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ASCAP


senorblues

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A venue I play at regularly just got hit by an increase in ASCAP fees and has decided that music is no longer viable. Apparently, the guy doing weekly open mics will keep his gig by limiting performers to originals. I'm wondering if I can salvage my gig by playing public domain songs exclusively. Has anyone run into this problem and, more importantly, considered this solution?

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I can't remember if I've discussed this on this forum so please forgive me if I'm repeating myself.

 

Years ago I played a club (six nights a week) where the owners decided to pass the SOCAN costs on to the musicians. SOCAN is basically a Canadian version of ASCAP. IIRC it cost the band just under a hundred dollars a week. It wasn't really "legal" for the club to do that but they did it anyway.

 

I would think that some communication with ASCAP might shed some light on the subject. If you had a response from them in writing, that public domain songs were just fine, that might change the club's tune. Obviously you wouldn't want to mention the venue's name in any oral or written communication.

 

BTW that must have been some increase. I assume they're going with streaming music for their background needs as well.

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I'll rephrase the question.

 

I'm assuming many of you have approached a venue that didn't have music to see if they were receptive to hiring you. Seems to me that if their response was "We used to have live music, but the ASCAP fees were too high." - and I've heard this more than once - wouldn't it makes sense to offer music content that eliminated that objection?

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A venue I play at regularly just got hit by an increase in ASCAP fees and has decided that music is no longer viable. Apparently' date=' the guy doing weekly open mics will keep his gig by limiting performers to originals.[/quote']All songs are originals. Even if the performer wrote them, if the songs are registered with ASCAP/BMI the venue has to have a license.

 

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My personal songbook contains 80 songs from 1922 and before, which would be two nights worth. However, I wouldn't even consider singing some of them that I learned for a WWI concert -- awful, evil lying pro-war songs. I wouldn't call it a great era in song and 1922 is just about when things start to get good, but here's a list that I'd gladly work from if there was occasion to do so. (The list you linked to, by the way, is brilliant!)

 

1650 The Water Is Wide Anonymous

1750 Shady Grove Anonymous

1823 Home Sweet Home John Howard Payne & Henry Bishop

1825 Shenandoah Anonymous

1834 Annie Laurie Alicia Scott

1848 Oh! Susanna Stephen Foster

1850 Careless Love Anonymous

1850 The Spinning Wheel John Francis Waller

1851 Old Folks At Home Stephen Foster

1852 My Old Kentucky Home Stephen Foster

1852 Camptown Races Stephen Foster

1854 Hard Times Come Again No More Stephen Foster

1854 Jeanie With the Light Brown Hair Stephen Foster

1855 Some Folks Stephen Foster

1864 Beautiful Dreamer Stephen Foster

1864 If You've Only Got a Moustache Stephen Foster

1874 My Grandfather's Clock Henry Clay Work

1875 The Spelling Bee Septimus Winner

1880 The Kerry Dance James Lynam Molloy

1883 Molly Malone Anonymous

1884 All Through the Night Anonymous

1885 The Boy I Love is Up in the Gallery George Ware

1899 Hello! Ma Baby Joseph E. Howard and Ida Emerson

1899 Keep on the Sunny Side Ada Blenkhorn & J. Howard Entwisle

1902 In The Good Old Summertime Ren Shields & George Evans

1902 Under the Double Eagle Josef Franz Wagner

1904 Frankie and Johnnie Anonymous

1905 Wait ‘Till the Sun Shines, Nellie Harry Von Tilzer & Andrew B. Sterling

1908 Shine on, Harvest Moon Disputed

1908 Down By The Old Mill Stream Harry Macdonough

1909 By the Light of the Silvery Moon Gus Edwards & Edward Madden

1910 When Father Papered the Parlour Weston & Barnes

1910 Some Of These Days Shelton Brooks

1911 Alexander's Ragtime Band Irving Berlin

1911 The Floral Dance Katie Moss

1912 Waiting for the Robert E Lee Muir & Gilbert

1912 Moonlight Bay Percy Wenrich, the lyrics by Edward Madden

1913 Danny Boy anonymous & Frederic Weatherly

1913 Ballin' the Jack Chris Smith & James Henry Burris

1913 You Made Me Love You Joseph McCarthy & James V. Monaco

1914 The Aba Daba Honeymoon Arthur Fields and Walter Donovan

1914 Saint Louis Blues W. C. Handy

1914 There's a Long Long Trail A-Winding Stoddard King & Alonzo "Zo" Elliott

1914 They Didn't Believe Me Jerome Kern, lryics by Herbert Reynolds

1915 I Ain't Got Nobody Spencer Williams & Roger Graham

1916 Walkin' The Dog Shelton Brooks

1917 I'm Always Chasing Rainbows Harry Carroll & Joseph McCarthy

1917 For Me and My Gal George W. Meyer, Edgar Leslie & E. Ray Goetz

1917 Darktown Strutters Ball Shelton Brooks

1917 I Didn't Raise My Boy To Be A Soldier Alfred Bryan & Al Piantadosi

1918 After You've Gone Turner Layton & Henry Creamer

1918 Down By the Riverside

1918 Somebody Stole My Gal Leo Wood

1919 Let The Rest Of The World Go By J. Keirn Brennan & Ernest R. Ball

1920 Avalon Al Jolson, Buddy DeSylva & Vincent Rose

1920 Look for the Silver Lining Jerome Kern, lyrics by Buddy DeSylva

1920 Ain't We Got Fun Richard A. Whiting, lyrics by Raymond B. Egan & Gus Kahn

1920 After You Get What You Want, You Don't Want It Irving Berlin

1922 Chicago (That Toddlin' Town) Fred Fisher

1922 Yes! We Have No Bananas Frank Silver & Irving Cohn

1922 My Buddy Gus Kahn & Walter Donaldson

 

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I would avoid things like Darktown Strutters' Ball, some of the Stephen Foster material is also consider a tad racist.

