RE: Composers should also get paid

["Jim Bailey" <jbailey@wsimail.com>]

It's my understanding that those rules only apply to BMI and ASCAP
sanctioned venues(mainly big venues and stadiums and junk)?  If that
isn't the case wouldn't every house cover band be shut down or fined on
a regular basis?  Hell, in Texas even the acts that do mostly originals
do 30% to 40% covers.

-----Original Message-----
From: John McIntyre [mailto:mcintyre@pa.msu.edu] 
Sent: Friday, July 13, 2007 1:29 PM
To: Loopers-Delight@loopers-delight.com
Subject: Re: Composers should also get paid


Bill Fox wrote:

> Regarding establishments that hire live music: A friend of mine played
> piano at a small establishment in Columbus, Ohio.  He was allowed only

> to play music that is in the public domain because the owner did not 
> want to pay for a license from BMI or ASCAP.  Eugene desperately 
> wanted to play Dave Brubeck's music in order to make the job as fun as

> possible.  So he wrote to Brubeck himself and received written 
> permission to play his music royalty free at this particular 
> establishment! 

I do not know for sure, but I suspect that that was not legal.  My guess

is that when Brubeck signed with a publishing company, he signed away 
his control, and the publishing company would need to be the one to 
waive the royalty.  Or perhaps it would have to be the performance right

company (e.g., BMI or ASCAP).  Does someone with more knowledge than I 
know for sure?

John McIntyre
mcintyre@pa.msu.edu