tag:blogger.com,1999:blog-2182962435875556601.post539580380255529451..comments2023-09-24T08:04:06.909-04:00Comments on FSK's Guide to Reality: BMI/ASCAP/SESAC Legal Extortion ScamFSKhttp://www.blogger.com/profile/11903396202330950362noreply@blogger.comBlogger41125tag:blogger.com,1999:blog-2182962435875556601.post-87863514974575973382013-05-24T18:28:52.284-04:002013-05-24T18:28:52.284-04:00I would have no problem paying the fees, if they w...I would have no problem paying the fees, if they would warrantee their product and provide some indemnity. Say for example I serve someone lettuce on their sandwich and the lettuce made the customer sick, the medical costs for the customer would fall on me and my insurance company and then I or the insurance company would be paid by the vendor or distributor and so on. So if I paid ASCAP BMI Seasac, they should also be liable if someone slips and falls, or has emotional distress from too much Morrissey.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-47062980238810857282013-03-02T10:15:32.338-05:002013-03-02T10:15:32.338-05:00Damn. I never knew this was going on. I just finis...Damn. I never knew this was going on. I just finish coming out of a meeting with one of my artist and we were discussing signing up with sesac. Now after reading a lot of these comments I feel the need to do more homework on this company for the benefit of artist and my entertainment company. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-41552518333931975912013-02-03T10:44:17.710-05:002013-02-03T10:44:17.710-05:00Does the supposed infringement hold true for live ...Does the supposed infringement hold true for live djs play cd? What if you dont have a live band? We have an establishment with a capacity of 200 but after 3 years have never had that many patrons yet. Harassment since 6 months after we opened. We watched sports no music on our tvs. How can the charge for the number of tvs we have or anything else for that matter?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-88439751206447749472013-02-02T18:16:48.428-05:002013-02-02T18:16:48.428-05:00Not much is mentioned about a DJ playing cds? Sam...Not much is mentioned about a DJ playing cds? Same rules apply?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-54920784222874466372013-01-10T20:34:11.214-05:002013-01-10T20:34:11.214-05:00I am a musician that has earned my living for the ...I am a musician that has earned my living for the last 40 years performing live. BMI, ASCAP, and any other music "licensing" companies ARE a scam..., pure and simple! Because of these legal extortion fees, I can not tell you how many times in the past few years, I have had extreme difficulty in not only booking live gigs for my band, but also booking for the same fee as the last time we performed at any of these venues that are being drained by these fees! Trust me when I tell you, that VERY little of these paid fees are going to songwriters (as they all claim). The fees are going to lobbyists, politicians, and employees of these music licensing companies. It is ROBBERY, and needs to be addressed seriously in state and federal courts! When we musicians perform at local venues, we are actually freely PROMOTING the hit songs of composers and artist, and without this free promotion, the only thing that would promote their music is the radio and paid advertising! Restaurants, Bars, and any local venues that have live music, should NOT be extorted for these greedy and rediculous fees! These licensing companies are killing business and live music for millions of musicians and venues, to serve the greed of a small handfull of individuals that have found a lucrative and easy way to extort money from hard working, and honest business owners. Please everyone, express your opinion, write your elected officals, and FIGHT BACK!Pianoman54noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-80236476646641367422011-11-19T16:39:40.951-05:002011-11-19T16:39:40.951-05:00Actually, the BMI/ASCAP/SESAC extortion scam makes...Actually, the BMI/ASCAP/SESAC extortion scam makes it hard for beginner artists to find paying gigs in small restaurants.<br /><br />If the restaurant has to pay the musician *AND* the extortion licensing organization, they are much less likely to do it.<br /><br />If you're a small independent musician, BMI/ASCAP/SESAC are your enemies, because they make it harder for you to find paying gigs. The extortion licensing organizations only benefit bestselling musicians, and in many case, the copyright is owned by the media corporation.FSKhttps://www.blogger.com/profile/11903396202330950362noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-30143520657070993142011-11-19T16:30:20.150-05:002011-11-19T16:30:20.150-05:00If you are a club, bar, or restaurant owner, and y...If you are a club, bar, or restaurant owner, and you have a complaint that the PRO (performance rights organizations) fees are too high, or that their tactics for collecting have been thuggish, then there is a legitimate complaint and I'm inclined to sympathize with you.