[jef nicks]

After 7 years in business, I am coming to the realization that the cost of complying with the three music licensing outfits is going to force me to discontinue live music, and probably the use of CD recorded music in my dining room. Anyone out ther care to comment?

[4dabirds]

My friend is a musician and during a recent discussion Ascap and their extortive practices came up. Here is some research she did for me to help us with the ridiculous costs. We haven't gone into any agreement, but I will tell you the amount of our yearly licensing fee has gone down from almost $3k to $352. This fee is still too high given the type of entertainment we provide (open mike for local musicians, a juke box owned by a vending company, and sat tv), but at least it is a step in the right direction.

Below is the info she provided to help us fight ASCAP:

1) Confirm your ascap rep is legit, there are reports
of scammers taking advantage of bar owners.
Corporate office is in New York, I would ask for
his supervisors name and number. Tell the local
ascap rep your concern, that's good business.
During the conversation I would say..."what is your
territory?" "How long have you been with the
company?" "Where's your office?" "Mail me your card and letter of intent" "send me your proposal".

Dave - put yourself in the position of control by asking
him questions and demanding EVERYTHING in writing.
Looks like Ascap is hiring any joker to collect money, they
are currently hiring in NY, Boston, Sacramento, San Antonio,
Portland and Seattle.

IMPORTANT: Ascap can only collect money for Ascap published
artists. Every time someone plays or performs Ascap published
materials...they owe a per song fee. Up till now musicians were
responsible for this fee. I assume Ascap can not afford to go out
and collect these fees from musicians. Looks as if they are creating
policies and staff to collect from Bar Owners, restaurants, airlines,
retailers, etc.
Following are ASCAP policies and more, from people
in the business. Note: The American Society of Composers, Authors and Publishers. Dave, your position on
this fee is to prove you do not hire bands that perform Ascap material.

2) Juke Box - you pay your fees to "Ascap" and "BMI"
(these are the 2 largest publishing companies in the world)
through your lease. Tell your rep that you are on his
side and are happy to support composers, that's why you
PAY YOUR LEASE! Note: Dave, I am surprised BMI
isn't pulling the same ****.

3) Live Music - Your bands perform All original music. BUT you
can ask your bands (or their promoters) for "set-lists". You would like
to opt for the "per program license" instead of the "blanket
license", BECAUSE to the best of your knowledge, your bands
perform original music. Most original bands haven't established an account
with either publishing house, until your selling records, Ascap
or BMI don't want to talk to you. Dave, because of this situation
I will use BMI.

4) You DO NOT pay your bands and NO DOOR CHARGES.
La Veta is a very small seasonal town, local bands work for
exposure, (that means they sell their Cd's ALL ORIGINAL MUSIC).

5) $3,000.00 per year Blanket Fee, how did they arrive at that figure?
My understanding is they do a "Census Survey" for results
"Performances in a medium". We know your a Bar, but what Region?
Huerfano County is the 2nd poorest county in the nation and NOT to be
combined with Denver, Colorado Springs or Pueblo.

You are now all powerful. Give that ASCAP rep a call.
Have a successful day, Paula.