QUOTE:
technically is no such thing as public domain, since arrangements become property of their arrangers. This is certainly the case with centuries-old classical and folk music, whose copyrights have long since expired, but whose performances are being regulated by ASCAP and BMI as copyrighted arrangements. In fact, ASCAP has over 40 arrangements of Beethoven's Moonlight Sonata on file, and even more amazing, nearly 80 versions of ! Row, Row, Row Your Boat!
It's amazing that ASCAP would have any standing in a court case based on this theory, but without proof that a particular arrangement had actually been used
That is to say, if you record "Row, Row, Row Your Boat", they believe that YOU MUST HAVE learned it from an ASCAP administered arrangement.
What self-serving hogwash. The onus of proving specific infringment is on the party that alleges damage.
Oh, and by the way, if ASCAP and their ilk can't prove that specific administered songs are being performed in a venue, then they can't claim that,"Well, our stuff MIGHT have been performed, so you owe us."
If the bar doesn't play tunes off a commercial radio and plays CDs without ASCAP affiliation, then ASCAP has NO grounds to strongarm the place into payments.
They try to give the immression that they can demand payments with a legal basis behind the demand, but they frequently don't.
Folkie venues CAN stand up against them when they are wrongly accused of infringment!
If enough countersue, then the bastards will have to take another tack.