bar owner thought he was going to beat what he thought was a bullshit case.

you don't know fun until you've tried to explain to a bar owner in new jersey that he has to pay money to play music in his establishment because of title 17 of the us code.

鬼の手 (Edward III), Wednesday, 25 February 2009 21:01 (seventeen years ago)

that said, small clubs with original music are not well served by the system.

鬼の手 (Edward III), Wednesday, 25 February 2009 21:03 (seventeen years ago)

our local club has had a no-covers policy for quite a while.

http://www.as220.org/docs/boycott_faq.pdf

I love this place with a passion but their rationale for not licensing is questionable. I mean, this statement is flat out wrong: "While we recognize some musicians make a decent cut from royalities paid by performing rights organizations, licensing fees rarely reach those who wrote the music."

鬼の手 (Edward III), Wednesday, 25 February 2009 21:17 (seventeen years ago)

lolz ASCAP reduced to trying to pry money out of cover bands.

Comic Book Morbius (Shakey Mo Collier), Wednesday, 25 February 2009 21:22 (seventeen years ago)

seriously there's no way this is enforcable, it's just another sign of how impotent and increasingly meaningless ASCAP is

Comic Book Morbius (Shakey Mo Collier), Wednesday, 25 February 2009 21:22 (seventeen years ago)

yeah but ASCAP has no need to "enforce" this, they just have to be enough of a presence that some people decide it's worth paying dues to avoid the risk/hassle

nabisco, Wednesday, 25 February 2009 21:31 (seventeen years ago)

ed i know how it's supposed to work

but honestly both of these places have operated for years under the radar, with not much problem..

it's not as if these places specialize in cover bands anyway, but something has definitely scared them in the last month or so.

― The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, February 25, 2009 3:40 PM (36 minutes ago) Bookmark

it's not some new crackdown. sometimes these things happen because a more aggressive territory manager starts working at one of the agencies, and they start leaning on every unlicensed business in town. or they've already licensed the larger establishments in the area so they're going after the smaller ones.

the places that get sued tend to be large, high profile establishments with lots of covers played. the risk of a very small place getting sued is extremely low. however if a venue ever receives official notice that BMI or ASCAP is proceeding with an infringement suit against them, they need to cry uncle and get licensed ASAP.

鬼の手 (Edward III), Wednesday, 25 February 2009 21:39 (seventeen years ago)

lolz ASCAP reduced to trying to pry money out of cover bands.

misconception #1 about music licensing: bands are not licensed. ASCAP and BMI won't even issue a license to a band.

鬼の手 (Edward III), Wednesday, 25 February 2009 21:40 (seventeen years ago)

ASCAP spied on a little Irish pub in Providence. Not sure of the outcome.
Providence pub must pay the piper

Jazzbo, Wednesday, 25 February 2009 21:42 (seventeen years ago)

misconception #2: this is something new.

鬼の手 (Edward III), Wednesday, 25 February 2009 21:43 (seventeen years ago)

They talked about this on Sound Opinions a couple years ago (see footnote #2), in light of action that ASCAP instigated against a couple dozen venues. It's not just cover songs that ASCAP is concerned about, it's also just playing recorded music over the PA; I'd guess bars with jukeboxes would be affected as well.

Bianca Jagger (jaymc), Wednesday, 25 February 2009 21:44 (seventeen years ago)

haha Ed you are kinda boldly demolishing claims that remain unmade

nabisco, Wednesday, 25 February 2009 21:45 (seventeen years ago)

misconception #3: there's no way to enforce it

鬼の手 (Edward III), Wednesday, 25 February 2009 21:46 (seventeen years ago)

nabisco, shouldn't you be working on a U2 cover song right about now?

鬼の手 (Edward III), Wednesday, 25 February 2009 21:47 (seventeen years ago)

I thought we'd all agreed they were more along the lines or parodies

nabisco, Wednesday, 25 February 2009 21:47 (seventeen years ago)

Meant to link to this:
http://www.marketwire.com/press-release/Ascap-755758.html

Bianca Jagger (jaymc), Wednesday, 25 February 2009 21:51 (seventeen years ago)

nabisco, shouldn't you be working on a song that shares a title with a song on the new U2 album right about now?

