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Vivian Campbell
01-26-2005, 05:52 PM
Press Release Source: ASCAP


ASCAP Launches Infringement Actions against Establishments Performing Copyrighted Music without Permission
Monday January 24, 1:27 pm ET


NEW YORK--(BUSINESS WIRE)--Jan. 24, 2005--Today, the American Society of Composers, Authors and Publishers filed 24 separate copyright infringement actions against nightclubs, bars, and restaurants in 15 states and the District of Columbia. These establishments (listed below) have publicly performed the copyrighted musical works of ASCAP's songwriter, composer and music publisher members without receiving their permission to do so, resulting in lost income.
"Informing business owners of their obligations under Federal Copyright Law is one of ASCAP's key roles," said Vincent Candilora, Senior Vice President of Licensing at ASCAP. "We provide any business using music the opportunity to receive permission through acceptance of a license covering the use of over 8 million copyrighted songs and compositions, and we make every effort to educate business owners concerning their music licensing responsibilities. If our good efforts are ignored, then our only recourse is legal action."

During 2004, ASCAP achieved a 100% success rate with its copyright infringement litigation, with all concluded cases resulting in either a cash settlement or a judgment in favor of ASCAP members. This is significant as ASCAP represents over 200,000 member owners who, for the most part, are songwriters and composers who rely heavily on their ASCAP royalties, as well as ASCAP's enforcement efforts on their behalf. Over 86 cents of every dollar collected is distributed to its members, the music creators.

According to Vince Abbatiello, ASCAP Vice President of Sales and Director of General Licensing, "When business owners ignore their obligations and violate Federal Copyright Law, they are actually stealing from the songwriters and composers who created the music compositions that those businesses are using. Individual songwriters and composers are the ultimate small business people, working on their own with limited opportunity for sustained success. We only take legal action when all other means of resolution have been exhausted. But when we litigate on behalf of our members, our success rate is always very high. Business owners who ignore the Copyright Law in the belief that they can escape penalty should treat this very seriously. Don't steal our members' music."

Establishment, City and State:
Challengers, Pelham, AL
Back Porch, Tuscalossa, AL
Hard Dock Cafe, Decatur, AL
Saddlerack, Chandler, AZ
Josh Slocum's, Newport Beach, CA
Joe's Cafe, Branford, CT
Home Nightclub, Washington, DC
Jade, Miami Beach, FL
Estate (f/k/a Nocturnal), Chicago, IL
Hundred South Grille a/k/a 100 South Chop House, Elmhurst, IL
Le Passage/Yow Bar, Chicago, IL
Costello's, Jamaica Plain, MA
Buffalo Billiards, Gaithersburg, MD
American Sports Cafe, St. Paul, MN
Buffalo Tap & Grille, Savage, MN
Soulard Ale House, St. Louis, MO
Gilligan's, Surf City, NC
J. Lindsay's, Columbus, OH
Denim, Philadelphia, PA
R.P. McMurphy's, Holmes, PA
Wolfy's, Nashville, TN
Happy Town Karaoke, Houston, TX
OUI Club, Wichita Falls, TX
Scuttlebutts Restaurant and Bar, Lubbock, TX

About ASCAP

Established in 1914, ASCAP is the first and leading Performing Rights Organization in the U.S., representing the world's largest music repertory. ASCAP is committed to protecting the rights of its members by licensing and collecting royalties for the public performance of their copyrighted works, and then distributing these fees to the Society's members based on performances. Unlike the other American Performing Rights Organizations, ASCAP's Board of Directors is made up solely of writers and publishers, elected by the membership every two years. Every year ASCAP provides over $3 million dollars in special awards to promising music creators whose works may be performed in venues that may not be actively surveyed. And the ASCAP Foundation, established in 1975 by ASCAP members, has the mission of nurturing new talent and promoting music education. It has assisted countless aspiring music creators in career development and fulfillment.

rustoffa
01-26-2005, 09:00 PM
Arrgh.......

Welcome to the machine.

LoungeMachine
01-26-2005, 11:55 PM
They actually tried this a bit in the early 80s. Of course nothing ever came of it. I remember filling out something or other.

Of course that was before wide spread computers, web, etc.

I'll naturally be checking my statements for that 8 cents that's now certain to appear.


Hey what about the guy playing "Hey Joe" down at the Pike Place Market last weekend.??

Time to pay the piper.....

Knucklebones
01-27-2005, 12:07 AM
This is fucking bullshit. Every fucking musician has played a cover some time or another. What are they gonna do? go sue fucking orchestras now for playing other people's songs?


