From: david@roth-music.com (David A. Roth)
Newsgroups: rec.music.synth,rec.music.makers,comp.music,alt.emusic
Subject: Re: Copyrights
Date: Sun, 11 Oct 92 13:17:16 EST
Organization: DAVID A. ROTH MUSIC
Reply-To: david@roth-music.com (David A. Roth)
X-Mailer: uAccess - Macintosh Release: 1.5v4


In article <1992Oct9.215454.27575@nsisrv.gsfc.nasa.gov> (rec.music.synth,rec.music.makers,comp.music,alt.emusic), wes@ian.stx.com (John S.) writes:
> 
>   Just saw this today in "City Desk" column of the October 9th issue of
> the Washington City Paper:
> 
> 	HOT JAZZ  "My Funny Valentine" and "Take the 'A' Train"
> 	are such chestnuts that it's hard to believe their 
> 	copyrights are still valid. But they are (copyrights
> 	last the composer's lifetime plus 50 years). And Takoma
> 	Station Tavern, the live-music club just inside the
> 	District line, has run afoul of the copyright cops at
> 	the American Society of Composers, Authors, and Publishers
> 	(ASCAP) for allegedly playing those old Rodgers & Hart 
> 	and Billy Strayhorn standards without paying performance
> 	royalties. ASCAP sued the tavern in federal court, seeking
> 	up to $100,000 in damages for unauthorized playing of the
> 	two ASCAP-licensed tunes and three others by Chick Corea,
> 	Dizzy Gillespie, and Jimmy Van Heusen during April and
> 	May. The real aim of the suit, though, is to prod Takoma
	        ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 	Station into signing a licensing agreement with ASCAP,
	^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 	something that the tavern has resisted for years. ASCAP
	^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 
> Anybody else here get the opinion that maybe ASCAP is getting a little
> greedy?

About as greedy as you wanting a paycheck from the goverment or where
ever you work.

Broadcasters like club owners in general pay a fee to BMI and ASCAP as part of the
blanket license agreement assigned to them on the part of the composers
and publishers.  They are only acting in the interests of it's members
which in this case might very well be the composer's estate.

I'm an afflicated Writer/Publisher with BMI and if someone were using
my works without payment I would be upset and expect no less than
BMI to protect my interests.  That's the reason I joined them because
as an artist I couldn't hope to collection and keep track of payments
by myself.

> First off, shouldn't they be going after the bands instead of
> the bar?

No, bars like broadcasters pay a fee for the blanket license to BMI
and ASCAP each year which allows them to play anything assigned to
BMI and ASCAP as much as they like by either a jukebox or bands. 
Club owners are not required to log performances.  There are random
audits that occur though.  They show up and log the evenings performances
of various songs.  It's all part of these complex system they use
for payments too.


>  The bar doesn't tell the band what to play.I'm not saying
> there shouldn't be copyright laws. I just don't feel a bar owner should
> have to pay for the right to hire a band that might do a cover of an
> old standard that most people in the audience, a) have heard performed
> by other bands, and b) recognize as being a cover of an old standard,
> if they don't actually know the original composer. 

This is the reason for the assignment and charge of the blanket fees
to ASCAP and BMI.  The costs by the way are pretty low.  A piano player
who played in a local club in Columbus looked into it and found out
it was around $250.00 a year for the club owner.  No great hardship
and certainly far less than a license to sell drinks.  Also, copyright
has nothing to do with performance payments through BMI and ASCAP.
When a song has been assigned to BMI or ASCAP as part of the blanket
license agreement *anyone* can play the song as much as they like
in a live performance or broadcast it.  The club owner or broadcaster
is only required to pay their yearly fee.  This does not mean you
can use the music in a film without obtaining sync-rights from the
composers/publishers and if you want to release the actual performance
on an album that is another matter altogether.
> 
> I'm curious what others here think about this.

BMI and ASCAP are the keepers and watchdogs for the composers and
publishers music being used in broadcast and live performances.  Without
it, it would be impossible for money to be tracked and collected.
It's no different than an inventor of a patent expecting to get pay
for the use of with invention, expect the performing rights societies
like BMI and ASCAP take care of the admin and legal details.

David
david@roth-music.com