ASCAP/BMI killing local gigs

Subject: RE: ASCAP/BMI killing local gigs
From: alanabit
Date: 25 Jul 09 - 03:17 PM

Yes. The same disgraceful system is operating in Germany. The GEMA is actually extorting money from places, which put on gigs, when singer-songwriters are performing their own material. I do not think this outrage is known about by the general public at large. It is also quite clear that at the end of the day, it is damaging the prospects of new performers (and in particular singer-songwriters) beyond measure.
The inevitable consequence of this practice is that either fewer pub owners put on gigs, or else that they insist that the musicians themselves accept the responsibilities as "the organiser". That is why I had to pay a fee of 107 Euros for our gig in Lennep earlier this year. (The legal implications of this are dangerous too, because it could mean that the band would be liable for any accidents or injury to third parties). To add insult to injury, they (GEMA) sent me a form to claim for a portion of this fee back - as if offering thirty pieces of silver to musicians somehow made this disgraceful practice any more legitimate.
When songs are known on a commercial scale, I can just about understand that some royalties have to get back to the writers. However, the very idea that singer-songwriters should be entitled to claim extra money for playing their own material is nothing short of a scandal.
Bands playing traditional material should be left alone altogether. In view of the way that those greedy bastards in the publishing industry closed down most of the internet radio at a stroke three or four years ago, I hope they rot in Hell.

Subject: ASCAP/BMI killing local gigs
From: michaelr
Date: 25 Jul 09 - 02:56 PM

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?