music publishing and bars

duncan's picture

I like publishing money. I love it, in fact it's the single best way to make money with music these days and I don't have to argue with a doorguy or a nightclub owner to get it. I still don't like hearing that small businesses are getting sued over cover bands playing songs. I know that some of the club owners in town understand the rules about cover songs, djs and publishing but I wouldn't be surprised if many of them don't. I would hate to see a club out here get hit like this.

This guy in Oregon is getting slapped with a lawsuit for a cover band playing a Hendrix song, "they're seeking payment of between $750 and $30,000 for each song, along with attorney fees.".

Dorr says a rep from the American Society of Musicians and Publishers paid an unannounced visit to his restaurant one night and heard covers of the songs performed by local band "Black Notes."

link

Comments

gaberollins's picture

Re: music publishing and bars

I have always wondered myself how many local bars pay what they supposed to to music publishers. I would be shitty to see some of the local places hit with stuff like this. I have heard you are even supposed to pay just for having a jukebox.

duncan's picture

Re: music publishing and bars

If a bar has a jukebox and people are paying to play songs in it and the song is being played to an audience that is paying to be there, then there are two revenue streams that are coming in to the club while the musicians being played aren't earning any. So it makes sense that people want to go after some of that money.

If you have a cover band who are selling themselves based on the fact that they are going to be playing covers then should the musicians that wrote those songs make some of that money?

And who pays for it, the club or the cover band?

It's a really difficult line in the sand to draw. For every musician that thinks that it is ridiculous to want to be paid when someone covers your music, there is a musician who will be calling up lawyers if someone covered their song and won a Grammy for it.

I don't know what the local clubs are doing with publishing. I have talked to Erick about it over the years and I believe he has to pay to all three (BMI, ASCAP and SESAC) as well define what his club is doing, right down to dancing, I think there is a different price to pay if people are dancing in your club.

Yetitibbs's picture

Re: music publishing and bars

I'm really torn on this. I guess I just don't see why venues can't just pay the dues every year, just like any other yearly bill. I just don't see the issue with that. I know that it is expensive, but when you budget for it, it should be no issue.


duncan's picture

Re: music publishing and bars

I think you are right Tibbs, that is what clubs are supposed to do, they pay a yearly fee and that covers them. In restaurants, this is why music services like Muzak are popular because it is rolled into the fees. It's the cases of clubs getting caught off gaurd like the one in this article that suck.

LukeBass's picture

Re: music publishing and bars

I love his excuse:
Quote:

Because his place features local musicians and covers are rare, he didn't think he had to pay the musicians and publishers group an estimated $2,000 to cover performances of copyrighted tunes


Covers are rare my ass. He knew he should have paid and figured he could get away with it. Thats the price you pay when you steal music.
$2000 doesn't seen like that much when you get sued for a whole lot more.

Luke

Anonymous Worcesterite's picture

Re: music publishing and bars

Ouch.

Really...you think that $2000 is really fair?

The notion of intellectual property really needs an overhaul in this country.

"I love to hear my songs
by anyone else but me.
My critical faculties go into suspension.
I don't wonder 'Do I like it?' -
I LOVE IT!!!"

- Leonard Cohen

I'm with Leonard on this one. The financial aspect is not a concern of mine - if a song gets huge and it is a song that I wrote, then I will put out the proper press releases to try and get some notoriety for it. The more people put it out there, the more likely it is that people will hear it. And that's why I write songs...for people to hear.

duncan's picture

Re: music publishing and bars

Quote:

Ouch.

Really...you think that $2000 is really fair?


What is fair? I don't know how they come up with the price and I am not suggesting that $2000 is the fair price. The fact is that business's are using music to make money. Places play music to create ambiance, they play it for people to dance to, the hire bands to play cover songs then charge a cover for this. Why shouldn't the person or band that wrote the song make money from this?

Quote:
The financial aspect is not a concern of mine - if a song gets huge and it is a song that I wrote, then I will put out the proper press releases to try and get some notoriety for it. The more people put it out there, the more likely it is that people will hear it. And that's why I write songs...for people to hear.


ummm I wish you weren't anonymous because you clearly hold secrets that I would like to know. You know a way to write a press release that capitalizes on the notoriety of your music? Last I checked notoriety doesn't always equal money. Many a musician has died broke with plenty of notoriety.

Anonymous Worcesterite's picture

Re: music publishing and bars

This same ASCAP move happened to Sahara Restaurant, which wound up paying a heavy fine AND get the license.