This discussion has probably run it's course, but I found this article while searching the Naples, FL newspaper for any more news about my hero (I know what a geek I am) being arrested New Years Eve.

This article discusses just what we were talking about. BMI also enforces licensing, not just ASCAP. And, seems to me the whole deal really comes down to the attitude of the business towards paying the fee, not the cost of the fee itself (although it does concern me about Mom and Pop places, but I have no data on those):

http://www.naplesnews.com/npdn/news/article/0,2071,NPDN_14940_2552168,00.html

Also, I want to add a little story. I know an indie musician who has been making a living at live music for 30 years. Successfully. We'll call him Mark (not his real name). And I e-mailed him a few times to talk more about this. Out of the blue, he was watching
a video about something to do with the type music he creates, and low and behold, the main guy on the video up and plays one of Mark's songs! He was floored and pleased, but he had no idea about this, as they never obtained his permission. Now, this video was very successful overseas, selling like 400,000 copies! 100,000 copies in the US (10,000 copies in Canada) is considered platinum in video/dvd. So, I assume in several of those European countries, this video sold multi-platinum. The motherlode and the dream of many a songwriter!

Mark writes this guy, and the guy does acknowledge that yes, it was Mark's song and they "forgot" to get him included in the credits. He promised the record/video label would get Mark his royalites. I have no reason to doubt the sincerity of this guy, but they never did pay him, despite several attempts (which I personally blame on the record company - jee - what a surprise...hahah). My personal opinion is the record company decided they weren't gonna pay Mark, after all, what's he gonna do about it? It costs thousands (probably 10-30) to get an IP lawyer to sue, and since I've been told IP lawyers don't work on contingency (although I bet you can work something out with one somewhere), Mark would have to pay all costs up front for the lawyer. I don't know what the royalty rates are for film (actually, I believe they are negotable because those rates are not subject to compulsary law), but if this was a record, his royalty for 400,000 copies would be approx. $32,000. So, costs almost as much to sue as what the royalty was, and my opinion is the record/video company just decided he wouldn't put up the money to sue. The reason I wrote him was I had hoped he would volunteer why he didn't sue, as there are stiff penalties in the law for copyright infringement, but Mark never did volunteer that information, so I didn't pry. The only statement he had made publicly was that his small record label was in no position to take on a huge company.

Anyway, there was some justice in the story, a golden rainbow in an otherwise gloomy day if you will. He applied for and received his just money for the performance rights from the PRO's in those countries. He couldn't collect his reproduction/distribution/sync rights royalties from the record/video company, but he did get his performance rights fees. This whole story would have been a bust, as he would not have gotten a red cent if not for the PRO's. And mind you, that money is a big deal to an indie musician, who lives off of music. So, PRO's may not be perfect, but they ARE doing a big service to many people.

I would say that Mark is blue collar enough that he has "practical experience". I think he qualifies as an example of a hard working musician just the same as someone playing cover songs at weddings and clubs. Just the same as a Sara Light. Practical experience includes I would say someone who travels around the country mingling with musicians so that he/she gains wisdom and knowledge enough to pass that on to someone and help them get a Grammy nomination. Practical experience even includes me, as I have a stake in this too. I want to be able to go play live when I want to, and so I don't want to see fee's/working relationships so high/bad that they run off the business owners.

Just my thoughts....



[This message has been edited by Liszt Laughing (edited 01-08-2004).]

Boo...my name is Doug