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Hiro Ballroom Getting Sued with Many Others by ASCAP
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| knittybone |
Rediculous, 2nd article is even more absurd
http://www.brooklynvegan.com/archiv..._suing_hir.html
Last time we spoke about something like this, it was Black Betty in Brooklyn under fire from the peeps at ASCAP who believe that bars should not "perform copyrighted music without permission". By "perform" I assume they mean the music coming out of the speakers thanks to a jukebox, DJ, CD player, or even cover band? As Idolator reported today,
The American Society of Composers, Authors and Publishers (ASCAP) today announced that it has filed 26 separate infringement actions against nightclubs, bars and restaurants in 17 states.
In each of the cases filed today, the business establishment has publicly performed the copyrighted musical works of ASCAP's songwriter, composer and music publisher members without obtaining a license from ASCAP to do so. ASCAP reached out to each of the establishments repeatedly over a significant period of time before taking legal action. In every instance, the establishment refused to obtain a license, but continued to perform ASCAP members' music without permission, resulting in the filing of the infringement actions. [Market Wire]
I'm all for artists getting paid, but who thinks a bar should have to pay an artist if a DJ plays a song? Last I checked, all the record labels wanted DJs to play their stuff so bad, they were giving it to them for free. It's hard to hate on anyone sticking up for artists, or for going after cheesy, "racist", overpriced & rude establishments like Hiro Ballroom, but it still seems a little silly to sue bars for this. Maybe it's my own 'indie' point of view. According to one anonymous commenter in the past,
the "performers rights" organizations don't even track the individual compositions that are played at a particular venue. The money all goes into the same place and is distributed to the top-selling artists as roylties. Whether or not the venue plays those artists' compositions or not is irrelevant.
I think that if you play the top-selling artists' music, you SHOULD have to pay them. On the other hand, if you're playing more underground-type stuff, you're actually paying the artist by promoting their music for free to people who would otherwise never hear them. I guess that it would require too much effort though for companies like ASCAP to make the distinction.
The laws for copyrights were established at a time when "music business" was strictly for the elite and there was, obviously, no such thing as indie-rock.
ALSO:
http://seattletimes.nwsource.com/htm...royalty01.html
Music suit creates discord
By Kristi Heim
Seattle Times business reporter
A 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."
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. |
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| kadomony |
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| DJslantzz |
| Ridiculous is right... |
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| phoenixBEBE |
wow :wtf:
yups sam's pic says it all. |
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| phuzzyfish12 |
| LOL...I thought it was the ASPCA...I was like what the hell are they doing to animals that the ASPCA needs to sue. |
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| nefardec |
This is not about playing records -
ASCAP's business is getting rights for songwriters
this is about covering songs in bars and clubs by performers paid by the bars and clubs on a regular basis instead of getting the actual artist to perform |
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| knittybone |
| quote: | Originally posted by nefardec
This is not about playing records -
ASCAP's business is getting rights for songwriters
this is about covering songs in bars and clubs by performers paid by the bars and clubs on a regular basis instead of getting the actual artist to perform |
Umm read the 2nd article... |
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| Blake |
| damn. there goes my thursday nights :( . lol j/k. i'm sure they'll have some good lawyers on hand. the whole thing seems pretty absurd though. what's the point of making music is people can't play it :conf: |
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| vtec junkie |
| WTF is this world coming to???:rolleyes: :rolleyes: :rolleyes: |
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| zachias31 |
| This has been going on forever. 10+ years ago I knew a couple at cooking school who'd had a tiny little restaurant in North Carolina. They didn't feature music or a dj, they just had background music playing like most places do. Some ASCAP rep showed up, with some seriously scary goons, and in a really threatening way told them they had to stop playing recorded music, or pay the fees, or face serious consequences. |
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| euphoria |
This happens in Corporate too. All of our stores have to have licenses to play music in the store and on the hold music.
ASScap! Why is it when all people want to do is enjoy themselves a little bit some ******s have to come in an bust it up like the fun police trying to take away the only free drug that we have. |
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