OUR SHRINKING VENUES

[coolsongz]

Lately I've heard complaints from several small restaurants and bars about the incidence of one of the big music industry giants threatening or serving cease and desist orders on them for failure to pay royalty fees, up wards from 4k to 8k annually with threat of lawsuit. These are places that do not make direct money off of the music (little or no cover) but rather, gain only from the increased traffic it may bring. upon further research I found an alarming amount of lawsuits having been filed against various restaurants citing "$750 to $30000 per song" in fines. Most were filed within the last year. One of the restaurants The Sequoia in Placerville has ended all live music events and another one The Cozmic Cafe in Placerville was hit up for 4k annually, Jonny Mojo, who I played with last night told me that he knew of a few others who stopped live music as a result of the threat of lawsuit vs high fees. I know that famous musicians/songwriters and producers need their royalties, but should they really be going after small business owners? Didn't all of those famous artists start somewhere? China got hit hard, even the karaoke bars got sued. As of the passing of legislation last Jan 08 under the Bush administration, numerous bars, restaurants, and live events including several concert based benefits and festivals have had the plug pulled. My feelings are mixed on this one, I play 90% original but my buddies who do mostly covers get the short end of the stick if the trend continues. What are your thoughts?

[Richard]

I hope that bullshit doesnt take over the music scene. I heard about that a while ago, about some band playing Led Zep covers, and the venue getting sued.

I have never been fortunate enough to play in an all (or close) original band, I have only played covers. But even so, I think I should be able to play whatever song I want whenever I want. That would be like charging me for singing along to something while stuck in traffic. I dont see how its any different than listening to the song on the radio.

I really hope that its not the artists themselves, but the promoters or producers that are bitching about bar bands playing their stuff. Im not at that level, and I never will be at that level, but if I heard one of my songs being covered by another band, that would be the ultimate. What could be better than hearing one of your songs being played by another band? I think the musicians remember enough where they came from. At least I hope they do.

[coolsongz]

I joined a good friend in his gig tonight and he told me that Jeds just got nailed. No word as to their live music status now, if they will continue to hire musicians or not.

[rand]

I'm thinking that it's just a bullshit way for the record business to make up for their losses due to poor C.D. sales, folks downloading music off of the net, burning copies of stuff on your computer, etc. I agree, Richard, Playing some one elses music ,especially if you do a good representation of it, should be considered a high form of honor and praise to that artist. The venues must not be punished, nor the musicians, for corporate greed. The trickle effect will also hurt music teachers and students trying to learn to play their favorite song by their favorite artist(s) If everyone could only play original music, it would definately cause a trainwreck or two,three at all of the open jams, playing with people you've never played with before. I think it would even create somewhat of an underground, secret society that can only play at home behind locked doors,resembling prohibition of the1920's. I play and listen to others play covers of songs that I and some people may never have heard by the original artists, which prompts me to find out about the original artist and other songs he/they have done. I've been turned onto alot of good music by hearing someone do a cover

[kenb]

The way the laws are set, a place of business that uses any copyrighted, even background music, whether it is the radio, recordings or live music, must pay ascap fees. Yes, the powers that be are hurting and trying to find every means to bolster their income. It is most probably not the artists, though I'm sure they enjoy their royalties. It is BMI and Ascap and the Federal government, using your tax dollars to campaign this issue. And the sad part is they sell it as a Arts program benefit, and get millions of tax dollars to "save our arts."

Quite a few venues are now requiring only original music from the live acts, and no music, (radio, or CDs) to be played unless it is public domain of some sort. Luna's in Downtown does not allow covers, and there are quite a few small clubs that don't allow covers in SF. Most bigger clubs just pay the fees and build it into the cost of business

I may be sticking my nose out some, but I refuse to register any of my music with any titling agency. Not that my songs may ever get big, just a silent protest against big government. And it was not the Bush administration's doing, in fact, they wanted to disband the Arts Council, but that just sounds so neo conservative that it would not pass any Senate or House committee.

[abraman1326]

I knew they could go after places that didn't pay the ASCAP fee's, but didn't think they ever did. It's just another sign of this tight economy. I'm in a cover band, should I start asking the clubs we play if they've paid their dues? I guess they don't realize how many folks can be turned onto a new song by hearing it in a business that's playing something not of their regular genre. Ah well, big business, and big gov't @ it's best...

[davebaldwin]

There is also BMI and SESAC in addition to ASCAP. BMI almost shut down Constable Jack's a couple of years ago because they didn't pay them on time.

[bhack]

Regarding the issue of clubs / venues being hit for fees and related royalties for use of cover music....it amazes me that for so many years way back when it was cover bands that played cover songs which in tern led to greater popularity for many of those same songs. One comment was made that this could also impact private students and teaching situations. While that could also be the case with private lessons, the process of actually trying to monitor that activity seems remote at best, unless we start down the path of NAZI Germany. Clubs are the easier target. The question to consider is if a professional band minds having their material revisited with a different style or interpretation. How many times has the same cover song been redone to the point that it has minimal connections to the original? Then again, how does this issue play out with all these so called tribute bands?
Be well folks.

