Latest Music Shenanigans - ASCAP gets into the act

[SirFozzie]

Their latest burst of insanity: They think that a ring tone going off in public constitutes a "public performance" and demanding a royalty be paid for them, for every time it's "performed". They even go so far as to say that AT&T's ringtones are "Much worse then Napster ever was"

Sounds stupid doesn't it? Sounds like something only a bunch of complete idiots would think of.

But don't put it past them. Remember, these are the folks who went after the Girl Scouts for singing Campfire Songs.

Although there's a good side to it, maybe it'll stop those folks with the Crazy Frog ring tone ;)

Ringing up cash: ASCAP suing AT&T for ringtone "performance" - Ars Technica (http://arstechnica.com/media/news/2009/06/ringing-up-cash-ascap-suing-att-for-ringtone-performance.ars)

[Big Fo]

Remember, these are the folks who went after the Girl Scouts for singing Campfire Songs.

I hadn't heard this one before :lol:

[SirFozzie]

PAGE ONE -- Girl Scouts Change Their Tunes / Licensing order restricts use of favorite songs (http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/1996/08/23/MN14140.DTL)

[Drake]

Just for the record: you know that churches have to pay ASCAP an annual fee in order to let the congregation sing praise/worship songs on Sunday mornings, right? The fee is based on the average Sunday attendance for your congregation.

(This doesn't count hymns and songs old enough that they qualify as public domain.)

ETA: I'm particularly interested in the church angle since most Christian artists hang their hats on the "God inspired me" or "God gave me this song" angle to demonstrate their piety.

God gave it to them, but they're going to charge everyone else to participate in God's bounty, eh? Good luck explaining that logic to the Big Guy at the pearly gates, dude.

[JonInMiddleGA]

Interesting, mostly because I would have assumed the ring tones were already subject to ASCAP fees. I'm pretty much shocked they weren't actually.

[rowech]

Interesting, mostly because I would have assumed the ring tones were already subject to ASCAP fees. I'm pretty much shocked they weren't actually.

Agreed...I assumed they were.

[ShaqFu]

ETA: I'm particularly interested in the church angle since most Christian artists hang their hats on the "God inspired me" or "God gave me this song" angle to demonstrate their piety.

Churches have a licensing body for the music used during worships services. There also is a Web site where churches can buy rights to use film clips during services. The licensing fees are small, since churches are not-for-profit. The point is, churches do pay a license fee for what is used during services. The slides even have credits and such on them.

[SackAttack]

Interesting, mostly because I would have assumed the ring tones were already subject to ASCAP fees. I'm pretty much shocked they weren't actually.

Agreed...I assumed they were.

This.

Especially if the actual lyrics are being performed, and not just some polyphonic musical tones that make it clear what the song actually is.

[Big Fo]

PAGE ONE -- Girl Scouts Change Their Tunes / Licensing order restricts use of favorite songs (http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/1996/08/23/MN14140.DTL)

That's terrible. It almost makes me happy that music sales are declining with people like this running the show.

[mckerney]

This.

Especially if the actual lyrics are being performed, and not just some polyphonic musical tones that make it clear what the song actually is.

ASCAP Wants To Be Paid When Your Phone Rings | Electronic Frontier Foundation (http://www.eff.org/deeplinks/2009/06/ascap-wants-be-paid-)

<i>Fortunately, ASCAP is wrong. Even if the incidental mobile phone playback of a short snippet in a public place were viewed as a "public performance" (something no court has ever held, and that would also put you in jeopardy for playing your car radio with the window down), the Copyright Act has a specific exception, 17 U.S.C. 110(4), that covers performances made "without any purpose of direct or indirect commercial advantage." That should take care of ringtones going off in the restaurant. </i>

[chesapeake]

Interesting, mostly because I would have assumed the ring tones were already subject to ASCAP fees. I'm pretty much shocked they weren't actually.

Good article, mckerney. ASCAP wants to double dip -- they already get paid a fee for each ringtone download. I am all for fair compensation of artists for their work, but this one is shameful.