The Mom & Pop Licensing Debate Continues…
As expected, the discussion continues on Performing Rights Organizations’ (namely, ASCAP/BMI) enforcement policies for small venues and local jam sessions…
A couple of insightful thoughts from some Bluegrass heavyweights, coincidentally both banjo pickers:
Pete Wernick (Dr. Banjo):
“This is a very fine and important discussion… The seriousness and sadness of the situation is crystal clear, and so is the counter-productivity of PRO reps who seem to know only the “bad cop” approach. I do understand the need at times for firmness, especially in the face of naivite and the threatening new norm that “all music should be free”. But just as necessary is *understanding* of how music grows and of the cultures that grow it, in professionals whose scope is as spectacularly diverse as America’s music scene.
It’s good to get piecemeal help from well-spoken reps from local bluegrass organizations, discuss at IBMA panels and such, but PROs’ shortsighted policies and one-dimensional enforcement styles need to change from the top down. I think that’s where to apply pressure, and sooner is better.” — Pete Wernick, IBMA-L, 2/9/10
Is real change possible? Can we get ASCAP not just to listen, but also to go to bat for the little guy?
The little guy and public performance are so fundamental to the development of bluegrass as a community activity and as a genre; a fair and metered response (and perhaps some much-needed positive PR) is certainly worth considering.
Banjoist, Bill Evans, questions if the “enemy”, so to speak, is ASCAP or all large PRO’s. Can’t wait for Dan Keen (ASCAP) to weigh in on this one..
Bill Evans:
I have heard from small business owners (cafe owners, bluegrass association heads, small festival promoters) who have indicated to me that ASCAP’s collection procedures are highly aggressive – and that the amounts of money demanded by ASCAP representatives are very high, given the role and nature of music at their establishments. In one local (for me) case, in El Cerrito, California, the ASCAP representative’s demand, which was backed by a threatened immanent legal action, was the last straw that forced the closure of the venue entirely. I’m sure that if others on this list have the nerve enough to step forward, they could relate other instances in their region. And it is always ASCAP that is talked about in this way, not BMI, not SEASAC. I’m kind of amazed that you haven’t heard about these stories yet, Dan.
I’m a very busy guy these days and I don’t have a lot of time to be fully educated on these issues or contribute very cogently to an ongoing discussion but I will say this – for many folks out there, ASCAP is the enemy. When most bluegrass musicians weigh the closing of venues vs. the small royalties received from publishing, we’ll almost always cast our lot with the venue owner. These venues affect our income much more directly than publishing royalties.” — IBMA-L, 2/9/10
You’ll know more as I do.. this is really getting interesting.
