I just found out that my band's little gig at a local brewpub (this is Northern California) has been cancelled because the pub has received a cease-and-desist order and is being sued by ASCAP and BMI for royalties related to music being performed at the pub.

The owner told me, "We don't make money on the live music; most of the time we break even. I don't mind paying these agencies $400 or so per year, as I have been doing, but now they want something on the order of $20,000 annually. There is no way I can pay that." She also said that she had heard of other local venues being pursued in this manner by ASCAP/BMI.

Now, my band rarely performs copyrighted material; most of our repertoire is traditional, therefore does not fall within these agencies' purview. The owner said her lawyer is checking into that aspect, but "a cease-and-desist order means no more live music at all".

To my mind, this is tantamount to a shakedown of small establishments, and could well lead to the demise of the band, which would suck bigtime.

Any thoughts or comments?