Re: [Harp-L] ASCAP Lawsuits

[David Fertig <drfertig@xxxxxxxxx>]

I've encountered a few of these lawsuits over the years, and while there is, I presume, a legit basis for paying the fees (isn't it an important way in which artists get paid for their publishing?)  the manner of enforcement is clearly aimed to generate additional revenue, attorney fees, and "gotcha" dynamics, rather than to merely secure cooperative compliance. It's a pox upon the profession.

Although I gladly consider myself a legal privateer, I abhor the harsh piratical tactics employed here, it's like a recent scam proposed to a paraplegic friend to stand as plaintiff for shops which the lawyer scouts out as technically lacking ADA compliance, even though the "victim" never even saw the place.  It's simply unethical not to give fair warning and an opportunity to cure, a "shot over the bow,"  esp to small owners who are unwary.

But I am less sympathetic for club owners who already underpay bands, skip ascap.bmi fees, pirate cable and pay employees under-the counter, then cry "foul" when they're held accountable.  At least they should pay the bands better!

-Dave "Cap'n Hook" Fertig