ascap kicks ass on karaoke scofflaws

[slide_advantage_redoux]

I am no fan of Karaoke, but the composers and publishers deserve to be protected. I applaud this news.

N.Y. Bar Finds Itself in Court Over Karaoke

By Associated Press

50 minutes ago

SYRACUSE, N.Y. - Karaoke night sounded a sour note for a Syracuse bar that is being sued in federal court for using unlicensed songs. "This is unbelievable to me," said Mark Bullis, one of the owners of the Bull & Bear Pub in Syracuse. "It almost feels like extortion. We're being bullied into this, and it's just ridiculous. It's the little guy getting beat up by the big guy," he said.

In a lawsuit filed last month in U.S. District Court, the American Society of Composers, Authors and Publishers claimed that the bar violated copyright laws. ASCAP lawyer Michael Sciotti said the bar had plenty of warnings since it opened in 2002.

"There were 27 contacts before it got to me," he said. "We bend over backward to educate businesses and answer questions and most comply voluntarily. Thousands of businesses do it with no problem."

ASCAP lawyers filed the lawsuit after a private investigator hired by the organization attended a karaoke night at the bar and wrote down the names of songs the singers were performing. Any public performance of copyrighted songs requires the venue to have a license to use the tunes, the lawsuit said.

The investigator said the bar allowed at least five songs to be played that it didn't have a license to use.

Sciotti said the licensing fees would have cost a total of $3,500 for the past five years.

In the lawsuit, ASCAP requested that the pub stop hosting karaoke nights and pay from $750 to $30,000 for each violation.

"It does have to hurt a little bit," Sciotti said. "Otherwise, what's the incentive for bars to comply with copyright laws?"

Bullis said he feels his business was unfairly singled out. He said the pub will not offer karaoke again until this case is resolved. The lawsuit could drive him out of business, he said.

"Of the 60 songs they might sing _ and probably poorly _ only five were on their list?" Bullis said. "This is a shame."

A hearing is scheduled Oct. 26 before U.S. Magistrate Gustave DiBianco.

Information from: The Syracuse Post-Standard, http://www.syracuse.com

Edited July 26, 2006 by slide_advantage_redoux

[JSngry]

Not so sure that I'm applauding as strongly as you are, Greg...

Don't the same rules apply to clubs that offer live bands? I mean, I occasionally see a club that's got an ASCAP sticker on the window, but rarely. So what's gonna happen next - I'm playing a standard in some club, an ASCAP cat is in the house, puts the shakedown on the club, and next thing you know, it's curtains for that type of music in any form.

Music is not why most people go to clubs, doncha' know. Plenty of other ways to get them inside.

Proceed with caution, I say.

Edited July 26, 2006 by JSngry

[Dan Gould]

Its the same as paying for the license to play music over the sound system. I guess this bar doesn't provide any type of music other than karaoke nights.

When I worked at a tennis shop, the boss got a notification because he was playing the radio in the store. He wasn't about to pay for a license but he found out that music is allowed if its in a "work area" so he set up the radio by the racquet stringing machines. When I learned that he also enjoyed jazz I started bringing in cassettes and that was the hippest tennis shop in the world, I tell ya.

But every once in a while he'd tell me to turn the stereo down, just in case.

[slide_advantage_redoux]

I played in a Western Swing band for the Houston Rodeo for 8 years. We would live down there for 3 weeks, playing Bob Wills stuff, generally having a good time. Then the last year of our most current contract, the management brought in a guy with a laptop system to provide "more appropriate" music for the bull riding event.

Then the following year, this guy took the whole gig. End of our annual February gig, which was the best bread of the year easy. We found out that he had downloaded all the music (popular rock and roll tunes, all recognizable) and was using them in his rodeo work without paying a cent in royalties. Our leader pointed this out to ascap and the Houston rodeo folks too. Nothing was ever done about it, and I always wondered why.

So, for thie story to come along, indicating that ascap does indeed have teeth is in some way a positive in my mind.

Your point is well taken Jim, but I think they are going for the real money makers. I have an idea they will leave us small timers alone.

In the meantime, I need to write more originals!

Edited July 26, 2006 by slide_advantage_redoux

[JSngry]

And license them with ASCAP?

[JSngry]

Your point is well taken Jim, but I think they are going for the real money makers. I have an idea they will leave us small timers alone.

Well, the rub there is that karaoke is one of the last vestiges of popular interest in "live music", no matter how loosely it fits the definition, being featured in "general" clubs in most towns. And going to a public place specifically to hear "live music" is rapidly becoming an extinct notion as it is.