[thump]

Couple of interesting aspects to this. First, the law is definitely on the side of the royalty gatherers. I ran into this a few years ago at an office building I managed; if you have a radio on playing any currently copyrighted music, and the music is "consumed" by the public (i.e. the tenants and public in the building), you can be subject to payment of royalties. We avoided the issue as the radio was for the primary use of the receptionist. If we had piped the music to the offices, we would have been nailed. Second, Abraham is quite right; the music industry in general is losing control of the product, consequently (like local governments) they are looking for revenue sources lost to direct to consumer producers the internet has spawned, along with losses to those skilled some mass music storage users in downloading music at no cost (thus no royalty payments).

Those of you writing original music who are or hope to make a living at it should be careful on which side of this issue you come down on...

[dropd]

This is nothing new, ASCAP has been around since 1914, SESAC since 1930 and BMI since 1939. ASCAP takes in three-quarters of a billion dollars a year, keeps a hundred million for administrative overhead and sends the rest to publishers and songwriters. Clearly these organizations have a strong financial motive in venues buying performance licenses, but they do collect a lot of money for writers who would otherwise not get paid when their work is used by other musicians. ASCAP does have a reputation for being rather aggressive however, like threatening to sue the Boy/Girl Scouts over campfire sing-alongs without having a license.

Anyone running a bar or club without a performance license seems more than a little unprofessional to me. Unless they won the business in a poker game last week they can't pretend such a license comes as a big surprise to them. This is a standard cost of running a venue, like janitorial services or paying an accountant, who owns a club and doesn't expect to pay this expense?

As for being able to play any song you want whenever you want, seeing it as no different than listening to a song on the radio--well, radio stations need a license from ASCAP or one of the other organizations too, it's just one of the costs they pay every year. That's why it's called the music *business* folks. Nobody runs a radio station or club or record label to lose money, so why should songwriters let anyone who wants to use their work for free?

[defiance]

One way to avoid any 'royalty' issues is to focus on Traditional songs that have no known author or ones that have been carried on through oral tradition. Examples include 'St. James Infirmary' and 'House of The Rising Sun'.

When The Animals recorded the latter song in 1964, it wasn't a 'cover version' since it was not based on an existing recording, but rather an old Work Song from the 1800s.

When the following story popped up a few years back, I personally asked The Doors' manager to please explain the reasoning behind this. He claimed to have no knowledge of it and put the blame on the music publishers for filing suit. He then refused to take any action in an affort to prevent Morrison's name from being exploited for the purposes of profit.

The Doors File Lawsuit Against Fresno Club

May 29, 2006 --
A Fresno nightclub's playlist has hit a sour note with The Doors.
The Fresno Bee reports, the remaining members of the '60s group, as well as relatives of the late Jim Morrison, are suing Ernesto Vera, the owner of Club Fred.

The lawsuit claims the club played copyrighted Doors songs without permission.

This is not the first time a Fresno business has been sued over song rights. Porky's in Fresno was also sued by a different music company.

The suit against Club Fred is asking between $750 to $30,000 for each of the songs played without permission.

abclocal.go.com/kfsn/story?section=news/local&id=4215932

[guidophelledmann]

I have run into this problem before. As a member of A.S.C.A.P. , my song was copywrited. The lyrics and chord changes and melodie were spelled out on paper. With that being said just tweek the tunes that you cover so that they do not represent the original version so precisely, therefore you do not violate copy right law. Futhermore I would love to hear a club band do my one and only copywrighted tune.It's been a long time since I have had that privilige. Dont let these thugs take away your passion. Guido

[questor]

Okay, so a lot has been covered here on the legal aspects.

Nevertheless, is everything in life governed by agents of the law? What about the pedestrians -- the listeners?!

Personally, I would love to see, hear, feel and perform more original music. Yet is today's PAYING crowd really into it?

On the one hand, I hear of _The Long Tail_ by Chris Anderson. Allegedly, musical tastes are expanding. All kinds of original pilots post on the airwaves called MySpace and Facebook. They're free at last, no need for labels.

On the other hand, real life venues confirm higher scores by quoting Jon Anderson. Gaining approval by referring to what people already know is a negotiating tactic from _Getting to Yes_. Ironically, the crowd cheers louder than for our past 10 originals even though the song we're doing is entitled "Owner of a Lonely Heart."

So you've got the niche listeners who amount to maybe 10. You then have the cover listeners who amount to at least 10 times that, and will spend multiples more on food and drink when they're pumped by music that speaks to them. (Hello, tip jar!) That's the kind of Dough the club owner likes, esp. when music education programs keep getting cut, meaning less people learn the fundamentals of Do-Re-Mi.

It used to be people specifically went to hear original music. They'd get dressed and sit attentively to digest the latest compositions by a hokey guy of last name Carmichael. I've been told the Internet opens up people to music they'd otherwise never hear. Does that mean they'll dig[g] your originals locally? Or will they get down more if you do "Get Down Tonight" and "Get Down on It" in the suburb of Carmichael?

Okay, so I guess my only recourse now is to learn tunes from Jackson Browne's "Lawyers in Love," making sure to pay all fees up front. Since adults don't know in 2009 how to negotiate with common sense for all to make money, so be it, especially if 50 is the new 30. (Yes, it is possible for some in our 30's to snort Stardust.)