If the venue owners does go to court on this one, I suggest they get their stories a little more believeable, as in there I read they say they probably did get the notice but probably treated it as yet another bit of junk mail and didn't read it, yet they go on to tell us, in part at least what it said.
That would probably be taken by the court as an inconsistsnacy in eveidence, and possibly would enourage the court to look at any other evidence they offered a little less favourably.
It is not the venue's resposability to submit play lists.
It is their responsability to pay their umbrella dues so artists can legally play whatever they do.
It is up to the artist to submit the play list so any writer's, themselves included if they are pro members get's their dues.
It matters not if they ar4e paid or not. It matters only they are using a writer's material to perform in public, at a venue deemed to require a licience.
It costs nothing for a performer/writer to join APRA, and I am pretty sure the same applies for BMI and ASCAP.
All it takes to be a full memeber is that one of their songs is in fact performed in public.
That requires , again in APREA, that the writer fills in an initial live play form which, for the first one needs to be signed by the venue it wsa first played at.
Simple as that.
A sign saying No covers doen't mean a heck of a lot, as it implies the songs not to be sung have to have been recorded commercially.
If it said Only artist original song to be performed it would work.
As is now with so many songs that will never see a known artist doingthem being available for download off the net, non writing performers can get their material from non recorded writer's material.
Those writers are also entitled to their dues.
Probably could use them more than the big name songs being ripped off.
All the pros have their stated rules and conditions on their web sites, I think it time a few of us read them, and if we are memebrs, started applying their principles.
Graham



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