The behavior of a culture constatnly evolves, true enough. But I'm not so sure that if you wipe out karaoke (a possible scenario if a "war" develops over licensing) that the eventual cultural trickle-down will eventually hit us. We're already half-dead as it is!

[The Magnificent Goldberg]

The investigator said the bar allowed at least five songs to be played that it didn't have a license to use.

I don't understand this. I thought performance rights organisations collected a general license fee; then you could play anything licensed by that organisation. That's how it is in Britain. Licensing individual pieces that might (or might not) be played is a mind-blowing concept.

MG

[Dan Gould]

The investigator said the bar allowed at least five songs to be played that it didn't have a license to use.

I don't understand this. I thought performance rights organisations collected a general license fee; then you could play anything licensed by that organisation. That's how it is in Britain. Licensing individual pieces that might (or might not) be played is a mind-blowing concept.

MG

Maybe those five songs were the five ASCAP songs they played.

[The Magnificent Goldberg]

The investigator said the bar allowed at least five songs to be played that it didn't have a license to use.

I don't understand this. I thought performance rights organisations collected a general license fee; then you could play anything licensed by that organisation. That's how it is in Britain. Licensing individual pieces that might (or might not) be played is a mind-blowing concept.

MG

Maybe those five songs were the five ASCAP songs they played.

Could be, but what are the chances of that?

Oh - are you saying that the US system is the same as the British one?

MG

[jazzypaul]

Count me all in on support of ASCAP on this one. Licensing fees are relatively cheap. If someone is such a cheapskate that he won't pay them, then he has no business playing music. If he has no music and nobody comes into his bar, that's his fault.

[Dan Gould]

The investigator said the bar allowed at least five songs to be played that it didn't have a license to use.

I don't understand this. I thought performance rights organisations collected a general license fee; then you could play anything licensed by that organisation. That's how it is in Britain. Licensing individual pieces that might (or might not) be played is a mind-blowing concept.

MG

Maybe those five songs were the five ASCAP songs they played.

Could be, but what are the chances of that?

Oh - are you saying that the US system is the same as the British one?

MG

I believe so. You pay a flat fee. There may be different fee schedules but that's the basic concept. There's no license paid for individual songs.

[The Magnificent Goldberg]

The investigator said the bar allowed at least five songs to be played that it didn't have a license to use.

I don't understand this. I thought performance rights organisations collected a general license fee; then you could play anything licensed by that organisation. That's how it is in Britain. Licensing individual pieces that might (or might not) be played is a mind-blowing concept.

MG

Maybe those five songs were the five ASCAP songs they played.

Could be, but what are the chances of that?

Oh - are you saying that the US system is the same as the British one?

MG

I believe so. You pay a flat fee. There may be different fee schedules but that's the basic concept. There's no license paid for individual songs.

Thanks Dan. I agree with JazzyPaul - the guy's a cheapskate. He's running a place of public entertainment. 'nuff sed.

MG

[GregN]

Count me all in on support of ASCAP on this one. Licensing fees are relatively cheap. If someone is such a cheapskate that he won't pay them, then he has no business playing music. If he has no music and nobody comes into his bar, that's his fault.

I agree with Paul.

g

[Jim Alfredson]

Count me all in on support of ASCAP on this one. Licensing fees are relatively cheap. If someone is such a cheapskate that he won't pay them, then he has no business playing music. If he has no music and nobody comes into his bar, that's his fault.

I agree with Paul.

g

Me too, except when the bar decides to finally comply with ASCAP and purchase a license, after 20 years of featuring live music, and then takes that "fee" out of the musician's pay.

Ahem.

Like a certain bar we're playing this weekend.

[The Magnificent Goldberg]

Count me all in on support of ASCAP on this one. Licensing fees are relatively cheap. If someone is such a cheapskate that he won't pay them, then he has no business playing music. If he has no music and nobody comes into his bar, that's his fault.

I agree with Paul.

g

Me too, except when the bar decides to finally comply with ASCAP and purchase a license, after 20 years of featuring live music, and then takes that "fee" out of the musician's pay.

Ahem.

Like a certain bar we're playing this weekend.

Not a happy situation. Does he take the whole of the fee out of every band's pay every weekend, or just a fiftieth or whatever?

And in any event, this geezer was running a karaoke bar - no musicians.

What if the MU tried to levy a license for use of recorded music?

MG