Other web Sites
Harmonica Blues  Harmonica Amps
Harmonica Links Harmonica Pages
• Archives Home
• Years
 · 1992
 · 1993
 · 1994
 · 1995
 · 1996
 · 1997 		 · 1998
 · 1999
 · 2000
 · 2001
 · 2002
 · 2003
 
Web HarpL
Ebay Searches:
Amps:
Microphones:
Effects:
Harmonicas and Gear:
Harmonica Music and Instruction:

 

 

Harp-L Archives

[Previous Message] [Next Message]
[Next in Thread]
[Start of Thread] [End of Thread]

Date: Thu, 18 Oct 2001 11:03:31 EDT
From: Windsav~ol.com
Subject: ASCAP clairification

- --part1_55.1c4e5712.29004943_boundary

In a message dated 10/18/01 9:37:28 AM Central Daylight Time,
sgravi~l.mit.edu writes:

> The law and ASCAP's interpretation of it are ridiculously broad. It seems
> that I can buy a CD of Elvis singing "Love me tender" but I can't sing it
to
> my wife without an additional liability. Especially since "Love me
tender"
> is and the traditional non-copyrighted "Aura Lee" with just different
words.
>
> Obviously ASCAP doesn't go after awkward crooners like me, but they don't
> say where they draw the line either.
>

They do in fact have defined lines. Since songs are copyrighted material
just like a movie, book or play they have certain protected rights. ASCAP
and BMI and SESAC are all organizations that work to protect the rights of
the songwriters. A song performance is no different than screening a movie
or staging a play. The performance of copyrighted works in a public venue
(i.e. bar, club, ballpark, stadium) needs to have approval from the ouwner
of
the copyright. Again, the performance of copyrighted work in a PUBLIC venue
needs to have approval. Obviously, crooning a tune to your wife in the
bedroom is not subject to approval (except by the wife!).

Thus, the blanket licenses that ASCAP, BMI and SESAC charge are in fact an
authorization to publicly perform the copyrighted songs. Note that there
are
lots of songs that are in the "public domain." For example, classical music
from the old composers (i.e. Mozart, Bach, etc) can be played without having
to pay a license fee . Rock, blues and jazz tunes are all pretty much all
still under active copyright protection, but are starting to enter the
public
domain. For example, the song "take me out to the ballgame" is now public
domain and free to perform.

Paying the license fee makes more sense than not paying and getting caught.
The law is pretty clear (Copyright act of 1978 with amendments).

Think of it this way. The bands and clubs are all making money by
performing
songs that they did not write. Why should the songwriter sit back and watch
the world profit from their creation while they get nothing? Thus, ASCAP,
BMI and SESAC were created to provide a means for songwriters to effectively
provide people the authorization to perform their songs. It's a small
price
to pay for a lot of entertainment and enjoyment.

- --part1_55.1c4e5712.29004943_boundary

In a message dated 10/18/01
9:37:28 AM Central Daylight Time, sgravi~l.mit.edu writes:





The law and ASCAP's
interpretation of it are ridiculously broad.  It seems

that I can buy a CD of Elvis singing "Love me tender" but I can't sing
it to

my wife without an additional liability.  Especially since "Love me
tender"

is and the traditional non-copyrighted "Aura Lee" with just different
words.



Obviously ASCAP doesn't go after awkward crooners like me, but they
don't

say where they draw the line either.





They do in fact have defined lines.  Since songs are copyrighted
material just like a movie, book or play they have certain protected rights.
 ASCAP and BMI and SESAC are all organizations that work to protect the
rights of the songwriters.  A song performance is no different than
screening a movie or staging a play.  The performance of copyrighted
works in a public venue (i.e. bar, club, ballpark, stadium) needs to have
approval from the ouwner of the copyright.  Again, the performance of
copyrighted work in a PUBLIC venue needs to have approval.  Obviously,
crooning a tune to your wife in the bedroom is not subject to approval
(except by the wife!).



Thus, the blanket licenses that ASCAP, BMI and SESAC charge are in fact
an authorization to publicly perform the copyrighted songs.  Note that
there are lots of songs that are in the "public domain."  For example,
classical music from the old composers (i.e. Mozart, Bach, etc) can be
played without having to pay a license fee .  Rock, blues and jazz
tunes are all pretty much all still under active copyright protection, but
are starting to enter the public domain.  For example, the song "take
me out to the ballgame" is now public domain and free to perform.



Paying the license fee makes more sense than not paying and getting
caught.  The law is pretty clear (Copyright act of 1978 with
amendments).  



Think of it this way.  The bands and clubs are all making money by
performing songs that they did not write.  Why should the songwriter
sit back and watch the world profit from their creation while they get
nothing?  Thus, ASCAP, BMI and SESAC were created to provide a means
for songwriters to effectively provide people the authorization to perform
their songs.   It's a small price to pay for a lot of
entertainment and enjoyment.

- --part1_55.1c4e5712.29004943_boundary--