Oh, DO I have a comment about this...

I recently purchased a guitar and I have only the barest of knowledge of how to play it. (Okay, I know how to hold it, that's about it.) In my search for resources to help me learn how to play guitar, I figured it would be nice to copy the tablature of a couple songs I like which aren't too difficult and thusly give me kind of a goal to aim towards.

So I go to the OnLine Guitar-tab Archive (www.olga.net), which had a massive database of tablature, all for FREE, only to discover that it's been taken offline. More specifically, it's been shut down by the Music Publisher's Association because they've decided that any unlicensed sharing of tablature is a violation of copyright laws. Now, I'm not a legal expert, but with the crackdown of information sharing that has been occurring on the Tubes of Teh Intarwebs lately, it's looking more and more like the REAL reason these music-related lawsuits have come about is that some bigwig who runs an artist-based "association" (that benefits administrators more than the actual artists) read about an information-sharing process in a magazine (that has been going on for YEARS and NOT affected their business model in ANY WAY) and got in an uproar because a select number of people are actually bothering to ENJOY THEMSELVES WITHOUT ANY MONEY CHANGING HANDS.

Honestly, folks, I don't think that anyone who's trying to figure out the barre chords for "Smoke on the Water" is posing a SERIOUS DETRIMENT to the financial income of the artist in question. But no, we have INITIALED ORGANIZATIONS like MPA, BMI, RIAA, and ASCAP, going around the country placing fledgling artists, venues, and everyday citizens under LEGAL EXTORTION because people have the UNMITIGATED AUDACITY to actually show an INTEREST IN PERFORMING or LISTENING TO LIVE MUSIC. BMI and ASCAP are notorious for sending "cease and desist" orders to local businesses that host live music because of the EVENTUALITY that a particular act hosted at said venue just MIGHT perform any of the songs in their substantial catalogue. ASCAP and BMI doesn't feel the need to provide any evidence on THEIR end that the venue actually DID violate copyright, and if the venue tries to provide evidence of that no infringement occurred, it's ingored unless it's brought to trial. It's a good thing ASCAP and BMI only picks on businesses that can't afford the 900 lbs of lawyer required to DEFEND THE RIGHTS THEY ALREADY HAVE.

There was a place in Eugene, Oregon that hosted nothing but local artists playing acoustic music, nearly all of which was either their own original material or traditional (and thusly not held under ANY license). BMI slapped them with a notice stating that if the owners had better pay BMI's "generous" blanket license of about $5000 dollars ANNUALLY, or suffer the wrath of their thunderous legal glory. The issue of WHO really OWNED the song copyrights did not matter to BMI, you either pay or you get sued.

(Most criminal courts call this practice "racketeering". But I guess if you have an army of lawyers to defend you then it's okay, right?)

ASCAP has similar scare tactics: about a decade ago they threatened every children's campsite across the country with legal action for singing "Puff The Magic Dragon" around a campfire.

My guess is that if one were to merely mention "free concert" to an ASCAP or BMI board member, it'll send them into foaming spasms.

Unless you've been living in the chest cavity of a hobo for the last 15 years, everyone already knows that the RIAA feels that any "reasonable consumer" should be more than willing to buy a CD, play it once, AND THEN THROW IT AWAY AND REPEAT THE PROCESS if they want to enjoy music.

Not a day goes by when I hear of one more way the public is being forced to pay for something it used to enjoy for free because some executive needs another vacation home in the Bahamas. Apparently in order to enjoy the FULL, LEGAL PLEASURE of a Musical Experience, MONEY HAS TO EXCHANGE HANDS in such a manner that it BENEFITS A SELECT MINORITY of FAT, WHITE GUYS in BAD SUITS.

Organizations like BMI and the RIAA keep insisting that their main purpose is to protect the artists from those sleazy scammers out there who are trying to cheat a starving musician out of his precious royalties. Apparently the way they plan on enforcing this kind of licensing is the LEGAL and MONETARY equivalent of RAPING CHILDREN and FORCING THEIR PARENTS TO WATCH. Their scare tactics are barely one step above organized crime ("That's a mighty nice stage you got in your bar there. It'd be a SHAME if something HAPPENED to it.") In fact, the only reason I don't lump them with with the Mafia is because ASCAP, BMI, MPA or RIAA has yet to fund the assassination of a politician. (Then again that might change if some senator decides to retool the FCC so it favors consumers than companies.)

If I had a guarantee that the ARTISTS actually RECEIVED any of the money squeezed by these HATCHETMEN OF MUSIC, I'd feel better about paying it. Otherwise, every time I see a Music Executive on television weeping about how a crappy bar band is infringing ALL OVER their precious license with a horrid rendition of "Louie, Louie" all I REALLY hear out of Mr. Executive's mouth is: "Your honor, for each license we DON'T collect on, that's ONE LESS line of cocaine I can snort off the back of an underage Thai prostitute!"

I dare any one of them to prove me wrong.

 

There's been an ongoing discussion about this on localcut.com, if anyone's interested in further reading.

http://localcut.wweek.com/?p=794

 

barking up the wrong tree, somewhat. Though comment #1 is too well written and too well thought out to argue with. People lose sight of the fact that copyright laws were designed to protect starving artist composers as well as the mafia types who started the recording business. Copyright laws are hopelessly out of date. If you happen to believe music "should be free" I'm not even going to argue -- that's personal and philosophical. You can argue BMI and ASCAP are rogues for their enforcement efforts but - until well meaning people who care about fairness actually step up and get the laws re-written - the club actions are kind of like speeding tickets. You didn't get a license, you got hit with a suit, oh well. If enough club owners don't like it they can form an association and work on bringing copyright laws up to date with reality. But black and white thinking is always limited (selective) thinking. ASCAP and BMI do a ton of good with their collection work. Struggling artists really do get a check in the mail, and there needs to be some mechanism for this to happen in the mad complexity of modern data overload. The reason the collection seems so arbitrary is that they use a statistical sampling system to arrive at a "blanket license." I'm not saying they're beyond criticism. I'm just saying (a) it's not all black and white and (b) all that energy complaining could be better directed into coming up with some actual fair, practicable solutions to how a new compensation system for composers can be arrived and and legislated. (though I admit to not being too optimistic about that ever happening as there are a zillion huge obstacles; this is an incredibly complex problem with numerous beneficiaries who are simultaneously working with and against each other -- an essay way too long for me to even continue -- and by the time they got done rewriting the laws there would be a whole new set of circumstances probably rendering them just as obsolete).

 

p.s. meant to add -- I don't mean to sound like "oh, tough crap for the Imbibe owners, they got what they deserved." I mean, if my buddy got a speeding ticket I wouldnt be like "well what the f did you expect, you were SPEEDING!" Personally I think the speed limits should be higher and I agree this individual instance is both unfair to the club owner and bad for music artists, businesses, and listeners!

But at the same time as they're taking this unfair hit, so is every single composer who isn't getting paid for an incidence of whatever kind of piracy.

Cormac McCarthy could write a good paragraph on this strange accounting ledger of the universe.

 

AMEN.

How about a 3 day musical fund raiser at the bar with all the cover charge going to legal fees for the ACLU or EFF to fight the ASSCRAP. We could do 3 days of nothing but bands doing cover songs at the bar. Push the fight with ASSCRAP and set a legal precedent. We could do sing a longs of some songs so everyone can join in and get sued. Get some good Class-Action going.

I wish BoingBoing would pick this up, as Rotten already has long ago from Oregon Live.