Re: [Harp-L] Plagiarism and cost of licensing for performance

["Bob Laughlin" <rlaughlin@xxxxxxxxxxxx>]

Here's another scenario:

Let's say an ASCAP spy visits the local pub, and is spotted by one of the
local boys. He notifies his local affliliations, and they throw a party for
the invitee on a rented boat. Does the pub have to pay damages if he
accidentally falls overboard a few miles out?

BL
----- Original Message ----- 
From: "Winslow Yerxa" <winslowyerxa@xxxxxxxxx>
To: <harp-l@xxxxxxxxxx>
Sent: Tuesday, July 03, 2007 2:45 PM
Subject: Re: [Harp-L] Plagiarism and cost of licensing for performance


> --- Haka Harri <harri.haka@xxxxxxxx> wrote:
>
> > Just out of curiosity, if I were to play "Juke", note for note, on a
> > live gig, what amount of money would I legally have to send to Little
> > Walter's sister? What about if I played a solo note for note (12
> > bars) imbedded into my own song? It was already clarified that riffs
> > (4 bars) are ok without royalty issues.
> >
> > Harri
> > A smart question, Harri.
>
> Looking at the website of one of the main US performing rights
> organizations, ASCAP, the American Society of Composers and Publishers,
> they don't make it easy to get an idea of the cost of licensing of a
> single song.
>
> What they want is nightclubs and other public venues to buy a license
> that will cover not just live performance but any CDs, music TV shows,
> etc. that customers might be treated to. It isn't based on a precise
> log of who played what, but rather a sort of estimate of likely usage
> of ASCAP-controlled compositions.
>
> Now here's a real live situation that has happened in small clubs right
> here in San Francisco. I have heard that similar things have happened
> elsewhere in the US and in the UK.
>
> A small club has live music, maybe a Sunday afternoon jam session. An
> ASCAP spy shows up and a few days later the club owner gets a whopping
> bill for $20,000 or a similar sum, claiming use of copyrighted
> compositions and failure to license, penalties, etc. The club owner,
> under penalty of legal action, either gets rid of live music
> altogether, counter-claims that no copyrighted composition (or only
> originals) were played, or negotiates a licensing deal under pressure.
>
> Now, let's say at that jam some harmonica player gets up, plays Juke,
> and claims it's really an original. Let's say the ASCAP spy is hip
> enough to know otherwise.
>
> You can see how the harmonica player's false claim could hurt the club
> owner.
>
> We live in a world of money and laws, and music is not exempt. Sorry,
> boys and girls, law, commerce, and art will alway be swirling in a
> complex dance. Pretending it isn't happening or complaining that it
> shouldn't be happening will not protect you when it reaches out to grab
> you.
>
> Winslow
>
>
>
>
____________________________________________________________________________
________
> Expecting? Get great news right away with email Auto-Check.
> Try the Yahoo! Mail Beta.
> http://advision.webevents.yahoo.com/mailbeta/newmail_tools.html
> _______________________________________________
> Harp-L is sponsored by SPAH, http://www.spah.org
> Harp-L@xxxxxxxxxx
> http://harp-l.org/mailman/listinfo/harp-l