Austin Hip Hop venue gets sued by ASCAP
billbradley You want BBQ sauce? Get the fuck out of my house. 2,860 Posts
edited March 2006 in Strut Central
Nasty's hosts the longest running Hip Hop weekly in Texas.http://www.bizjournals.com/austin/stories/2006/02/27/daily27.htmlNasty's, Spill face the musicThe American Society of Composers, Authors and Publishers filed 24 copyright infringement actions against nightclubs, bars and restaurants in 11 states, including two in Austin.Spill, which is in the Sixth Street entertainment district, and Nasty's, which is near the University of Texas campus, allegedly played copyrighted works of ASCAP's songwriter, composer and music publisher members without gaining permission, resulting in lost income for the writers and publishers.The manager of Nasty's declines to comment. A representative of Spill couldn't be reached for comment.The suits against Nasty's and Spill were filed Monday in federal court in Austin. The legal action was announced Wednesday."ASCAP is simultaneously filing these 24 actions to create awareness among music users and the public that it is a federal offense to perform copyrighted music without permission," says Vincent Candilora, senior vice president of licensing at ASCAP. "With many of these cases, ASCAP's licensing efforts have been ongoing for well over a year, so they have had plenty of time to do the right thing."He says ASCAP is seeking $10,000 to $100,000 in damages each from Nasty's and Spill and has been "chasing them for a number of years."ASCAP provides businesses playing recorded or live music the opportunity to receive permission through a license covering more than 8 million copyrighted songs. Candilora says 451 establishments in Austin are licensed correctly and are paying dues.Vince Abbatiello, ASCAP vice president of sales and director of general licensing, says: "When business owners ignore their obligations and violate federal copyright law, they are actually stealing from the songwriters and composers who created the music compositions that those businesses are using."ASCAP operates on a nonprofit basis, with 86 percent of its license fees going directly to its more than 230,000 members, Abbatiello says.[email]firstname.lastname@example.org[/email] | (512) 494-2522
oh shit.. i dj'd there for like 4 years... woah.
from the FAQ:
"2. How much will it cost to obtain an ASCAP license to perform music?
The annual rate depends on the type of business. Generally, rates are based on the manner in which music is performed (live, recorded or audio only or audio/visual) and the size of the establishment or potential audience for the music. For example, rates for restaurants, nightclubs, bars and similar establishments depend on whether the music is live or recorded, whether it's audio only or audio visual, the seating capacity of the bar or restaurant, the number of nights per week music is offered, the number of musicians, whether admission is charged and several other factors.
Concert rates are based on the ticket revenue and seating capacity of the facility. Rates for music used by corporations ("Music In Business") are based upon the number of employees. College and university rates are based upon the number of full time students; retail store rates depend on the number of speakers and square footage. Hotel rates are based on a percentage of entertainment expenses for live music and an additional charge if recorded music is used.
Because ASCAP has over a hundred different licenses and rate schedules, one will likely fit your needs. ASCAP operates under the principle that similarly situated users should be treated similarly. This assures fairness and consistency in our licensing. For example, rates for restaurants of the same size, with the same use of music are the same regardless of whether the restaurant is in Oshkosh or New York City."
Nasty's is being sued because dj's play records there once a week???
Many moons ago I owned a coffee house where bands played and also we had a juke box. ASCAP or BMI, I forgot which, sent me a letter and followed up with a phone call. They wanted some money because of the jukebox and bands playing cover songs. I told them the juke box was free and all bands played original music, I didn't allow covers. They never called again.
a few thousand a year can make or break a lot of places.
Bye bye, Monday night dj's at Nasty's.
Is ASCAP going to sue me next for playing records, even promos at times, for myself, my wife, and my child? Sometimes I even sell records for profit on eBay. Why not tax me a few thousand dollars a year?
From DJ Mel:
"I agree, it is bullshit. I've always felt this way before this happened...
It's funny, because ASCAP is not based in Austin...they are based in San
Antonio and they check out the bars DURING THE DAY WHEN THEY ARE CLOSED. So
the reps assume the business are playing recorded music from the posters
that are hung in front of buildings.
Also, ASCAP never tells you about the extra charges they slap on to the
dues for people dancing in your establishment and other random nonsense...
What's even worse, that's just ASCAP. Bars also have to deal with BMI and
SESAC. Fuck that shit.
I have talked at length with the owner of Nasty's. He's consulted his
lawyer and he seems pretty chill with it. I think the bar will be ok...
Now it's a good time for everyone on this list to become reacquainted with
the bar. Stopping by and having a few beers might help in the cause.
Btw, my weekly there will reach the ten year mark in April. Start
Have a good day!
Your giving them idea's... They are reading this right now...
I remember a few years back when they were talking about going after crazy fee's for streaming radio. Even small 3-5 listener home radio shows... I can't remember the charge.. But it was something crazy in the beginning.
You gotta pay to play in the USA. Lets all sing God Bless America.
It's everywhere in the first world...if you wanna be free of those problems, open your club in mexico or poland...and while i somehow do agree with the existence of such organsiations, they are of course a pain in the ass too...especially their high level of bureaucracy eats alot of their income and they always try to keep themselves fat and working with alot of offices....same shit here, different toilet...
"ascap makes your hands clap"[/b]