Here in the US, no sound recording will be in the public domain until 2067, unless the copyright holders explicitly place into the public domain...so we have a long wait...but there is the Lostprophets material that Sony relinquished a couple of years ago... ;)

There has been a lot of backlash regarding the ASCAP fees, and sadly much of it is rooms refusing to pay and killing off gigs. Nothing is sadder to me than an empty stage...except great musicians with nowhere to play.

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who owns original sound? now theres a market... i hereby declare, by divine right and manifest destiny, that i fully and completely retain all rights and ownership of sound, in its entirety of being. there, its in writing, its been read on the internet. it is now undisputed factual truth forever and ever or until the ink almost dries on this poast...

 

If you can own music, and thats a pretty big "if", you only own the music thats inside you, once youve given birth, its got its own life. get over it paul williams, just because you own it on paper doesnt mean you can ever " own it " live, on stage...

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I'm careful about Stephen Foster, too. "'Tis summer and the darkies are gay" indeed!

 

"Darktown Strutter's Ball," though, is a little different. It was written by a black man (from Canada btw) and is a description of a social event that he would have known well and probably attended. Is it racist for me to sing the original words? They are clearly about an urban black celebration. I'll take that chance in order to sing a great and (in its time) very popular song. No one has called me on it yet.

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i understand the debacle too well... i once heard tell of some crazy fellow that got around this for a while by "renting a space" at a venue... he wasnt hired to play music, he rented the stage from the owners and then after his contractual agreement had ended, he cleaned the stage and was remunerated for his labor in cleaning. he got paid for cleaning, what he does in his rented space is his business... he isnt playing music for money or for anyone other than himself in his rightfully rented space, if others want to listen they are free to do so, if they dont, they dont have to... ?

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'Yes, We Have No Bananas', on the other hand, is clearly racist. A dialect song about Greeks. And I've actually never sung it in public.

 

The 1899 cylinder recording of 'Hello Ma Baby' is introduced as 'A coon song sung by Arthur Collins'. And the singer is portrayed as a gullible simpleton. But it's pretty easy to change out a few words to fix the racist part.

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From http://www.ascap.com/~/media/files/pdf/licensing/brochures/music_in_the_marketplace.pdf

A blanket license permits the license holder to perform any or all the works in the

performing rights organization’s repertory. If a

choice is made to publicly perform only

music that is in the public domain—that is, music that is no longer or never was

protected by copyright—no license is necessary.

 

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That was my assumption. Still wondering if anyone else has ever pursued this. I'm guessing rarely, if ever, but if it's a restaurant wallpaper gig, and you're playing in your own style so that it's sound that is what is being offered, more than the song content, seems to me it would serve the purpose.

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I have lost a couple of gigs because venues decided it cost too much. The problem is, each PRO uses a different formula to charge the venues. One uses seating, and another uses square footage, and so on. And when they have three of them (ASCASP, BMI, SESAC) beating on their door, well...

 

I would rather the PROs charge musicians to perform covers. I'd gladly pay it. If everyone paid in, it would cost each of us something like 50 or 100 dollars a year, kind of like union dues, which amounts to one night's gig or less for me to pay out. It would encourage more venues to hire more musicians and the PRO would make more as well.

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I haven't talked to the owner yet . . . taking a wait and see attitude. The venue has two good sized rooms but the restaurant upstairs where I've played only has music once a week. Downstairs is three times a week - an open mic, and cover charged the other two. I don't know how the ASCAP fees are applied to this venue, but the underlying issue seems to be that if a large venue wants live music, it needs to make the best use of its' space, pretty much on a nightly basis. I suspect ASCAP saw what their potential was, rather than what they were actually doing.

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Sounds like good money for some lawyers to me.

 

I think technically the stage cleaner would be responsible IF and I mean IF the contract between the stage cleaner and the stage owner was airtight enough.

 

Personally, while I like to see songwriters get money for their songs, I don't think ASCAP distributes them properly and I also think ASCAP does as much harm as good at the local live music level.

 

But I'm looking at it from a musician's point of view.

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I have no problem with race or ethnic songs, as long as they aren't insulting to that race or ethnicity.

 

I wouldn't sing songs that insult doctors, teachers, electricians or other trades either {with the possible exception of lawyers and politicians (wink/grin)} .

 

But something non-specific and light-hearted like Mose Allison's 'Your Mind Is On Vacation (And Your Mouth Is Working Overtime' is OK with me because it doesn't sing about anybody or any group in particular.

 

I play to have fun, not to hurt anyone's feelings.

 

Notes

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