ASCAP Hassles

Subject: RE: ASCAP Hassles
From: GUEST,Jeff
Date: 09 Aug 08 - 02:28 PM

Texas Guest has it mostly right. When the reps get up in your grill they're hard to ignore, but cite the rules stated in the above post and the extortion attempts will stop. Just know that for the fee charged the writer(s) in question receive NONE of that money. It's all taken up in 'administrative costs'. We(writers and publishers) receive payment for mechanicals(sales) and airplay(T/radio, TV, S/radio, film, etc.),but the 'small concert', clubs, etc. is where the reps 'make their bones' and establish their 'reps' to the 'bosses'. If they can intimidate a potential music venue into paying the fee or stopping music altogether it makes no difference to them. That's what they get paid to do. But TG is right, they do have to prove a given venue is in violation by citing specific instances of same.

There's a couple of books long out of print, but very insightful. 'Making It With Music' by Kenny Rodgers and 'Leap Of The Smalltime Frog' by Mike...somebody, I can't recall his last name, but he played alot of college gigs in the 70s and 80s. They're small books(less than 100 pages) and are ruthlessly cynical re the music 'business'. But VERY educational.

Subject: RE: ASCAP Hassles
From: GUEST,Texas Guest
Date: 09 Aug 08 - 12:40 PM

Suffice to say that I have some experience with ASCAP - a good organization, to be sure, but the field reps can be a blinding pain in the ass. Your action? If it is the case that your only performers are singer-songwriter types who perform nothing but their own material, and, any recorded or taped music you may use at any time prior to or after the show to appease the audience is of those same folks - you can ignore them.

Why can you ignore them? It is their responsibility to prove that you are in violation of the copyright laws and that will take more than one monitoring of your shows followed by research on the music they heard, etc. Then they will have to come back to you citing the songs they heard that violate the laws; then, offer you another chance to pay the required fee.

The bottom line is that if they have to go into court to collect their money, they must cite violations of copyright laws where their artists are concerned or they have no case and it is a waste of their time.

I don't know anything about the bookstore in your town that went out of business, but I would suggest that ASCAP was not the cause of their demise. If the store was using recorded music or live music that falls under the jurisdiction of ASCAP then there is a fee involved, but it's not life threatening. ASCAP was probably one of several issues that bookstore was dealing with before they closed down and ASCAP became a convenient scapegoat; but, ASCAP is not in the business of putting businesses out of business.

Finally, you may also have to deal with BMI, SESAC, and any other new ones that I'm not familiar with that have cropped up in the last twenty-five years or so; but, the same rules apply. Good luck.

Subject: RE: ASCAP Hassles
From: GUEST,Jeff
Date: 09 Aug 08 - 11:52 AM

Find out the name of the regional rep, cut them a flat-rate check for a reasonable amount and factor it into your budget. Otherwise, they will NEVER leave you alone. It's not about writers' royalties or the protection of music creators, it's about showing the 'higher ups' they're doing their job. Legal intimidation, if you will. Promotions and corner offices w/views are at stake. I'm a registered ASCAP writer/publisher and have voiced my concerns re 'public performance' tactics myself. I'm a grass roots guy and it makes my stomach turn. And don't forget about SESAC. They're not as big, but their dogs bite, too.

Subject: RE: ASCAP Hassles
From: Peace
Date: 09 Aug 08 - 11:49 AM

If you are breaking the 'law' by performing someone's work without compensating them then they have the right to 'go after you'. If you are not, tell them to get fucked.

Subject: ASCAP Hassles
From: Calico Jenny
Date: 09 Aug 08 - 11:38 AM

Our concert series is being plagued by ASCAP collectors, even though we stick to traditional or singer/songwriter stuff. Does anyone know how to call off the dogs? I recognize that ASCAP/BMI protect music creators. On the other hand, if the organization squelches live performance venues in the process, what's the point? As a singer/songwriter myself, it's very frustrating to hear that ASCAP has closed someone down (the local bookstore comes to mind) or has annoyed/threatened the proprietors so much that they were afraid to continue.

Is anyone aware of a good boilerplate letter that can be used to tell these guys to back off? Where I can go/who can I talk to to get well informed on this issue?

Calico Jenny