Last month, ASCAP filed 21 lawsuits against live music venues
How much does this concern you guys who gig for a living and how do you
approach the issue with the club owners?
I've played a few places that told me I could only play originals, which is
fine by me because I only play originals. Well, I play a few re-imagined
covers, too, but I wanted to write that last sentence that way, so I
lied. I left them off my songlist at those clubs without licenses. I'm
not currently a member of a performing rights org. More on this at the bottom.
If I played in more unlicensed places it'd be a great excuse to not play
requests, except from those rabid fans who know and request my own
material. They are my true love in any case.
(Breakfast Special, an incredibly funny band back in the 70's, dealt with
requests in the following fashion: Somebody'd yell out a request, say "Do
Free Bird." Then whoever was introducing the next number would say "Now
we're going to do Free Bird." And then they'd play whatever the hell they
were gonna play in the first place.)
As to how you'd approach the issue with the club owners, I'd not do
that. If they don't bring it up, assume that they have paid their ASCAP
and BMI licensing fees for the year, or love paying those hefty fines. It
is not your responsibility until you are told to only play originals.
Here's the big deal: only playing your own originals won't do the
unlicensed club owner lick of good if you are a member of ASCAP or
BMI. You are not supposed to play your licensed material at a club that
doesn't pay for licenses. I get the sense that those fines are a nice
profit center for the performance rights orgs, and they send their goons
out all over America, so beware if you fit the bill as described in this
paragraph.