[atlantaprog] Re: atlantaprog Digest V1 #66

If you wanna see some serious overzealousness (besides the RIAA's
Subpoenas Gone Wild) read this article.  This is from last Feb, and is
happening right here in Little 5 Points.  This pisses me off.  A good
example of what is wrong with companies like BMI and ASCAP.  They may
have good interests at heart, but their M.O. is reprehensible.

Alex F/Brain21

Businesses Told to Pay Licensing Fees

Reported By: Jon Shirek
Web Editor: Manav Tanneeru
Last Modified: 2/13/2003 11:18:38 PM=20
Performing rights organizations like ASCAP and BMI, by virtue of
authority from the federal courts, are in the midst of a campaign to
make sure businesses are paying royalties for the background music that
they use. Some business owners, however, simply claim it to be a
=93rip-off.=94

Musicians from the Atlanta band Kibosh say music is not a business, but
a calling. They have day jobs, instead, that pay their bills.=20

One day, while working at Little Five Points Pizza, bassist David
Whitworth was listening to his compact discs when a stranger in a suit
walked in and order him to turn off his CDs.=20

=93He was, like, telling us if we don't comply with what he says, he's
gonna file lawsuits against us on behalf of the music artists,=94
Whitworth said.=20

The man in the suit represented ASCAP and BMI and Little Five Points
Pizza was accused of not paying licensing fees.=20

=93I play my own music. But, yet, they're telling me I can't play it
because they're protecting the artists. They're not protecting me,=94
Whitworth said. =93It's like, you go with our company or we're going to
file a lawsuit. You know, some old-style gangster tactics, almost.=94

Over the past several months, Atlanta=92s Little Five Points =
neighborhood
has been discovered by the two publishing giants. The performing rights
organizations have federal court mandated authority to demand that their
musicians get paid by any business that plays their music.=20

=93We felt very threatened,=94 said a woman who runs a small clothing =
shop
in the neighborhood. She did not want to be identified in this report.
She plays CDs in her shop and she refuses to pay the licensing fees.=20

=93I don't think anybody has ever bought a dress from me and said, you
know, I bought this because they music's so great,=94 she said with
laughter.=20

Catherine Brewton of BMI does not agree. =93Even if it's faint =
background
music, it enhances the establishment and it's incumbent upon them as an
establishment to pay the creator for the use of that work,=94 she said.=20

Brewton said that once a group like Kibosh gets a record, the
songwriters only get pennies from the sale of each CD. About all that
most musicians ever earn for their work comes from businesses that play
the CDs as background music.=20

ASCAP and BMI want it known that if the business owners did not pay
their licensing fees, they can face liens and garnishments. Officials
said they can also expect federal marshals to raid their businesses and
clean out the tills every night.=20

Brewton said ASCAP and BMI agents are aggressive for the benefit of the
musicians.=20

=93Absolutely, because otherwise everybody would feel that, you know, =
that
the music is for free,=94 she said. =93It's a service that's necessary, =
and
it's not going away.=94

=93I think it's a rip-off,=94 said Denise Gerard, who runs the James =
Joyce
Irish Pub. She has invested thousands of dollars into buying CDs and she
plays them in defiance of BMI on principle.=20

=93That cost me a substantial amount of money. And then somebody hits =
you
up for 800 bucks a year, so you can use it,=94 she said.

Donald Hinamon, who runs the Euclid Avenue Yacht Club, however, said it
is futile to fight the companies.=20

=93If they bust me playing one of their songs [snapping his finger] then
I'm in court. They've never lost a case, this is something, you know,
I'm powerless, and just pay the money,=94 he said.=20

Little Five Points Pizza decided to subscribe to an approved cable radio
service instead of paying the licensing fees.

And while Whitworth works there, Kibosh is in his heart but Muzak is on
the speakers.=20

=93Our choice has been taken away,=94 he said. =93Music is for the =
people. It
shouldn't be a business.=94

Last year, ASCAP and BMI collected about $1 billion for musicians
worldwide.=20


> -----Original Message-----
> From: atlantaprog-bounce@xxxxxxxxxxxxx=20
>=20
>=20
> I'm sorry about the guy and his business, but how else are=20
> songwriters=20
> supposed to make a living if they can't earn royalties on=20

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