鬼の手 (Edward III), Wednesday, 25 February 2009 21:52 (seventeen years ago)

Edward as a musician I am familiar with the workings of ASCAP.

There is no way to enforce this across the board - they can target certain areas and certain venues, but the net impact is nil, and there will still be cover bands, and there will still be venues that play recorded music, etc etc

Comic Book Morbius (Shakey Mo Collier), Wednesday, 25 February 2009 21:56 (seventeen years ago)

ha there is no way this is going to actually be enforced

http://www.dallasobserver.com/2008-01-10/music/ascap-can-cripple-small-venues/

sad man in him room (milo z), Wednesday, 25 February 2009 21:56 (seventeen years ago)

i am a member of BMI or ASCAP, can't remember which.

The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, 25 February 2009 21:57 (seventeen years ago)

There is no way to enforce this across the board -

yeah but this argument is akin to "they can't catch all the speeders, so they better give up on handing out speeding tickets"

鬼の手 (Edward III), Wednesday, 25 February 2009 21:59 (seventeen years ago)

I'm not in the USA so this post has nothing to do with ASCAP, but the UK equivalent (the PRS) effectively shut down a small pub venue near here a year ago after the landlord couldn't provide evidence that most of the bands playing were not covers bands and so they charged her some ridiculous fee on incorrect assumptions. Kind of bummed that it might happen elsewhere.

Meanwhile, please enforce the hell out of the rights to "Sweet Home Alabama" in places which are 3000 miles from fucking Alabama, thanks.

a passing spacecadet, Wednesday, 25 February 2009 22:00 (seventeen years ago)

I'd guess bars with jukeboxes would be affected as well.

― Bianca Jagger (jaymc), Wednesday, February 25, 2009 4:44 PM (15 minutes ago) Bookmark

actually jukebox vendors carry the licenses

鬼の手 (Edward III), Wednesday, 25 February 2009 22:04 (seventeen years ago)

Oh OK, that makes sense.

Bianca Jagger (jaymc), Wednesday, 25 February 2009 22:07 (seventeen years ago)

So is there any definition of what constitutes "public performance"? I mean, yeah, makes total sense for a bar that charges $10 cover to see a cover band, that definitely falls into the category of "public performance". But someone mentioned about wedding cover bands being safe, because they aren't public. I guess I'm just curious about where the line is drawn. What about a jazz trio that plays for free at an art opening? What about a bar that plays music over the jukebox, but charges no cover to get in?

jon /via/ chi 2.0, Wednesday, 25 February 2009 22:08 (seventeen years ago)

AS220 was def verry serious about this last time I played there.

bear, bear, bear, Wednesday, 25 February 2009 22:10 (seventeen years ago)

you played a cover, didn't you

鬼の手 (Edward III), Wednesday, 25 February 2009 22:14 (seventeen years ago)

Ha. Not after the days in advance warnings against, and the follow up from staff on getting there.

bear, bear, bear, Wednesday, 25 February 2009 22:16 (seventeen years ago)

jon /via/ chi 2.0 - if you really want to know the boring particulars, most of the exemptions on public performance are in section 110, chapter 1 of title 17

http://www.copyright.gov/title17/92chap1.html#110

鬼の手 (Edward III), Wednesday, 25 February 2009 22:16 (seventeen years ago)

and whatever isn't covered in the exemptions is usually worked out via precedent in the courts

鬼の手 (Edward III), Wednesday, 25 February 2009 22:18 (seventeen years ago)

what band are you in b,b,b,?

鬼の手 (Edward III), Wednesday, 25 February 2009 22:18 (seventeen years ago)

Thanks for the link, I was genuinely curious about that!

jon /via/ chi 2.0, Wednesday, 25 February 2009 22:23 (seventeen years ago)

xpost the castanets....good stuff? do tell....

