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July 8th, 2007

Another Reason To Hate The Music Industrial Complex

Via Fark.Com.  As if you needed one more reason to hate the music industry.  They’re going after coffee shops who have live music

Six months after raising the curtain on their gourmet coffee shop in the beachside Indian Harbour Place shopping center, Laurie and Jim Hall decided to offer live music on Friday and Saturday nights.

The performers, normally duos, mainly covered songs written and made famous by other musicians. There was no cover charge, no pay for the musicians, no limit to how long patrons could sit on a couch with their coffee, playing chess and enjoying the music.

No problem.

Then a few months later, music industry giant ASCAP started calling and sending letters saying East Coast Coffee & Tea was in violation of copyright laws. The fee to continue the music was $400 a year.

"At the time, the shop was losing money, so we had to break it up into payments," said Laurie Hall. But the Halls paid, and the music continued.

Six months later, other music copyright companies began calling the Halls and demanding money. Most days there would be three or four phone calls from each company, Hall said. Finally, unable to afford the fees, she had to call most of her musicians — those who did not play original music — and tell them they would not be allowed to continue performing.

This aggressive — but legal — posture being taken by music licensing companies has the potential to unplug live music in many restaurants, bars and coffee shops in Brevard County.

Doesn’t this sound vaguely familiar?  First they agree to payoff the one guy…and then another guy shows up demanding money…and then another…and then another…

Andrus, the owner of Lou’s Blues, said he has had many run-ins with the copyright companies over the years.

"It started 15 years ago when I had a guy come out to our other place, Cantina dos Amigos, and play Mexican music on his guitar on the patio," Andrus said. "They came after me for money. Are they really sending royalty checks to the songwriter in Mexico?"

Andrus said he pays BMI and ASCAP about $3,000 a year but is ignoring the smaller companies that seek royalties from him.

"There are so many damned companies you don’t know who to pay," he said. "One guy called and said I had to pay him if I played any gospel music at all. It’s really a mess."

And in no way do the songs have to be performed live, or even on the radio, to elicit calls for royalties.

Andrus said a friend of his who owned a restaurant that did not feature music was contacted by a company looking to charge him because it owned the rights to a Hank Williams Jr. song, "Are You Ready for Some Football?" The song preceded every "Monday Night Football" telecast, which the restaurant carried on its televisions.

What next?  A shakedown of street performers who play for tips?  If the music companies had their way you wouldn’t be able to whistle a tune in public without paying them royalties.

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