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Old 02-18-2017, 07:59 AM
Bosko Bosko is offline
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Location: Laguna Beach, CA
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Default ASCAP has its critics

ASCAP attracted media attention in 1996 when it threatened Girl Scouts of the USA and Boy Scouts of America camps that sang ASCAP's copyrighted works at camps with lawsuits for not paying licensing fees.These threats were later retracted.[33] However, it has drawn negative attention for cracking down on licensing fees on other occasions as well, such as when it demanded that open mic events need to pay licensing (even if most or all of the songs are original).

ASCAP has also been criticized for its extremely non-transparent operations, including the refusal to release attendance records for board members, the notes from board meetings, and the reasoning behind their weighting formulas which determine how much money a song or composition earns for use on television or radio.

In 2009, an ASCAP rate court case regarding ringtones generated considerable public attention. Critics claimed that ASCAP may seek to hold consumers responsible for a ringtone public performance. In statements to the press, ASCAP noted the following:

It is seeking to ensure that wireless carriers pay ASCAP members a share of the substantial revenue that mobile operators derive from content (like ringtones) that uses ASCAP members' music. This content includes the delivery of full track songs, music videos, television content, ringtones and ringback tones.
It has been licensing wireless carriers and ringtone content providers since 2001, and that it is not in any way seeking to charge consumers.
It is striving to license those that make a business of transmitting its members' music. This holds true for any medium where businesses have been built by using this music as content or a service – whether terrestrial broadcast, satellite, cable, Internet or wireless carriers providing audio and video content.

On October 14, 2009, a federal court ruled that "when a ringtone plays on a cellular telephone, even when that occurs in public, the user is exempt from copyright liability, and [the cellular carrier] is not liable either secondarily or directly." The ruling made clear that playing music in public, when done without any commercial purpose, does not infringe copyright. (US v. ASCAP, US District Court, Southern District of New York).

Further controversies arose involving ASCAP in 2009 and 2010. The organization requested that some websites pay licensing fees on embedded YouTube videos, even though YouTube already pays licensing fees,[39] and demanded payment from Amazon.com and iTunes for 30-second streaming previews of music tracks,[40] which traditionally does not require a license, being considered a promotional vehicle for song sales. It also sued a Manhattan bar over the unlicensed use of music, naming Bruce Springsteen as a plaintiff without Springsteen being informed or consenting.

In 2009, Mike Masnik, the founder and CEO of Floor64, accused ASCAP of keeping some royalties instead of passing them on to artists. He claimed ASCAP collects royalties from all sizes of live performance on behalf of all the artists it represents but passes on the royalties only to artists whose music is represented in one of "the top 200 grossing US tours of the year."

In June 2010, ASCAP sent letters to its members soliciting donations to fight entities that support weaker copyright restrictions, such as Public Knowledge, the Electronic Frontier Foundation, and Creative Commons, creating notable controversy as many argued that these licences are a form of copyright and offer the artist an extra choice. Lawrence Lessig, a co-founder of Creative Commons, responded stating that they are not aiming to undermine copyright, and invited ASCAP for a public debate. The offer was turned down by ASCAP's Paul Williams.