Bianca Jagger (jaymc), Wednesday, 25 February 2009 22:23 (seventeen years ago)

Once the ASCAP monster that we are all FREAKING OUT over destroys every cover band and coffeehouse guitar-toter in the country, I will sneak in and corner the market via fair-use exceptions and parodies, jetting from town to town entertaining thousands with hits like "Brown-Eyed Squirrel" and "Twee Bird"

nabisco, Wednesday, 25 February 2009 22:24 (seventeen years ago)

and, oddly enough, life will go on

鬼の手 (Edward III), Wednesday, 25 February 2009 22:28 (seventeen years ago)

I'm a twweeeeee biiird

Comic Book Morbius (Shakey Mo Collier), Wednesday, 25 February 2009 22:30 (seventeen years ago)

yeah but this argument is akin to "they can't catch all the speeders, so they better give up on handing out speeding tickets"

if you can't see the difference here I don't know what to tell you

Comic Book Morbius (Shakey Mo Collier), Wednesday, 25 February 2009 22:30 (seventeen years ago)

that's quite a rebuttal

鬼の手 (Edward III), Wednesday, 25 February 2009 22:33 (seventeen years ago)

As far as I know, the ASCAP rules apply to any public venue - restaurant, club, art gallery, video game arcade - whether or not there's a live band or people are paying to listen to the music or the music is just on in the background. I seem to recall there's an exemption if you just play the radio, as the radio stations have to pay licensing fees. But Edward III would probably know best. I work for a non-profit music organization that doesn't have a venue, but produces performances of classical music, and they pay ASCAP license fees.

As far as AS220's claim (I have fond memories of that place from when I used to live in Providence), ASCAP's method of calculating how much each registered musician or group gets is kinda sketchy. I remember reading something about how they do that, as a lot of the places paying licensing fees have blanket licenses - they don'tt report what they played, thus it isn't as easy as tallying up plays and then divvying up money. It made it seem highly likely that smaller more obscure acts get jackshit.

I also run a small non-profit music venue, and ASCAP sends us letters from time to time, which I ignore because if anyone who plays there plays a cover, it's pretty unrecognizable from the original. If we put music on between sets, I make sure none of the CDs we play are ASCAP.

candy corn for lunch and dinner (sarahel), Wednesday, 25 February 2009 22:38 (seventeen years ago)

The analogy between cops and speeding tickets is empty. ASCAP is not a publicly funded agency enforcing laws to ensure the wellbeing of the community, they are a privately funded entity chasing down money. If they stop enforcing their NO COVERS policies no one is hurt (whereas if people just sped around willy nilly vehicular manslaughter rates would skyrocket). If they invest in the manpower necessary to enforce their policies in an effective manner, they will very quickly run out of money cuz you can't have an ASCAP agent in every bar in the country (whereas police forces maintain ticketing quotas as a matter of course).

Comic Book Morbius (Shakey Mo Collier), Wednesday, 25 February 2009 22:39 (seventeen years ago)

a closer analogy would be to the way the FCC regulates pirate radio - they can't go after everybody, and in general they don't bother. They go after the biggest offenders, spot-check things here and there, maintain as high a level as terror of possible to keep potential pirates running scared, etc. (And even so, guess what there is still pirate radio. Just like there will still be cover bands).

Comic Book Morbius (Shakey Mo Collier), Wednesday, 25 February 2009 22:41 (seventeen years ago)

why don't the venues just have all the bands change one word in each of the cover songs and then say they are playing parodies of the songs

congratulations (n/a), Wednesday, 25 February 2009 22:43 (seventeen years ago)

It made it seem highly likely that smaller more obscure acts get jackshit.

^ this is true ^

it's an imperfect system

鬼の手 (Edward III), Wednesday, 25 February 2009 22:52 (seventeen years ago)

haha proof that n/a has me killfilled

nabisco, Wednesday, 25 February 2009 23:02 (seventeen years ago)

I made 11 dollars from ASCAP last year I have no idea why.

