ASCAP

[mward69]

I work at a local bar that has bands {cover} We had an ASCAP guy came by the other day. Now they {the bar} pay their monthly dues. And he didn't go into details of the "meeting"
Are they really threatened by local cover bands? I understand if the band was selling CD's or really ripping of the original artist, but seriously...from what I had read and hear about ASCAP cracking down up in the northern area....basically, if you don't join or pay dues, you can't have cover bands, a juke box, or even karaoke......KARAOKE???? C'mon, these guys seem like the strongarms of the mob....
if I was a signed artist, I wouldn't mind a local bar band doing a cover of my song, now if they were to get airplay, or sell CDs on the market with my tunes, that's a whole new issue, but a Bar???

***Sorry if this is in the wrong forum, but thought this fell under performance***

 

[IanStephenson]

Thats what ascap DOES. Nothing malicious, just collecting money for use of their property rights.

And while I'm sure you wouldn't mind YOUR local bar playing one of your songs... After all you're only loosing a dollar a year right? What about the hundred other bars in the city? Or the hundred other cities? All over the world? It's a HUGE part of song writers revenue.

If you had a commercial song that you owned the rights to, then those performing rights are whats going to put your kids through college.

Ian

 

[unbasslichkeit]

First year I went to Nashville I was in a bar with a huge hand-lettered sign on the bandstand which said "NO ASCAP SONGS WHAT SO EVER" and they meant it, too.

If a PRO guy ever comes to your gig and is not nice, you could always try the aggressive approach, to wit:

"Excuse me, I have a question. I'm one of your members, I've written songs and registered them with your organization, and I've never seen any royalties since. So tell me - WHERE IS IS IT !!!? WHERE'S MY %&^$#@ MONEY?????!!!!!! I WANT IT, *&^%$# !!!!! NOW!!!!!!!!!!!"

 

[mward69]

I understand loosing music via Internet DL's. Yes a songwriter or band can loose money if the user is Dling ans burning CDs to sell.
A bar band playing cover songs I personally don't feel it's a threat to the bands we cover. The bar is making money on bar sales. We are just playing tunes. I am reading up on ASCAP so I understand them better, but as of now...just seems to be a little to strong armed on the local bar scene.

 

[Chazinroch]

Yesterday we had a club call us and cancel all of our dates due to an ASCAP issue. I really think the club has a practice of double booking bands and they taking the better deal since this has happened to other bands before. Anyway this is taken directly from the ASCAP web site. I hope they don't sue me for copying this...



Shouldn’t the band or DJ obtain the license?
Under the law, owners or operators of establishments are responsible for performances on their premises. Technically, everyone who participates in an infringing performance is liable and copyright owners can sue the owner of a club as well as the members of the band or the disc jockey who actually gave the unauthorized performance. In practice, the owners obtain licenses as a cost of doing business.

For more than 70 years courts have consistently held that those who operate facilities or sponsor events at which copyrighted music is performed publicly may not avoid their responsibilities under the United States Copyright Law by attempting to shift those responsibilities to their entertainers. Courts have held liable as an infringer the owner of a club who had insisted that his entertainers sign agreements stating that they would not perform ASCAP music and posted signs stating that.

 

[mike_v_s]

I understand loosing music via Internet DL's. Yes a songwriter or band can loose money if the user is Dling ans burning CDs to sell.
A bar band playing cover songs I personally don't feel it's a threat to the bands we cover. The bar is making money on bar sales. We are just playing tunes. I am reading up on ASCAP so I understand them better, but as of now...just seems to be a little to strong armed on the local bar scene.

The point is that the bar is either drawing crowds in or keeping them there for drinks with the performances of a song or songs that somebody wrote. A certain percentage of those clients (beer drinking patrons) are only at that bar because of the music. How many times have you chosen the evening destination based on the music?

For us, there were two considerations: quality of female clientel and the music. The bar is making money off of the artists. They should be reimbursed.

Mike