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Home · Articles · News · Rogue of the Week · BMI/ASCAP
February 23rd, 2005 Brandon Hartley | Rogue of the Week
 

BMI/ASCAP

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It began with a mysterious phone call from a Nashville area code. "Hey, what kind of music are you guys playing on Friday night?" asked the caller.

Then the bills started pouring in.

Since January, North Portland restaurant Crêpe Soleil has been deluged with calls, letters and threats from this week's Rogue: Broadcast Music International, the music-biz titan that represents 300,000 songwriters, composers and publishers.

Last year, BMI's royalty revenues topped $573 million—in part by bullying establishments like Crepe Soleil, a fledgling eatery that seats 25 diners.

BMI says Crêpe Soleil is infringing on its copyrights by playing mood music and hosting open-mike nights. "I don't even know how they found us," says co-owner Andrew Hoeflein.

BMI bases its licensing fees on factors like maximum occupancy and floor space. If Crepe Soleil hosts a single song by, say, a ZZ Top cover band, theoretically it owes BMI royalties of $86.25.

Now BMI is demanding that the restaurant cough up $400 a year—or else.

"[BMI] will sue places like this," says Bill Perry, director of government relations for the Oregon Restaurant Association. "And they always win."

BMI wants its cut—no matter how small the venue. Ask Stefanie Fisher, the owner of the Abbey Cafe on North Killingsworth Street. Although the 12-seat coffee shop plays only independent local music, BMI demanded its $400 a year.

Fisher finally caved in so that her cafe could keep playing CDs and hosting small, live shows.

A month later, however, another tentacle of the music industry (and our other Rogue)—the American Society of Composers, Authors and Publishers, or ASCAP—sent Fisher a $900 bill for its "service."

Fisher explained that the Abbey Cafe only plays music by local acts, but ASCAP still wants her to pay its fee because her musicians "might do covers."

 
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02.22.2005 at 10:00 Reply
Screw both these groupsIt's jack asses like BMI and ASCAP that make me want to rip the entire music industry off. Hell, after reading this, I would like to burn music on CDs and hand them out for free. Does the music industry really believe that these strong arm tactics on the little guys are going to get people to pay their outragous prices for music? Situations like these make me want to boycott buying music, unless it is directly from the musician. Now there's an idea!—Name

 

02.23.2005 at 10:00 Reply
Any other ideas?Okay, so buying directly from musicians is an idea... and I commend the Rogue Desk for the good things they do, but even if this is legal does anyone have any suggestions of how to fight this? —FellowPDXCitizen

 

02.24.2005 at 10:00 Reply
ASCAP Helps the "little guys" too.As a member of ASCAP who makes less than 50,000, I support the collection of fees. Money that does not go to the big stars trickles down to independent musicians and teachers like myself. I understand it may seem unfair but its hard as it is to make a living in music and sometimes that little extra check can make a huge difference.—Craig Ferguson

 

02.27.2005 at 10:00 Reply
Protection RacketThe fact that Big Content doesn't differentiate between the songs they own & local artists' work shows that they are not licensing their content so much as running a protection racket or selling lawsuit insurance. Fight the power by eating delicious crepes.—Borat

 

 
 

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