Fox Force Five Punchline (sexyDancer), Wednesday, 25 February 2009 23:03 (seventeen years ago)

hey m@tt, vz has been under the watchful eye of ASCAP for like 5-6 years. they actually came in and cease and desisted that sunday DJ thing a few years ago, which led to me mixing there in a magic markered shirt that said "FUCK ASCAP" for several weeks.

Exodus 14 VS 14 CAGE MATCH FITE (jjjusten), Wednesday, 25 February 2009 23:04 (seventeen years ago)

The UK has been mentioned a time or two in this thread already, but I remember reading articles about them going after auto mechanics because their radios where loud enough for customers and other mechanics to hear. That could have been something BBC related though.

If not, it might stand to reason that the same multi-national corporations that have annoyed England could be searching out new vigorous streams of revenue by going after every corner bar now that they claim they aren't going to sue downloaders anymore and the Pirate Bay trial looks embarrassing for them.

Is there any way that ASCAP and BMI would have any profit incentive or overlap with RIAA etc.? (sometimes I think I know enough to make a post and realize I don't)

drunk dudes NOTM (james k polk), Wednesday, 25 February 2009 23:14 (seventeen years ago)

btw, the reason analogies get weird is that this is one of those legal realms (maybe like jaywalking?) where average people tend to believe in selective enforcement, and would be bothered by an effective zero-tolerance policy that created offputting outcomes like huge fines over goofy junior-high a capella groups or whatever -- certainly more so than with speeding, I would guess

so the tension is not in whether the thing is wrong/right or whether you should enforce something you can never fully enforce -- the question is how broadly the thing is enforced and how much that vexes things that people go around doing either way. I mean, everyone has their personal "c'mon" threshold with these things, like the way we fully understand the legal status of baseball games taped off of TV, but would be kinda upset if we sold one to a buddy for $5 and wound up with NFL lawyers calling

and it makes sense to me that anyone who's invested in venues would respond to any (anecdotal) accounts of increased pressure by saying "that is unfortunate and I'd prefer that there was no shift in the balance of these things"

nabisco, Wednesday, 25 February 2009 23:15 (seventeen years ago)

^^ haha that would be extremely upsetting if the NFL called about baseball -- I meant football, or I meant MLB, or whatever

nabisco, Wednesday, 25 February 2009 23:16 (seventeen years ago)

We've got bigger problems if the NFL is going after bootleg baseball games.

jon /via/ chi 2.0, Wednesday, 25 February 2009 23:17 (seventeen years ago)

Dammit.

jon /via/ chi 2.0, Wednesday, 25 February 2009 23:17 (seventeen years ago)

hey m@tt, vz has been under the watchful eye of ASCAP for like 5-6 years. they actually came in and cease and desisted that sunday DJ thing a few years ago, which led to me mixing there in a magic markered shirt that said "FUCK ASCAP" for several weeks.

― Exodus 14 VS 14 CAGE MATCH FITE (jjjusten), Wednesday, February 25, 2009 11:04 PM (12 minutes ago) Bookmark Suggest Ban Permalink

huh this is the first i'd heard of it, at least as far as bands not being able to do covers

The Notorious B.Y.O.B. (M@tt He1ges0n), Wednesday, 25 February 2009 23:17 (seventeen years ago)

Is there any way that ASCAP and BMI would have any profit incentive or overlap with RIAA etc.?

they're not-for-profit clearinghouses. they collect the fees, take a percentage for operating costs, and pass the rest to the songwriters they represent. if one of them started keeping huge "profits" for themselves, the songwriters would just go join the other organization. and believe me, you're not making a ton of money if you work for ASCAP or BMI.

鬼の手 (Edward III), Wednesday, 25 February 2009 23:21 (seventeen years ago)

I made 11 dollars from ASCAP last year I have no idea why.

most likely college radio airplay.

鬼の手 (Edward III), Wednesday, 25 February 2009 23:22 (seventeen years ago)

^ also proof that this isn't a racket. as I said above, it's not a perfect system, but it has to tell you something if the ASCAP payout formulas are sophisticated enough to generate a royalty check for exc3pt3r members.

