ASCAP - Here comes the pain!!!
DOR
Two Ron Toe 9,900 Posts
DJ's, how many of you are breaking the law??? Watch ur back!http://seattletimes.nwsource.com/html/businesstechnology/2003815486_royalty01.htmlMusic suit creates discordBy Kristi HeimSeattle Times business reporterA Seattle restaurant is among more than two dozen venues swept up in a music-licensing crackdown for allegedly failing to pay royalties to play copyrighted music in public.Without a special license, owners of bars, clubs and restaurants could be sued for playing any one of 8 million recorded songs, even from their own CDs.The American Society of Composers, Authors and Publishers (ASCAP) says that equates to performing copyrighted music without permission, and the group is going after local businesses that haven't paid them for the privilege.On Monday, ASCAP said it had filed 26 separate infringement actions against nightclubs, bars and restaurants in 17 states. Among them is a lawsuit in U.S. District Court in Seattle against the Ibiza Dinner Club downtown.The group sued to spread the word that performing such music without permission is a federal offense, said Vincent Candilora, ASCAP senior vice president for licensing.On Tuesday, Ibiza owner Abi Eshagi said he had not received information from ASCAP regarding a lawsuit and insisted his restaurant did not violate any rules.ASCAP says that besides broadcasting songs over the radio, television and Internet, the definition of performing copyrighted music includes playing it "any place where people gather," with the exception of small private groups.For restaurants, that includes playing songs as background music, by a DJ and even music-on-hold over phone lines, according to ASCAP's Web site."As long as it's [played] outside a direct circle of friends and family, it is considered a public performance," Candilora said. "A musical composition is somebody's property."ASCAP alleged that a DJ at Ibiza played three copyrighted pop songs without paying a licensing fee, which Candilora calculated would have cost Ibiza $979 a year, considering the size of the venue and the type of performance."I think it's absurd," said Eshagi. "Not only DJs have bought that music, I also subscribe to an online music-use service, and I'm also paying the cable company for the same thing. I don't know how many times we have to pay for a song."ASCAP, whose 300,000 members include such artists as Coldplay, Dr. Dre, Avril Lavigne and Elvis Costello, has investigators working in cities across the country to identify new restaurants, bars, theme parks or other establishments where music is used, Candilora said.They visit venues to find out what songs are being played, then check to see whether the owner paid for a license.While many business owners may not be aware of it, such legal action is becoming common, said Eric Steuer, creative director of Creative Commons, a nonprofit organization that has been critical of current copyright laws and supports alternative licensing plans.The hardball legal tactics resemble when the recording industry sues students, Steuer said."What I don't think many venue owners ??? nor probably the majority of DJs ??? understand is that almost all of the music that they play requires a performance license," Steuer said. "I think that there's a misunderstanding that because music is 'indie' or not widely known, that it's OK to play."Many DJs get music free from record labels so they can play and promote it, Steuer added. "I'm sure that they'd never imagine that they're committing a federal offense by playing this stuff without paying for the right to play it."[/b]ASCAP is seeking up to $30,000 in damages per infringement from Ibiza. Candilora said the group has tried for two years to get the restaurant to comply with its requests.Eshagi said he plans to fight. He said he was contacted by an ASCAP representative by phone and had asked the group to send a list of songs they claimed were infringed.Eshagi said he told ASCAP he pays for two music-subscription services."I don't really know what is the basis for [a lawsuit]," he said.
Comments
i don't think paying $970 dollars a year is such a hardship. its actually a steal, considering that it is technically a copyright violation everytime you play an artist's music (even if it is on a cd) at a commercial establishment. if music isn't helping your business, don't play any. if it is, than why shouldn't the artists benefit?
That would be this:
There is this exception though:
The venue pays a blanket license fee to ASS-CAP, BMI and any other foreign performing rights societies it thinks might conceivably shake 'em down for it. That way the venue can play any of ASCAP's repetoire in a given year rather than pay fractions of cents each time a copyrighted work is performed.
But if you don't have the blanket license, then ASCAP can sue the venue for copyright infringement.
Think of it like you would Mob 'protection' money.
This is not true, DJs do not need to pay royalties, the venues do.
And yes, obviously places like Ibiza should be paying royalties, and no, most restaurants should not. There is a huge difference between going to a music venue to hear music and going to a restaurant for food and hearing background music. Has anyone ever said, "Hey, let's go to _____ restaurant," they play the THE BEST Muzak stations!
one of these dudes came to one of shingaling's gigs a few years ago and the "Fee" assessed on the music played...23 cents...the bartender gave him a quarter and told him he could keep the change...
That certainly feels true, but the issue has been litigated and restaurants or other venues who provide live bands (playing popular (copyrighted!) songs or whatever) or in some other way 'perform music' (playing CDs on a boombox) are liable and must either pay the blanket license or DEAL judicially.
I know this, I'm just saying it's dumb and counter-intuitive. Sounds like the restaurants should have gotten a better lawyer.
Hate to break it to you, but djs are not exempt. ASCAP is going after restaurants but they could choose to go after djs as well. Its the same legal principle. In fact, if your djing at a restaurant or small bar, it might be in your interest to find out if they are paying the ASCAP fee (which would cover your music).
As to a restuarant playing Muzak...i'd imagine that the ASCAP yearly fees would be minimal and you'd be a very unlikely target of them if you chose not to pay it.
I honestly don't understand the thinking in these threads. I know djs like to think they are providing a service for the music industry but its not your place to say that you speak for an artist who hasnt given you permission. Thats the law. ASCAP fees, imo, are reasonable.
ahhhh! posted the wrong label scan...but Im sure you get my point...
Do you have a statute to back that up? Royalties cannot be collected twice for one performance, and if the venue is responsible, then the DJ is not.
I understand. I've just always wondered how they can sue when things are stamped "For promotional use only". But they can and do...
Shit like this makes me laugh tho.
"This Year It's Hair Salons
Friday July 20, 2007
SOCAN is sending thousands of letters to hair salons and barber shops across Canada reminding them to pay their annual fee for playing music. The collective says it targets a different business group every year - last year it was dentists, now it's hair salons. The fee starts at $95 per year."
But this works both ways, especially if the reason the track is 'promo only' is because it contains uncleared samples (i.e. infringes copyright from the outset)!