All those people who want to fucking sue got their OWN start by playing and learning covers.

LoungeMachine
01-27-2005, 12:11 AM
Originally posted by Knucklebones
This is fucking bullshit. Every fucking musician has played a cover some time or another. What are they gonna do? go sue fucking orchestras now for playing other people's songs?


All those people who want to fucking sue got their OWN start by playing and learning covers.

Many orchestras play classical music, and others that are in public domain = NO ROYALTIES

But your point is well heard.

It's lame

It'll die.:cool: It wont be financially worth the enforcement costs

Susie Q
01-27-2005, 07:25 AM
Nothing like paying "The Man". I hope it fades out. I would think that the musicians out there would take it as a compliment if a 'cover band' would choose to do their music. Hell...that is like free advertising for them (you would think). Just think....I go see "British Steel". I say...Wow...great band! Then I am told that they are a cover band for Judas Priest, and then I go out to buy a Judas Priest CD. Judas Priest just made money off of me and for a "cover band" doing their stuff.

BrownSound1
01-28-2005, 01:42 AM
They can suck my dick. So they're going to go after the little man, who is struggling as it is in the music business. I could see if people were recording and selling albums of this cover music, but playing the shit live? Give me a fucking break, this is how it has always been done since the beginning of time..and how it will continue to be done. Re-fucking-diculous.

I can just hear the defense attorney's questions to each of these assholes. "Ever play in a band or by yourself, or at a club?" Yes "What music did you play?" Well we did some originals. "Some? Doesn't sound like you played ONLY originals." Well, no we did some cover songs too. "Cover songs? You mean songs by artists other than yourself." Yes. "Did you ask permission to play these songs?" Uh.....no "But you want to sue these people for doing the same thing you have done." Well....uh.....

Panamark
01-28-2005, 02:07 AM
We should charge those fuckers for the free advertising they get everytime we play a cover !!

Coyote
01-28-2005, 07:23 AM
www.nowthatsfuckingsilly.com

Matt White
01-28-2005, 10:26 AM
Just the greedy corporate fucks trying to squeeze every last nickel they can out of the little guy. Typical.

Atomic_Rob
01-28-2005, 04:33 PM
Are they likely to actually get away with this?

Steve Savicki
01-28-2005, 04:43 PM
That means Eddie Van Halen can sue the Atomic Punks because the AP are a cover band that would make the public realize how much better Dave is than the rest of the singers...

Could anyone imagine that? Do you think Eddie would really do it?

BrownSound1
01-28-2005, 05:37 PM
Nah, I don't think Eddie has a problem with the Punks...if anything it just helps them sell records.

DeadOrAlive
01-28-2005, 05:56 PM
Oh crap. Geuss my band cant do covers now... lol

monkeythe
01-29-2005, 12:48 AM
I don't believe this applies to cover bands despite the misleading thread title. This relates to businesses playing music in their places to create a certain mood or ambiance. Stores & clubs can play the radio free of charge but once they play recorded music they can get in trouble. That is what they mean by performing copyrighted music, not a band playing cover tunes.

LoungeMachine
01-29-2005, 09:07 AM
Originally posted by monkeythe
I don't believe this applies to cover bands despite the misleading thread title. This relates to businesses playing music in their places to create a certain mood or ambiance. Stores & clubs can play the radio free of charge but once they play recorded music they can get in trouble. That is what they mean by performing copyrighted music, not a band playing cover tunes.

Not quite right.

It has nothing to do with radio/recorded / mood/ambiance. And it's not the cover bands they're after.

Anyone who CHARGES money [club owners / bar owners ] to hear a performance of copyrighted material is subject to royalty fees.

LoungeMachine
01-29-2005, 09:10 AM
Originally posted by DeadOrAlive
Oh crap. Geuss my band cant do covers now... lol

Knock yourself out. But the c;lub booking you may have to pay ASCAP or BMI a fee.

Caution: Unscrupulous club owners and booking agents may try and pass this "fee" along to a band by witholding part of the payment due for the night's performance.


I've seen it all over the years:rolleyes:

Figs
01-29-2005, 10:09 AM
"resulting in lost income" - my ass!

This would be complete bullshit. There's not a lot of venues for unknown original acts as it is. Fuckers. This kind of control is probably the reason there hasn't been a true giant in music in a looooong time.

tydhurst
02-01-2005, 11:00 PM
The folks who published the first dictionary will have to start cllecting fees off of everyone for using their words. Ho ho!