ASCAP Question

  • Thread starter Thread starter rjt
  • Start date Start date
rjt

rjt

New member
Some friends of mine who recently opened a small coffee shop have had a run in with ASCAP. They have a mostly walk-in coffee trade with 3-4 small tables. While working they play music on their CD with speakers in their cafe. While the music is playing, they have the CD sitting on an little "currently playing" display so people who like it can go to a CD store and buy it. They said ASCAP called them and gave them a hard time and told them they would have to use an ASCAP system at about $1200 to $1500 a year. While they thought that was unfair, as they paid for their CDs, I explain that they purchased the right to listen to their CDs for personal pleasure and they don't own the tunes and they are increasing their earnings (minimally) by playing them. That being said (they are sympathetic to poor struggling musicians...being poor strugging coffee cafe owners), what legal rights does ASCAP have? Can ASCAP force them to stop playing music... or would ASCAP have to get police or someone to do it? Can ASCAP levy a fine for copyright violation or something?
 
ASCAP's Legal Rights.

ASCAP can in fact get an injunction to stop the coffee shop from playing music in the ASCAP catalog.

What needs to be understood is that the artists get paid for stores, coffee shops, clubs etc. playing their music and ASCAP, BMI and SESAC are merely collecting the money owed to the artists.

That being said, the amounts stated by ASCAP seem to me to be fines and if the coffee shop paid their dues to the performing rights societies, for the right to publicly play the music, they could avoid having to pay the fines. So far it is only ASCAP, but if the shop owners leave the situation as it is BMI and SESAC will come into the picture and the fines could go into tens of thousands of dollars.

Trak.
 
Once you own a business and you play music for entertainment purposes "in" that business, there are certain rules you must abide by.
If the music played is the original recording by the original artist, ASCAP and BMI have to get thier cut, in order to pay royalties to the artist. Why? Because they are using that artist's music to provide entertainment and attract more business for a higher profit margin.
How do places of business get around this?
Elevator music.
You know... those cheesy piano and brass versions of popular songs that you hear in elevators and supermarkets.
And even then, there must be a fee paid for THAT music, but it's a much lesser cost.
After a certain period of time, a song becomes part of the public domain, and royalties are not collected after that happens. But who the hell wants to listen to old Cole Porter tunes in a coffee shop, right? :rolleyes:
How can your friends get around all this?
Well, if they kept the source of the music behind the counter (boombox or shelf-stereo system), and claimed that they were only playing the songs for thier own personal enjoyment while working... that might work. But they can't put the CD cover out anymore, and they'd have to keep the volume to a minimum.
This is my basic understanding of the biz, so don't quote me on it.
I suggest that they call ASCAP and ask all the pertinent questions on this matter.
Also, let us know what happens. If my limited knowledge is not accurate, I'd like to be enlightened to the hard facts.
 
Thanks for the assistance. I'll pass this info on to them. I am not sure what they want to do...they have just stopped playing music, and may continue that. As I said, being poor struggling cafe owners, they have no desire to take money from struggling musicians.
 
Pretty right on, Buck.

rjt - here is an idea - they are your friends, right? Record a few CD's of your own original music and grant them a performance license in perpetuity. They can play music for free, and you can sell CD's! And if you are not an ASCAP member (even if you are, but are the owner of the music), they don't have to give ASS-CAP one red cent!
 
EXACTLY!
The struggling musicians' don't have CD's at Best Buy or Sam Goodys. I'm sure if they worked with the local, true 'little guys' they would be glad to have their music played in a coffeeshop. And that can lead to little Friday night acoustic sets. I used to work this way all the time in my coffeeshop days. :)
 
Thanks for the info.... I will pass it on to them. Also, I hope to have a CD out next year... I should be so lucky that someone would play it in public!!
 
rjt...
I think Brad and Hard2Hear are really on to something here!
There's a lot of artists on this site alone who have recorded some EXCELLENT original music, and would probably be honored to have thier stuff featured in your friend's coffee shop.
I have copies of CD's from Emeric, Recording Engineer, Teddie (Smart Apple), and drstawl... and they all have great music that would be perfect for the coffee-house scene!
My partner and I also have a CD out, too.
You should have your friends give a listen to some of the artists on this BBS and consider serving up a cup of some fresh indie music! ;)
 
You must log in or register to reply here.
Back
Top