鬼の手 (Edward III), Wednesday, 25 February 2009 23:24 (seventeen years ago)

it's not like these organizations take in $600 million, give $100 million to michael bolton and keep the rest for themselves. they take their mission (representing songwriters' rights) very seriously.

鬼の手 (Edward III), Wednesday, 25 February 2009 23:27 (seventeen years ago)

cap'n save-a-PRO

鬼の手 (Edward III), Wednesday, 25 February 2009 23:28 (seventeen years ago)

xp: yeah, it's just that I never filled out the paperwork!
(That's 11 dollars split six ways btw)

Fox Force Five Punchline (sexyDancer), Wednesday, 25 February 2009 23:28 (seventeen years ago)

Ask pashmina about this. they phoned him at his shop wanting him to pay for a license to play music in his shop a few years back.

Pfunkboy in blood drenched rabbit suit jamming in the woods (Herman G. Neuname), Wednesday, 25 February 2009 23:35 (seventeen years ago)

not sure about the UK but that's exempt in the US. falls under "display of goods".

鬼の手 (Edward III), Wednesday, 25 February 2009 23:36 (seventeen years ago)

oops, that's assuming pash's shop is a record shop

鬼の手 (Edward III), Wednesday, 25 February 2009 23:37 (seventeen years ago)

I think it's a bicycle shop.

Bianca Jagger (jaymc), Wednesday, 25 February 2009 23:45 (seventeen years ago)

Actually, if you had a shop that sold *anything*, and had a record section, would that get round the rules?

Mark G, Wednesday, 25 February 2009 23:49 (seventeen years ago)

as long as you were playing records you were selling, yeah

鬼の手 (Edward III), Wednesday, 25 February 2009 23:52 (seventeen years ago)

M@tt, not that this is comforting, but ASCAP's been doing this since forever to small all ages venues.

SoCal got hit with that shit in 1999 or 2000.. then never heard a peep again.

Lazy boogeyman at it again. yawn.

System Jr. (Mackro Mackro), Thursday, 26 February 2009 00:15 (seventeen years ago)

In amateur live music, this definitely sucks. They should rather crack down on Pop Idol and forbid that Pop Idol acts sing anything else than their own originally written songs. Now that would be something good for music. :)

Geir Hongro, Thursday, 26 February 2009 13:03 (seventeen years ago)

joining the chorus of some of the others here, but one of slc's smallest venues (kilby court) has had the no covers policy for 4 or 5 years now due to some local ASCAP enforcers. before playing there, you have to sign an agreement that you won't play covers, but i've heard more than a few bands play some anyway (grizzly bear playing 'she hit me, it felt like a kiss')

6335, Thursday, 26 February 2009 15:58 (seventeen years ago)

couldn't a band just play really obscure covers and just not tell anyone it's a cover?

i like to fart and i am crazy (gbx), Thursday, 26 February 2009 18:00 (seventeen years ago)

Merzbow covering Masonna

Fox Force Five Punchline (sexyDancer), Thursday, 26 February 2009 18:09 (seventeen years ago)

lol @ geirbot

Pfunkboy in blood drenched rabbit suit jamming in the woods (Herman G. Neuname), Thursday, 26 February 2009 19:30 (seventeen years ago)

Merzbow covering Masonna

Skimmed this as "Merzbow covering Madonna," which would be great.

ilxor, Thursday, 26 February 2009 20:05 (seventeen years ago)

How exactly is this illegal? Bands have been playing cover songs for decades!

Mr. Snrub, Thursday, 26 February 2009 20:19 (seventeen years ago)

longer than that. Playing cover songs wass only legal because the places people play have been paying ASCAP/BMI licenses.

Fox Force Five Punchline (sexyDancer), Thursday, 26 February 2009 20:26 (seventeen years ago)

Anyone caught singing "Danny Boy" at Molly Malones will now find their ass out on the street.

Eazy, Thursday, 26 February 2009 20:41 (seventeen years ago)

A place I tried to get a booking at last year said they only want cover bands. Maybe I should call them back and ask them if they're reconsidering their stance on original music.

