General Discussion
In reply to the discussion: Open mic nights at bar lead to lawsuit from BMI over music, ask for $121,000 [View all]HooptieWagon
(17,064 posts)First of all, before I begin my rant, let me say I'm entirely in favor of songwriters collecting royalties due them. But ASCAP is nothing but a legalized extortion racket.
First of all, in determining who is being played, ASCAP only tracks commercial radio, TV, and movies. Next to no sampling is done at college or community stations, or at live performances. So, unless you are a pop star, you will never see a dime in royalties. Suppose you disagree with this? Tough shit, only artists who receive royalties are allowed to vote.
Second, ASCAP files suit against any venue not paying them. Fees are over $5000/yr for a small bar or pub. In these suits, the presumption of guilt is on the bar-owner to prove no ASCAP registered song was ever played. This might seem easy...just keep a playlist, right? Not so fast...ASCAP allows registering not only original songs, but arrangements of covers. There might be a hundred arrangements of "Happy Birthday To You" or of "Let it Be". A simple set list can't prove one of those arrangments wasn't played.
Third. If a venue isn't paying a fee to ASCAP, no ASCAP registered songs can be played there...NOT EVEN BY THE SONGWRITER THEMSELF!!! So, if you're a fledgling singer-songwriter, and you want to pick up some extra money by playing a resturant gig...forget it unless they have paid ASCAP.
Fourth. ASCAP takes in something like $7 billion a year. There is no requirement to distribute royalties, that only happens after expenses are covered. So, they have a fancy building in NYC, earn fat salaries and bonuses, and have squads of lawyers sitting around waiting to file lawsuits. No bar or resturant has the resources to fight them.
I could go on and on about these crooks...afterall, they're the ones that sued the Girl Scouts over the Campfire Songbook. But, if you go out, and find yourself lamenting that there's no good local music...all the places have jukeboxes, DJs, and Karaoke ( which are covered under different rules), then know that the blame lies with ASCAP, BMI, SESAC, and the other licensing companies. They have simply made it too expensive for small venues to have live music, and bands have few places to play and get experience.
I have been urging local songwriters to register their songs instead with the US Copyright office. Its about 10% the cost. They don't collect royalties for you, but most local musicians are thankful for any little airplay they get, and the royalties would have been a few pennies. Exposure is much more valuble. Also, US Copyright office has lawyers who will aid your defense to play your own music whereever you want, should ASCAP try to sue you. Usually though, ASCAP doesn't sue musicians (who have little money)...they go after the business owners.