<br /><br />But I am a musician, and my experience with playing out is that everyone wants you to play for free or for tips, and it is damn near impossible to get a career started when restaurant owners expect you to somehow magically draw a crowd to a place and have them pay you a decent tip or buy your CDs on top of whatever they are having to pay for their meal. Plenty of people play for free, but most are not very good, and if they are, then they have spent hours, days, months, and years practicing, listening, and writing to get that way. <br />When you don't pay them or believe that you should get the result of their blood, sweat, and tears for nothing, then you are exploiting them and telling them that you believe what they do is worth nothing. <br /><br />If I came into your restaurant and ordered food and decided I didn't want to pay you for my beer or something, you'd throw me out and tell me not to come back, and you'd be justified. At the very least you'd think I was a colossal jerk because it costs you money to put a plate of food and beer on the table. Well it costs musicians money to drive to a venue, buy and upkeep instruments, and produce the CDs that they sell at their shows. Not to mention the opportunity cost (there's a good Red State economics term - look it up) of the hours writing and practicing as I said before. <br /><br />That would all be true even if writing a quality hit song were easy, and it is not. Even for experienced and talented writers it is a crap shoot sometimes whether or not an audience will like any particular song, not to mention the cost and trouble of getting that song on the radio. <br /><br />So if you want ASCAP, BMI, and SESAC to give you a more affordable rate, fine. I would love to see that dialogue open up and get some national attention. But if you are using musicians and their music to drive business into your establishment, whether or not they are successful (you still have to pay for the lettuce that people don't eat and the fruit that goes bad), and you are not paying them YOU ARE EXPLOITING THEM AND STEALING THEIR SERVICES.<br /><br />I'd love to write more, but I have to drive another 35 miles to play another show for no money.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-28448044024996457992011-09-29T05:24:47.020-04:002011-09-29T05:24:47.020-04:00I get BMI and ASCAP in big business, I don't g...I get BMI and ASCAP in big business, I don't get it for small business. I've never heard of a person going to the grocery store to listen to music and then saying, "hey while I'm here I might as well shop". Stores make zero money on playing music. All they do is advertise for music.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-1585136375600316182011-09-29T05:17:34.971-04:002011-09-29T05:17:34.971-04:00I am a bar owner and BMI and ASCAP are both breath...I am a bar owner and BMI and ASCAP are both breathing down my neck. I am doing everything in my power to keep my doors open. I can't even get all of my bills paid every month, let alone have more money to give BMI and ASCAP. If not one business or venue paid those fees but kept it legal and didn't play any music, how would people hear the music to know to buy the CD, concert tickets, Tshirts ect.. So basically they want us radio stations, bars, restaurants and stores to pay them to advertise for musicians and writers. It needs to be changed and be regulated by how much money you make off of the music. If your a concert hall making thousands of dollars a night or a band making thousands of dollars per performance, then I can see paying for the right to do so. BMI and ASCAP charge $331.00 and $441.00 for having the jukebox, Then if anyone dances they charge $1.70 per person at maximum capacity, Then if you charge a cover charge they charge another charge, I don't remember how much, per person at maximum capacity. A jukebox costs $5,500.00 empty. Then you have to buy the CD's at an average of $15.00 each. Then you have to buy the paper that goes in the jukebox listing the songs and there number for around $100.00. The CD player in them goes out approx. every 18 months to 2 years, that's another $300.00. Then you have to buy new music to keep it updated. You also pay for the electricity, and replacement light bulbs at $14.00 each, there are two. I get appox. $900.00 a year out of the jukebox, of which I pay taxes on. Then of course there is the constant repairs of circuit boards and mechanical problems. Then, of course the government has to put there touch on it, they change the money so you have to spend alot of money getting you machine to take, it gets harder and harder to find old money. BMI and ASCAP want me to pay them $772.00, if no one dances.That doesn't count SESAC, which hasn't contacted me yet. They make sure you can't make money in small business in America.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-6186102422226129132011-09-15T15:10:25.809-04:002011-09-15T15:10:25.809-04:00No one ever brings up the unfair practice that BMI...No one ever brings up the unfair practice that BMI and others participate in... that is the extortion of only a few or one bar(s) in a small town. It's one thing to have to pay these fees but it's totally another when you are the only bar or business in town being made to do so.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-35311553818992752262011-08-22T06:37:33.728-04:002011-08-22T06:37:33.728-04:00NiceNiceSEOhttps://www.blogger.com/profile/08083214713313858834noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-90423520915898149672011-07-29T12:31:25.062-04:002011-07-29T12:31:25.062-04:00wow, i had no idea of the scope of this issue. whi...wow, i had no idea of the scope of this issue. while artists should get paid for their work, threatening small bar owners with big lawsuits because they have a guy playing a few covers to 20 people is silly. on the other hand the commenter here that said a big ac/dc cover band bring 100s of people to the bar owes something to ac/dc has a point. <br /><br />a compromise fair to both sides might look at letting the small fry get off easy and pay more attention to larger establishments. a neighborhood bar with small capacity and small crowds for small acts should have to pay really small (or no) fees and the undercover hired thugs should have to show proof of big crowds. <br /><br />the larger venues making larger profits from larger acts should pay a bit more as a cost of doing business.