#1
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So sad, open mics in my small town shut down by ASCAP licensing
Played a open mic tonight and the Coffee House had to have it on the stage of a local nonprofit art center to avoid ASCAP licensing issues. We have a nice growing downtown with lots of small venues to play but I guess you can't do it unless you have original music. I know it's been talked about here but this is the first time I have seen it in action, just retired and thought it would be fun to play some of my old songs. The day the music died, nothing is just fun anymore. Wonder if George would have really cared that I played "Here Comes The Sun"?
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Steve 2020 McKnight Grand Recording - Cedar Top 2005 McKnight SS Dred 2001 Michael Keller Koa Baby 2014 Godin Inuk 2012 Deering B6 Openback Banjo 2012 Emerald Acoustic Doubleneck 2012 Rainsong JM1000 Black Ice 2009 Wechter Pathmaker 9600 LTD 1982 Yairi D-87 Doubleneck 1987 Ovation Collectors 1993 Ovation Collectors 1967 J-45 Gibson 1974 20th Annivers. Les Paul Custom |
#2
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Isn't the licensing fee just a few hundred dollars per year for a small venue?
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#3
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Composers are entitled to compensation if you play their songs at a public venue. That's the law.
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#4
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2010 Guild F47R 2009 G & L Tribute "Legacy" 1975 Ovation Legend 1986 Ovation 1758 12 String 2007 Walden G2070 2008 Guild D55 Prototype 1998 Guild Starfire IV 2016 Guild Newark St. X-175 Sunburst 1996 Ovation 1768-7LTD " custom " |
#5
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He quoted me $1000? I tried to look online, but it wasn't easy, their site wasn't that friendly.
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Steve 2020 McKnight Grand Recording - Cedar Top 2005 McKnight SS Dred 2001 Michael Keller Koa Baby 2014 Godin Inuk 2012 Deering B6 Openback Banjo 2012 Emerald Acoustic Doubleneck 2012 Rainsong JM1000 Black Ice 2009 Wechter Pathmaker 9600 LTD 1982 Yairi D-87 Doubleneck 1987 Ovation Collectors 1993 Ovation Collectors 1967 J-45 Gibson 1974 20th Annivers. Les Paul Custom Last edited by Doubleneck; 02-17-2017 at 09:20 PM. |
#6
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ASCAP police
Yes Ted, the license fee is often just a few hundred. That's what our free summer concert series pays - for 5 concerts. I imagine most small open mike venues cannot afford that much. In my area these are all held at churches and have a zero budget, depending upon the generosity of those attending to supply food and beverages. Maybe the open mikes held at bars bring in enough extra business to justify the expense, but my bet is that most of them would give it up if confronted with the threat of a lawsuit, which ASCAP is quick to do.
Let's do some hypothetical numbers: if their take was $500 for someone holding monthly open mikes, that would be be over $40 per night. You could get that with 9 patrons paying $5 each. It sounds doable for many. Maybe someone can give us more accurate numbers. My personal problem are with their strong arm tactics and with my suspicion that the songwriters whose songs are featured by local players, that they would receive nothing. There is no way to monitor what was played, and no attempt to do so, so I cannot see how someone who is an ASCAP member, but little known, would ever get their share. Probably someone here can give an explanation. But for me, I was so turned off by the way they did things that, as an original artist, I am unlikely to ally myself with them. I have been told the excuse of having only public domain or original material is not good enough to stand up in court. It's good to keep in mind that legal and ethical are not the same thing, though they are often equated.
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#7
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1. I really think the artists miss a chance to get their music out there with minimal damage. I played "Behind Blue Eyes" people were asking who did that song? Think that may interest some people to listen to The Who? 2. Might makes right, or Big Money talks, UTube seems to be able to hold its own, but a small coffee shop gets a letter, and the inability to defend themselves. It's the brave new world we live in. I remember a time when I could watch the Rose Bowl on Network TV, now you have to give a cut to ESPN. I didn't watch it this year, I cut the cable.
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Steve 2020 McKnight Grand Recording - Cedar Top 2005 McKnight SS Dred 2001 Michael Keller Koa Baby 2014 Godin Inuk 2012 Deering B6 Openback Banjo 2012 Emerald Acoustic Doubleneck 2012 Rainsong JM1000 Black Ice 2009 Wechter Pathmaker 9600 LTD 1982 Yairi D-87 Doubleneck 1987 Ovation Collectors 1993 Ovation Collectors 1967 J-45 Gibson 1974 20th Annivers. Les Paul Custom Last edited by Doubleneck; 02-17-2017 at 09:29 PM. |
#8
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They probably just scan the internet for venues hosting open mic's and compare them against their database of licensed venues and send out a generic cease and desist letter. They probably have a software program that does does all this without much human intervention.
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Wayne J-45 song of the day archive https://www.youtube.com/playlist?lis..._Zmxz51NAwG1UJ My music https://soundcloud.com/waynedeats76 https://www.facebook.com/waynedeatsmusic My guitars Gibson, Martin, Blueridge, Alvarez, Takamine |
#9
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Steve 2020 McKnight Grand Recording - Cedar Top 2005 McKnight SS Dred 2001 Michael Keller Koa Baby 2014 Godin Inuk 2012 Deering B6 Openback Banjo 2012 Emerald Acoustic Doubleneck 2012 Rainsong JM1000 Black Ice 2009 Wechter Pathmaker 9600 LTD 1982 Yairi D-87 Doubleneck 1987 Ovation Collectors 1993 Ovation Collectors 1967 J-45 Gibson 1974 20th Annivers. Les Paul Custom |
#10
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Fees are usually around $1500/year for a small venue, according to venue owners I know and speak to. That's ASCAP ... then you have to pay BMI and SESAC. Let's say $4500/year. That comes out of the profit, so if we use a generous figure of 30% profit, those open mics would have to generate $15,000/year in gross revenue (above what they'd do if they didn't have music). That's a problem for many small coffee shops, wineries, cafes, and such.
If anyone thinks that the music played at a small town cafe is taking food out of the mouths of the songwriter they are delusional. The songwriter doesn't even get paid unless the performers or venues file a complete setlist with the PRO of every song played every night. That doesn't happen either. And when they do get paid, it's in rolls of pennies. |
#11
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#12
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Where would the Beatles - and everyone who followed - be if ASCAP/BMI were monitoring the Woolton Fete, the Kaiserkeller and the Cavern Club? |
#13
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#14
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The term “original music” generally means musical works written by the performing musicians. That doesn’t mean, however, that the musicians are not affiliated with BMI. This is because licensing organizations like BMI are the vehicles through which songwriters and composers are compensated for the public performances of their music. In addition, one of the purposes of BMI is to help foster the development of up-and-coming songwriters, many of whom perform in public areas and establishments. Many times, these performers are asked to play a song known by the general public that was written by someone else to add to the entertainment. This performance also requires permission. |
#15
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