ASCAP cracking down - ?
I recently got this email from a friend. Any truth to this?
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Michelle, the owner of the Firetower called me last week to cancel all of my gigs there. She was upset because after eight years of hosting free LIVE music, ASCAP told her they were going to fine her $700 per song if she didn't buy their performance license. The fees vary based on occupancy limits and frequency of performances. For the Firetower's size and performances every Friday night, they wanted $1500 a year ($125 a month, $31.25 a week).
I was the first performer she called so I asked her to wait until I could talk to (Michael) Kakuk. Kakuk told me ASCAP, BMI, and SESAC now have federal law on their side and there is no real choice but to comply. He cited Bert and Ernie's in Great Falls who refused to pay and eventually were under a court order to cease and desist or pay up, which they finally did.
I relayed Kakuk's answer to Michelle who said she has lost an average of $30 a night on music nights, but liked to have the place known as a music venue. This license would double her loses so she has pulled the plug.........starting June 1, no more music there of any kind. Canceled.
Then Jared and I showed up at the Coffee Shack for our gig there last Friday and they said the same thing. Music for them was a hobby, never made or charged any money for it....and the license fees meant no music of any kind for them. Canceled.
I talked to Debbye at Riley's who said the ASCAP people were focusing on Irish Music performances and her response was she would be happy to pay if they can show her who wrote and owns traditional Irish music. It's a matter of time before they get around to the other kinds of music she has there. I imagine she will pay the license fee when it comes down to it.
I researched the license fee and according to ASCAP, they keep 12% and pass on 88% to the various publishing companies who keep half. The other half is paid to authors in their catalog according to a ratio of played airtime for each artist. If you aren't currently played on radio or TV, you get nothing, even though you may have written 'Me and Bobby McGee' thirty five years ago.
ASCAP's definition of public performance is ANYWHERE..... except the privacy of your own home....and then only if it is not for profit. They claim the right to "monitor" all performances anywhere to determine if copyright infringement has occurred. Their response to the folks who claim they only play originals.......is the have monitored those performances and found that many non originals are played also, so they therefore disallow the claim of playing originals...any public performance must have their license.......period.
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Michelle, the owner of the Firetower called me last week to cancel all of my gigs there. She was upset because after eight years of hosting free LIVE music, ASCAP told her they were going to fine her $700 per song if she didn't buy their performance license. The fees vary based on occupancy limits and frequency of performances. For the Firetower's size and performances every Friday night, they wanted $1500 a year ($125 a month, $31.25 a week).
I was the first performer she called so I asked her to wait until I could talk to (Michael) Kakuk. Kakuk told me ASCAP, BMI, and SESAC now have federal law on their side and there is no real choice but to comply. He cited Bert and Ernie's in Great Falls who refused to pay and eventually were under a court order to cease and desist or pay up, which they finally did.
I relayed Kakuk's answer to Michelle who said she has lost an average of $30 a night on music nights, but liked to have the place known as a music venue. This license would double her loses so she has pulled the plug.........starting June 1, no more music there of any kind. Canceled.
Then Jared and I showed up at the Coffee Shack for our gig there last Friday and they said the same thing. Music for them was a hobby, never made or charged any money for it....and the license fees meant no music of any kind for them. Canceled.
I talked to Debbye at Riley's who said the ASCAP people were focusing on Irish Music performances and her response was she would be happy to pay if they can show her who wrote and owns traditional Irish music. It's a matter of time before they get around to the other kinds of music she has there. I imagine she will pay the license fee when it comes down to it.
I researched the license fee and according to ASCAP, they keep 12% and pass on 88% to the various publishing companies who keep half. The other half is paid to authors in their catalog according to a ratio of played airtime for each artist. If you aren't currently played on radio or TV, you get nothing, even though you may have written 'Me and Bobby McGee' thirty five years ago.
ASCAP's definition of public performance is ANYWHERE..... except the privacy of your own home....and then only if it is not for profit. They claim the right to "monitor" all performances anywhere to determine if copyright infringement has occurred. Their response to the folks who claim they only play originals.......is the have monitored those performances and found that many non originals are played also, so they therefore disallow the claim of playing originals...any public performance must have their license.......period.
Views: 2
Replies to This Discussion
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Permalink Reply by Fred Baker on -
This is a tough situation and is an extension of the "Major Label" music business model that has deteriorated because of the copying/trading/bootleging of music files. The big business of years past has fallen apart because a huge industry that once created huge revenues is now a hobby industry. So I believe that any musician that is serious about music and believes that consumers should pay for music, should figure out how venues can pay this fee. Here's an abstract idea, tell the venue owner that the band and house can share the fee of $15.63 each per night. Negotiate with ASCAP for a nightly fee, not a yearly fee or a lower fee. Whatever, be creative about the fee. But if everyone bails, there will be no live music except for major artists. If ASCAP and BMI, etc., fail then it will be yet another deterioration of the music business. As I said earlier, anyone that plays music should like to keep the "Business" in that statement, meaning getting professionally paid. Otherwise, maybe gigging musicians should change the concept of "Business" to "Hobby". Regarding the $1,500 yearly fee, if many businesses stop having live music, then the businesses that do pay, will have a huge advantage being a live music venue. I could go on forever here, but I believe that any musician, that is serious about playing professionally and getting paid, should be happy that the licensing agencies are working to get musicians paid for their writing and recordings. If someone has a huge investment in gear, spent years of his or her life, spent serious money for top drawer recording and mastering and the consumer doesn't pay for the recording and song, it is stealing and the artist is ripped off. So the next time any one reading this wants to go to the Villa and buy a new $3k guitar, I'd think that they would be in support of musicians getting paid real money for their work.
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Permalink Reply by Tammie Jones on -
I think your information is correct and it was only a matter of time before these places were contacted. Interestingly, the Blackfoot River Brewery in Helena, only allows original music to be played for that very reason.
I don't know if ASCAP can enforce licensing of ANY public performance, but I was reading something about a "Blanket License". This is, apparently, a fee that an ARTIST can pay that covers a years worth of performances, if I understood correctly. This MIGHT be a way to get around places that don't have a license of their own, if the artist has a current license. I didn't get far enough to find out what it costs because I was researching other things at the time.
I have 2 CD's I recorded of mostly covers that I've been looking into getting licensed. It was a classic case of putting the cart before the horse out of ignorance. I thought because of the small numbers involved, I'd be able to sell them occasionally at gigs as I've been asked for years. Technically, it's not even legal for me to give these CD's away:( BIG MOTIVATION for me to get busier writing my own stuff:)
There is a way for me, and others like myself to do it legally. I just haven't decided if it's worth it or not. There is a short-term license available for those people making under 2500 copies. There is a fee per song, and a handling fee involved. Music law is a very confusing, complicated, but very neccesary concept. People that don't do music for a living have no compelling reason to learn all the ins and outs. It takes some motivation and digging around, but you can find the information you need. ASCAP has a fairly user friendly site, so does BMI. Use whatever resources of information are available. As a Lawyer/Musician, Mike Kakuk knows what he's talking about. He plays wonderful sax, among other things, and is a darn good singer too:) Tammie
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