Ye Mad Puffin, Thursday, 26 February 2009 21:30 (seventeen years ago)

How exactly is this illegal? Bands have been playing cover songs for decades!

― Mr. Snrub, Thursday, February 26, 2009 3:19 PM (58 minutes ago) Bookmark

a century even!

The U.S. copyright law of 1909 provided the basis for ASCAP's existence. This law gave artists rights to how their work was used just as patents protected inventors of more tangible creations. The 1909 law applied to public performance of musical works as well.

A nostalgic version of ASCAP's birth recounts composer Victor Herbert hearing one of his songs being slaughtered in a New York cabaret and thereby becoming inspired to stop illegal infringements. Herbert was apparently one of a group of nine who met in a New York restaurant in October 1913 to create a performing rights organization. Nathan Burkan, an entertainment lawyer, and Englishman George Maxwell were also in attendance. ASCAP's first official meeting was held on February 13, 1914, whereupon Maxwell was named its first president. The group started out with about 100 members.

ASCAP's mission was essentially to enforce the 1909 copyright law by compiling member works into a catalog and hiring personnel to monitor their public performance. ASCAP licensed its entire catalog as a whole, not individual pieces.

Since restaurants and clubs had been accustomed to using this music for free, ASCAP met resistance from the beginning. The venues threatened to stop musical performances altogether, which panicked the local musicians' union, which also believed it would have to pay licensing fees.

ASCAP won a few critical court victories that ensured its position, however. The U.S. Supreme Court ruled that performances need not be ticketed to count as for-profit, and therefore subject to copyright law. At the end of its first year, 85 hotels were paying the Society $8.23 per week to license its catalog.

鬼の手 (Edward III), Thursday, 26 February 2009 21:46 (seventeen years ago)

so people have been having this discussion for approx 100 years

鬼の手 (Edward III), Thursday, 26 February 2009 21:50 (seventeen years ago)

Update on case involving pub in Providence:

www.projo.com
Patrick’s Pub in Providence fined for violating copyright laws
01:00 AM EST on Saturday, February 28, 2009
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE — Patrick’s Pub, a favorite Smith Hill political haunt, will pay $14,000 over three years for violating federal copyright laws.
The copyright holders sued the pub and its owner, Patrick T. Griffin, last year for violating laws four times when a band played reggae legend Bob Marley’s “Is This Love,” Tom Petty’s “The Waiting,” the Grateful Dead’s “Friend of the Devil” and “Ventura Highway” by Dewey Bunnell one night last February. They had sought $750 to $30,000 for each violation.
“He obviously learned his lesson in a costly fashion,” Daniel P. McKiernan, the pub owner’s lawyer, said of his client in the wake of the consent agreement reached yesterday in U.S. District Court.
Though the suit was brought by the copyright holders, it was the American Society of Composers, Authors and Publishers that pursued the case. A membership organization of more than 330,000 composers, songwriters and music publishers, ASCAP requires bars, restaurants, nightclubs and even stores to pay license fees to gain unlimited access to its repertoire of millions of songs. Royalties are then distributed to publishers and writers, according to ASCAP.
Griffin repeatedly rebuffed efforts to get him to enter a license agreement, according to Richard Reimer, a lawyer for ASCAP. As a result, an ASCAP investigator went to the pub and saw the performance. Griffin has said he mistook ASCAP’s pursuit of a license as a scam.
McKiernan said the pub now has a license agreement with ASCAP and all appropriate copyright organizations.
Patrick’s Pub will hold a fundraiser called Save the Music Party on Thursday to help raise money to pay for the settlement, McKiernan said.

Jazzbo, Saturday, 28 February 2009 15:19 (seventeen years ago)

yeah, that made the front cover of the providence journal this morning

鬼の手 (Edward III), Saturday, 28 February 2009 16:41 (seventeen years ago)

in earlier new stories about it, the owner was portraying their music use as olden irish folk fiddlers and such. then dude gets logged one night they're playing marley, petty, the dead, etc.

