Thursday, August 07, 2014

No Covers! No Collections!

I send an email to a local room that advertises an open mic night to ask if they still hold open mic nights.  The owner's reply:

"Hi, I'm sorry, we do not. The licensing fees were just too high. The Foyer has a wed. Open mic."

The Foyer is the room I wrote about earlier.  It has a sign on the door saying "No Covers".  They tell me they've collected enough donations to pay ASCAP but not BMI yet.  ASCAP as John Cowan noted is the agency that collects fees according to a formula where the monies go to the highest ranked artists (by their estimate) and nothing goes to the indies.

The owner goes on:

"the problem is that there is still the fee even if all originals. Our singer/songwriter series was originals only and ASCAP came down on me like the wrath of God! After (Name deleted: ASCAP Rep) threatened me with jail and a $40,000 fine for letting local people sing their own unpublished songs in a 20 seat venue, I finally gave in and paid. Only then did I offer open mic. BMI rep was much nicer, but still never gave up, so I paid them too. :(  Mr (ASCAP Rep) is personally responsible for shutting down a number of small businesses across the region. He said we have to pay because if someone ACCIDENTALLY sings a line from a published lyric, I would be responsible for the fine."

And there you go, David Lowery of The Trichordist.  Another Sasquatch sighting.

It is time for the new generation of performers and room owners to say "No Covers. No Collections!"
They threaten.  They destroy.  They are the locusts of the old music business destroying the ground where the new music is taking root.  As with all locusts they don't care.  They devour and move on oblivious to the destruction to art and artists, caring only that they and they alone control access to markets, that they and their members collect fees, and that artificial scarcity is enforced where none exists.

Are these threats hollow?  No.  As Copyright Law exists today, if you play covers, they legally can collect fees regardless of how unfair their distribution formulas.  BMI is "friendlier" because you can join, but just like iTunes, you will find your self paying aggregators for the privilege.   No middle man; no pay.   Even if you pay all the production costs and take all the risks; you still pay to play.

I am not a lawyer but I think they threaten because legally they cannot collect if they cannot prove songs they collect for have been performed.  And like all bullies they rely on their victims not knowing that.  They use legal means to illegal ends.

Fuck 'em.  No Covers.  No Collections.

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