I recently heard from a guitarist friend of mine that a nice little coffeehouse / whole foods store in St. Johns is being threatened by ASCAP and BMI if they didn’t take out a live performance license. This venue has a tiny stage and has a weekly jazz jam – one of the few places left to hear a truly open jam. My friend said they were thinking of having a policy of “Original Music Only” as a way around the problem.
However, ASCAP and BMI are taking the position that having a policy of only hiring bands that play originals does not let the venue off the hook for a performance license. The old CBGB club in NYC tried that, insisting that bands play only originals there. It built their reputation a place to hear new music (like the Ramones, Talking Heads, and Blondie), but then those bands put out records, and of course they had to be affiliated with one performing rights group or another, and CBGB was back in the same boat again. My opinion is that it would be a huge waste of time for either organization to come after a venue as small as this. I'm sure the owners are just barely keeping their noses above water financially, anyway. ASCAP/BMI would only succeed in driving them out of business, meaning one less venue for performers.
Here's a pretty good article on the situation:
http://www.csmonitor.com/2009/0109/p14s01-almp.html
ASCAP and BMI have incredibly complex schedules - ASCAP alone has over a hundred different rates, based on square footage, type of establishment, etc.
I think this whole thing will eventually blow up in their faces. While I agree that composers should be paid when someone performs their works, there should be a threshold below which it does not apply. Right now, the threshold seems to be that for anything beyond backyard parties for friends and family, you have to get a license.
But I can see the other side of the coin, too. Say a small coffeehouse has a good -- not great -- business. They serve fine roasts, some pastries and sandwiches, and they have live jazz a few evenings a week. The marquee outside says LIVE JAZZ TONIGHT! Folks come in to dig the music, drink some coffee, and hang out. The bands play the standard jazz repertoire: All Blues, Night in Tunisia, Caravan, etc. I can see a case for the venue making some payment to the accounts of Miles Davis, Dizzy Gillespie, and Juan Tizol for the use of their compositions. After all, the owner of the venue is making some increased income because of the existence of these copyrighted compositions. Gregorian chants are in the public domain, but it doesn't draw the kids like it used to.
I suggest that ASCAP, BMI, and the other rights organizations take a hard look at their live performance rates and draw a line to drop off the bottom 10-20%. The total revenues recovered cannot add up to much anyway, and they are really making life tough for these small, struggling venues and the musicians and songwriters who often get their first exposure in dark little dives, redolent of espresso.
I think this whole thing will eventually blow up in their faces. While I agree that composers should be paid when someone performs their works, there should be a threshold below which it does not apply. Right now, the threshold seems to be that for anything beyond backyard parties for friends and family, you have to get a license.
But I can see the other side of the coin, too. Say a small coffeehouse has a good -- not great -- business. They serve fine roasts, some pastries and sandwiches, and they have live jazz a few evenings a week. The marquee outside says LIVE JAZZ TONIGHT! Folks come in to dig the music, drink some coffee, and hang out. The bands play the standard jazz repertoire: All Blues, Night in Tunisia, Caravan, etc. I can see a case for the venue making some payment to the accounts of Miles Davis, Dizzy Gillespie, and Juan Tizol for the use of their compositions. After all, the owner of the venue is making some increased income because of the existence of these copyrighted compositions. Gregorian chants are in the public domain, but it doesn't draw the kids like it used to.
I suggest that ASCAP, BMI, and the other rights organizations take a hard look at their live performance rates and draw a line to drop off the bottom 10-20%. The total revenues recovered cannot add up to much anyway, and they are really making life tough for these small, struggling venues and the musicians and songwriters who often get their first exposure in dark little dives, redolent of espresso.