鬼の手 (Edward III), Saturday, 28 February 2009 16:47 (seventeen years ago)

so people have been having this discussion for approx 100 years

this is correct - ASCAP hasn't "started" doing anything, this is what they do. BMI too. I wish it were possible to selectively say "venue holds fewer than 100 ppl (i.e. locally owned coffee shop, they get a pass" but that'd be giving Starbucks the same pass as Joe Who Runs Java The Hut (home of the bottomless Wookie) or whatever, and really, no

Whiney G. Weingarten (J0hn D.), Saturday, 28 February 2009 17:10 (seventeen years ago)

yeah, when I worked for BMI I had (still have) conflicted feelings about some of the policies. for some reason this topic approaches middle east levels of intractable positioning when it comes to workable solutions. I've been involved in many "what are the acceptable exceptions" discussions and they will srsly make yr brane hurt.

鬼の手 (Edward III), Saturday, 28 February 2009 17:14 (seventeen years ago)

Is there a union for musicians who don't care about copyright, who can use funds to defend those accused of these things. There should be.

dowd, Saturday, 28 February 2009 17:16 (seventeen years ago)

creative commons?

鬼の手 (Edward III), Saturday, 28 February 2009 17:17 (seventeen years ago)

check out that as220 link above, I think it talks about it

鬼の手 (Edward III), Saturday, 28 February 2009 17:17 (seventeen years ago)

also not to get all thread pendant-ah here but ASCAP/BMI don't represent all musicians, just songwriters

鬼の手 (Edward III), Saturday, 28 February 2009 17:19 (seventeen years ago)

They don't lend funds for cases, do they? Plus they are pretty much US based, while there are opposing groups throughout Europe (the world). (I was just wondering, I wasn't stating an opinion on this either way - it just seems like the prosecutors have the benefit of collective protection, without those defending having it).

dowd, Saturday, 28 February 2009 17:21 (seventeen years ago)

There was meant to be a ? after 'the world'. I don't think Europe is the world.

dowd, Saturday, 28 February 2009 17:22 (seventeen years ago)

Is this a possible reason why the three tribute bands in Seattle for The Cure, Bauhaus & New Order seemed to have dropped off in their gigs?

Gothy McGoth (Bimble), Saturday, 28 February 2009 19:27 (seventeen years ago)

Bimble, let the record reflect that I think you are a lovely person for reals and so I have resisted the open goal you just gave my nostalgia-bashing pig-ornery self.

Whiney G. Weingarten (J0hn D.), Saturday, 28 February 2009 19:40 (seventeen years ago)

Java The Hut (home of the bottomless Wookie)

real life LOLS

sleeve, Saturday, 28 February 2009 19:55 (seventeen years ago)

this happened maybe 10 years ago to a coffeeshop a good friend of mine used to manage, her solution was to ban ASCAP discs from being played instore.

sleeve, Saturday, 28 February 2009 19:56 (seventeen years ago)

sleeve you know I bit that joke from here rite, don't wanna take credit for LOLs not rightfully mine

Whiney G. Weingarten (J0hn D.), Saturday, 28 February 2009 20:06 (seventeen years ago)

ha, OK, still funny.

sleeve, Saturday, 28 February 2009 20:15 (seventeen years ago)

eleven months pass...

Bruce Springsteen is showing a midtown bar who's The Boss.

The rocker slapped Connolly's Pub & Restaurant on W. 45th St. with a copyright infringement lawsuit Wednesday.

He claims the bar hosted a band on Aug. 9, 2008, that performed three of Springsteen's hits - and charged customers a cover fee.

Venues that host live performances are supposed to pay an annual licensing fee to the American Society of Composers, Authors and Publishers, which doles out royalties.

Springsteen had no comment, but ASCAP officials said the point of the action was to protect all songwriters.

"It's not about him as a recording artist," said Vincent Candilora, ASCAP senior vice president for licensing. "In this instance, he's simply a songwriter with rights."

