Are "covers" at open mics being squeezed out?

buzzardwhiskey · #1 08-19-2013, 06:43 AM

I occasionally perform at an open mic at the nearest coffee shop. They recently asked that no covers be performed because they're being sued.

This is a sad state of affairs. The place is ridiculously small with an audience of ten max.

Is this happening elsewhere?

actaylor · #2 08-19-2013, 07:03 AM

Probably they haven't paid ASCAP/BMI royalties. An age old situation that has been beaten to death in other threads here.

Tobias Music · #3 08-19-2013, 07:03 AM

We just heard the exact same thing. One of our customers hosts an open mic at a local coffee shop. He's been doing it for years. An official from ASCAP stopped by and told him he's required to purchase an ASCAP license or risk being sued / shut down. This just happened this past week.
One of our teachers also runs a " Garage Band " business on the side. ( think School of Rock ) He received notice that he is also required to purchase a license. I'm hesitant to play Stairway to Heaven any more.

Judson · #4 08-19-2013, 07:31 AM

Yes ... one of the small coffee shop open mics I frequent has had the same situation occur.

While I completely understand the principle involved, I do not agree with the enforcement, which appears capricious, arbitrary, and more than a little heavy handed.

B. Howard · #5 08-19-2013, 07:46 AM

Quote:

Originally Posted by Tobias Music

hesitant to play Stairway to Heaven any more.

That's not really a bad thing.......

Bikewer · #6 08-19-2013, 07:48 AM

I imagine most actual artists/songwriters would be appalled by this. If I do a John Prine song, and announce that it's a Prine tune... Essentially I'm advertising for John.
"Prine, huh? Can I buy his records somewhere?".....That sort of thing.

Tonemeister · #7 08-19-2013, 07:53 AM

Makes no sense. You have to pick your battles in life. Playing for free should not require a license, you are promoting the copyrighted music.

I understand establishments make good money with bands playing covers, and the artists who wrote the songs should get some payback. However, open mics do not fall into that category. Pisses me off really. I am an ASCAP member too.

buzzardwhiskey · #8 08-19-2013, 08:03 AM

I love it. Cutting of your nose to spite your face is always the best choice. Were I a coffee house I would hang up a nice laminated poster of the top 300 or so artists who’ve bought ASCAP/BMI muscle and after the announcement that performers must not play covers suggest that the audience might like to read a partial list of artists who’ve chosen this form of capitalism.

grachi · #9 08-19-2013, 08:04 AM

ridiculous. If this happened at the place I play open mics, I'd tell everyone to stop by my house every Wednesday evening instead...

wa3jpg · #10 08-19-2013, 09:56 AM

Sometimes I actually hope that ASCAP wins all the battles. Then maybe we'll write our own music and sing / play it to each other. Then maybe we can develop our own culture and share it instead of having our values and culture sold to us by some amorphous power structure. Ah, my inner conspiracy theorist is back. I'd better go and take my medication now.... :-)

Clark

drumstrummer · #11 08-19-2013, 10:11 AM

Quote:

Originally Posted by grachi

ridiculous. If this happened at the place I play open mics, I'd tell everyone to stop by my house every Wednesday evening instead...

Quote:

Originally Posted by wa3jpg

Sometimes I actually hope that ASCAP wins all the battles. Then maybe we'll write our own music and sing / play it to each other. Then maybe we can develop our own culture and share it instead of having our values and culture sold to us by some amorphous power structure. Ah, my inner conspiracy theorist is back. I'd better go and take my medication now.... :-)

Clark

Starting to come around this way myself. Original music, shared among friends and family. We call it folk, but that's how it always was before there was an industry. Now that the industry is dying and clamoring for whatever they can while they still can, perhaps we will return to music as part of our lifestyle rather than as a commodity.

Landru · #12 08-19-2013, 10:31 AM

Quote:

Originally Posted by grachi

ridiculous. If this happened at the place I play open mics, I'd tell everyone to stop by my house every Wednesday evening instead...

Go right ahead, and feed everyone - your dime. Enjoy your freedom.

Landru · #13 08-19-2013, 10:33 AM

Quote:

Originally Posted by drumstrummer

Starting to come around this way myself. Original music, shared among friends and family. We call it folk, but that's how it always was before there was an industry. Now that the industry is dying and clamoring for whatever they can while they still can, perhaps we will return to music as part of our lifestyle rather than as a commodity.

Go right ahead and return music as a lifestyle - you're free to do so. You don't have to play anyone's songs, you can write and play your own, and give them away to all the people of Earth. Have fun!

dneal · #14 08-19-2013, 10:38 AM

Does this mean I have to stop covering "Smelly Cat"?

6L6 · #15 08-19-2013, 10:50 AM

The threat of a lawsuit is real. Just ask Hard Rock Cafe who took on the lawsuit and LOST.

That said, we're talking a SMALL amount of money to comply with ASCAP/BMI.

San Francisco Open Mics took a heavy hit when ASCAP/BMI lawyers started with the lawsuit threats. Most still don't allow covers, but some (like the historic Sacred Grounds Cafe) have paid the dues and are now allowing covers. And, their business is BOOMING again.

Fact is, most people don't want to hear original songs. They are most often WAY too long, and just not very good. When San Francisco went "originals only", the music scene at those venues virtually died.

Bill