<br /><br />great article though, thanks!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-685364531097531082011-07-11T08:27:40.638-04:002011-07-11T08:27:40.638-04:00Get Royalty Free Music, videos for Wedding Photogr...Get <a href="http://www.themusicbed.com/" rel="nofollow">Royalty Free Music</a>, videos for Wedding Photographers, Portrait Photographers, Wedding Videographers, Non-Profit Organizations, Ministries & Churches and Production Companies.Music Licensinghttp://www.themusicbed.com/noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-41073342656452575202011-07-06T03:22:33.468-04:002011-07-06T03:22:33.468-04:00I agree that the performing licensing fees for a b...I agree that the performing licensing fees for a bar/restaurant seem unfair, especially if underground music is played and those artists aren't being compensated. <br /><br />Maybe it can be looked at as an operating expense, same as a liquor license. As a consumer, atmosphere and drink choices are my two deciding factors when choosing an establishment to visit. I find an establishment eerie when there are no TVs or no music is being played and feel uncomfortable and usually leave. <br /><br />I work in beverage marketing and sales in the On-Premise and see direct sales results due to music and television events that drive customers into establishments. Again, I agree having to pay all three PROs is not fair, but thinking a bar/restaurant can survive without television or music is not reality. <br /><br />Do the companies provide a catalog of songs they have the rights to? If so, one could be picked and create cds/playlists with approved songs and make sure to hire bands that will stay in the parameters of the catalog. <br /><br />Maybe I should create a satellite or online radio station for each PRO consisting of music from their own catalog and jump on the moneymaking bandwagon - that is a complete joke, but it would make sense for these companies to offer this if an establishment is paying for the rights to play the music.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-86994880786139098162011-07-05T21:06:38.735-04:002011-07-05T21:06:38.735-04:00BMI and related groups COULD be doing a HUGE publi...BMI and related groups COULD be doing a HUGE public service and running down kids that blast music from their cars. After all, they are in public and like it or not (almost always, "not", that I've heard from) other people are FORCED to hear it. As it is frequently impossible to tell what (and sometimes IF a) song is being played, we can assume that it is a BMI-covered song and instantly issue a fee for public performance.<br /><br />Cuts down on noise pollution, and give these pseudolegal goons something useful to do.<br /><br />They could really clean house here in Oakland!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-12792953284289600772011-04-25T22:45:20.646-04:002011-04-25T22:45:20.646-04:00Thanks FSK...I just found out that he owns a Domai...Thanks FSK...I just found out that he owns a Domain Name company ...His voice is on their answering machine & at his law firm...I have them on tape as matching.It is this same domain company which registered the Domain name of the website I went on to get the photo??? Is that not a trap? I'm sure I can get the voices matched by a voice expert...but would I still go to jail for something like this? I thank you for your time and response, truly...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-37250580195243136762011-04-25T19:02:44.603-04:002011-04-25T19:02:44.603-04:00Also, if you're charged with a crime, you shou...Also, if you're charged with a crime, you should be negotiating with the US Attorney (Federal) or District Attorney (state/local).<br /><br />In fact, the lawyer may be guilty of a crime for misrepresenting evidence and the law. Unfortunately, he will almost definitely not be sanctioned for lying.FSKhttps://www.blogger.com/profile/11903396202330950362noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-8719080357640980602011-04-25T18:40:06.236-04:002011-04-25T18:40:06.236-04:00You have two choices:
1. Cave and settle.
2. Call...You have two choices:<br /><br />1. Cave and settle.<br />2. Call their bluff and make them sue you. Fight it and represent yourself pro se.<br /><br />Hiring a lawyer is probably more expensive than settling.<br /><br />Also, since they're scum, it's pointless to write them and negotiate unless you're planning to settle. Anything you say or write will be used against you in an eventual trial.FSKhttps://www.blogger.com/profile/11903396202330950362noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-44648678828369780782011-04-25T14:59:45.045-04:002011-04-25T14:59:45.045-04:00Thanks FSK...but they are saying that I could go t...Thanks FSK...but they are saying that I could go to jail for 5 years because my website promotes cruises???Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-44419196208564687162011-04-24T01:42:19.930-04:002011-04-24T01:42:19.930-04:00Currently, in the USA, copyright infringement is c...Currently, in the USA, copyright infringement is civil and not criminal. However, insiders are lobbying to have that law changed!FSKhttps://www.blogger.com/profile/11903396202330950362noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-85232370978281669782011-04-23T19:47:05.565-04:002011-04-23T19:47:05.565-04:00I think this is happening to me. I have a small we...I think this is happening to me. I have a small website showcasing cruise itineraries which receives very little traffic. I posted a small 300 pixel by 250 pixel of a photo I found on a free screensavers website for a short period of time. I recently got an email from a lawyer threatening to sue me for $10,000 for copyright infringement on 2 counts and a DMCA violation accusing me of cropping out the photographers signature, payable by June 1st, 2011. The lawyer also threatened 5 years of jail time if convicted criminally. I spoke with the person who initiated the lawsuit and he was under the impression that I owned a large corporation and that they only go after big commercial businesses who have committed copyright infringement. I have no income, no assets, and neither does my husband except for that he makes a very small commissions on selling travel and without a salary. I had no idea I was breaking the law when I copied the photo from a free screensavers website. The photo I copied was advertised as a free screensaver and had no signature on it. I am a mom of a 14 year old son who is scared out of my wits. My son needs me and the thought of going to jail or having a record has made me so afraid that I cry myself to sleep every night. We don't have any savings and we could never afford to pay what they want. I am terrified that I may go to jail for something I did naively and without knowledge. It was a very innocent mistake, but the lawyer was quick to tell me that ignorance does not alleviate me from committing a crime. I own the website but he is threatening my husband & I and claiming that we have a partnership since he is on my website as a travel agent. Travel agents do not make very much money. We barely survive and are lucky to get a pizza once in a while. We have a lot of debt and live in overdraft. We do not own our own home and there's no money to go after. It's a tough economy but we work hard & struggle to survive. I have never broken the law except for a couple of speeding tickets. I am a good person and I can't believe this is happening to us. Does anyone have any advice to give me? I could surely use some right now...Thanks for readingAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-7383721383532856432011-04-08T18:46:08.428-04:002011-04-08T18:46:08.428-04:00If you're going to promote your class action l...If you're going to promote your class action lawsuit, don't so transparently obviously post under two different fake IDs.<br /><br />(ascapclassaction@yahoo.com and In Favor of a Class Action)<br /><br />A class action lawsuit probably won't work. The "justice" system is totally owned by insiders.<br /><br />Also, I don't own any entertainment business subject to BMI/ASCAP/SESAC extortion.FSKhttps://www.blogger.com/profile/11903396202330950362noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-24997362531812854032011-04-08T16:14:25.735-04:002011-04-08T16:14:25.735-04:00Liquor companies give free coasters, napkins, “Swa...Liquor companies give free coasters, napkins, “Swag,” etc. to get their name and product exposure… what would happen if every retail store, restaurant and bar in the country stopped playing music and got rid of TV’s what would these musicians do? All their FREE advertising gone….How long would it take for their music to go from unknown to known and make them money without all the additional exposure? Would there be a purpose for ASCAP, BMI, SESAC, could they even survive without our money? If we don’t have music or TV’s we don’t have to pay the fees… <br /><br />Maybe a Music and TV BLACKOUT needs to happen… how long would it take for reform when fees stopped rolling in? <br /><br />Aren’t these fees a form of taxation and aren’t we being taxed without representation?<br /><br />I like the idea of “ascapclassaction” whether it’s a class action or simple strike…In Favor of a Class Actionnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-68778032321249939222011-04-08T15:36:08.846-04:002011-04-08T15:36:08.846-04:00We need to band together to get this resolved. I p...We need to band together to get this resolved. I propose a CLASS-ACTION LAWSUIT. <br /><br />I agree, only one song can be utilized at a time so why are we paying three separate organizations. One fee split between the three organizations or simply buy commercial music service and we should be covered for all (DJ, Band, Ipod, Radio, etc) If only the most popular music is getting credit and being paid for what does it matter?<br /><br />If you agree, please email me and I will get something going… DON’T Be Faint of Heart I have a business partner who was part of lawsuit years back that won a $8M judgment against ASCAP. <br /><br />Email me your contact info at: ascapclassaction@yahoo.comascapclassaction@yahoo.comnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-14286737138647563322011-03-31T15:41:58.300-04:002011-03-31T15:41:58.300-04:00Yep - restaurant owner here, and seriously having ...Yep - restaurant owner here, and seriously having to consider losing the music or raising prices and lowering compensation to my musicians. I agree it is the very definition of extortion, i receive letters, emails and calls daily threatening me of pending lawsuits. and here i was thinking when i opened that i was being ripped off by the ridiculous charges from ASCAP ALONE, and then SESAC and BMI come knock knock knocking at my door. Oh shit! I used a licensed song lyric - let me go hide under a rock before they send their THUGS to break my leg.JACQUIEnoreply@blogger.com