The band, which was not identified, allegedly played three songs that night: "Growin' Up," "Because the Night" and "You're No Good," which was written by Clinton Ballard Jr., a co-plaintiff in the case.

Connolly's, which did not return calls for comment, could face a $30,000 fine for skipping out on what would have been a $2,700 licensing fee, Candilora said.

He said the suit was aimed at leveling the playing field for other bars in New York that do pay the licensing fee, which is based on occupancy.

"We had been after them (Connolly's) for complying for over two years, so it's not so much about who or where," Candilora said.

"Why should those places that are complying with the law be at a competitive disadvantage?" he said.

Joe Cumia plays guitar in the band 2U, a U2 tribute band that has rocked out at Connolly's many times.

"I think any venue that makes money from live music should be paying the artist in one way or another," he said.

But he said he also thinks a lawsuit might not be the best way to make that happen.

"It's absurd for him (Springsteen) to go after a little pub when he's selling records and making dough," Cumia said.

"Bruce doesn't need the $8 a month that he'd get from this band playing at Connolly's."

velko, Friday, 5 February 2010 03:00 (sixteen years ago)

Nothing Compares 2U

Enoki Doki (Paul in Santa Cruz), Friday, 5 February 2010 03:25 (sixteen years ago)

HOME TAPING IS KILLING MUSIC

chocolatepiekid, Friday, 5 February 2010 23:54 (sixteen years ago)

"This song is Copyrighted in U.S., under Seal of Copyright #154085, for a period of 28 years, and anybody caught singin' it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do."

- Woody Guthrie

chocolatepiekid, Saturday, 6 February 2010 00:41 (sixteen years ago)

http://www.shorefire.com/index.php?a=pressrelease&o=3650

FOR IMMEDIATE RELEASE
February 4, 2010

Statement

In regards to the ASCAP lawsuit against Connolly's Pub and Restaurant,
ASCAP was solely responsible for naming Bruce Springsteen as a plaintiff in the lawsuit. Bruce Springsteen had no knowledge of this lawsuit, was not asked if he would participate as a named plaintiff, and would not have agreed to do so if he had been asked. Upon learning of this lawsuit this morning, Bruce Springsteen's representatives demanded the immediate removal of his name from the lawsuit.

might seem normal (snoball), Saturday, 6 February 2010 10:04 (sixteen years ago)

one year passes...

anonymous takes down BMI site, apparently they don't know about ASCAP and SESAC

http://www.huffingtonpost.com/rick-carnes/anonymous-attacks-songwri_b_834331.html

I love victorias but I've chosen maidenform (Edward III), Friday, 11 March 2011 19:08 (fifteen years ago)

unless they're saving them for later

I love victorias but I've chosen maidenform (Edward III), Friday, 11 March 2011 19:08 (fifteen years ago)

eight years pass...

what was originally described ITT was terrible and an example of the music industry whores crushing the little guy but I do kinda wish somebody would whisk off all of the people that play acoustic guitar in restaurants because I can't enjoy my monte cristo sandwich if I have to hear somebody doing Doobie Brothers covers with a shitty acoustic and one of those programmable amps that plays drums and bass and shit

sorry for butt rockin (Neanderthal), Thursday, 5 March 2020 04:07 (six years ago)

The Potbelly next to work stopped having those guys set up at lunch thank god.

Greta Van Show Feets BB (milo z), Thursday, 5 March 2020 05:49 (six years ago)

i always want to wait for one to flub a chord progression so I can scream out the right chord

sorry for butt rockin (Neanderthal), Thursday, 5 March 2020 05:51 (six years ago)

"THAT'S Am7/C, you moron!!!"

sorry for butt rockin (Neanderthal), Thursday, 5 March 2020 05:51 (six years ago)

my high school choir teacher used to come to a restaurant I worked at and we had stayed in touch and we had this one singer/guitar player that came every week and she wrinkled her nose and said "if I knew that guy would be playing I'd have stayed home"

sorry for butt rockin (Neanderthal), Thursday, 5 March 2020 05:52 (six years ago)


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