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ASCAP Starts To Act Like the RIAA
Scott Lockwood writes "Below Average Dave, a Dr. Demento style parody artist, has been shut down by the ASCAP. This collective, acting as badly as the RIAA, is now attempting to ignore the 2 Live Crew Supreme Court decision that parodies are new derivative works. Just like the RIAA, ASCAP seems intent on misrepresents the law. If you know anyone who can help BA Dave in his plight, please contact him." This artist doesn't have the resources to fight the ASCAP, even though the law is pretty clearly on his side. Anyone at the EFF or the ACLU interested?
BMI and ASCAP have been thugs for a long time, threatening bar and club owners for licensing agreements for offering live music. For this reason, AS220 in Providence no longer allows musicians to perform any cover songs!
-mkb
ASCAP has been in this much much longer than RIAA.
B.A.Dave uses backing tracks supplied by Karaoke-Version.com, who has given him permission to use said tracks. I have the same agreement with them, myself.
Yes, but that's just to be polite. He doesn't have to, which protected him from Coolio when he proceeded with 'Amish Paradise' even though Coolio claimed that he had not granted permission for the parody.
Or you could just use this.
http://www.riaaradar.com/
There is a war going on for your mind.
In a case of this nature, the guy's best bet is, in my opinion, Volunteer Lawyers for the Arts or EFF.
Ray Beckerman +5 Insightful
I checked out the FAQ on that site. They write (emphasis mine):
Use in public events
We are happy to allow the use of our soundtracks in public places and during events, commercial or not. However, and for your information, we'd like to remind you that you must receive an official agreement from your national music rights management office (MCPS in UK for example) to be legally compliant.
If the event is private and non-commercial, use of soundtracks is, of course, allowed and not restricted.
Other use (Recording/Streaming/Broadcasting...)
Recording rights of our soundtracks (Whether it's on a specific media or not) is not included in the price.
Prior to any recording of one of our soundtracks, it is mandatory to file for a written authorisation. Any use of any of our available tracks, without prior agreement, is a violation in regards of French Law dated July 3-1985 and International Conventions. Be aware that Moral Copyright allows Songwriters/Composers to forbid any re-use of his work if he finds this use doesn't respect the original design.
I'm not sure about that "moral copyright" part (it may relate to jurisdictions outside the US) but the rest matches my understanding: karaoke-versions.com licenses for private, in-home use, but if you want to broadcast it or record it, you need to get additional authorization -- ie. ASCAP or BMI in the US.
This appears to contradict your statement. Do you have a more comprehensive contract with karaoke-versions.com which allows for recording and broadcast?
Sitting in my day care, the art is decopainted.
(1) Take down the website. This stops their claim of damages. They probably have no damages anyway.
(2) Study the law of copyright and federal civil procedure. This could take awhile. Find a lawyer to help explain the rough spots to you. Study up very carefully about Rule 11 sanctions, because the SOBs are going to accuse you of Rule 11 violations if they decide to fight you. You may also be able to claim some damages from them for abuse of copyright--research that too.
(3) File a declaratory judgment action in federal court asking that your rights be determined to be fair use, and seek any damages you are entitled to.
(4) The industry must then respond to your lawsuit. This is VERY expensive to them in relationship to the damages that they can recover (probably zero). It is a bad business decision for them to hunt you down. In THEIR best scenario, they'll have to pay at least a few thousand dollars to kick your ass in a situation where they can't get any money out of you. (If you're a mean, vindictive, son of a bitch, you can get your musician-friends to file their own declaratory judgments actions after your case is over).
(5) If they fight you, do your best. If you win, you're a demigod and you get a federal judge ruling that your use is a fair use. If you lose, what the hell--you fought and you made the corporation pay. If they don't fight you, you get your order saying that your use is a fair use. After you file your lawsuit, they may very well be willing to negotiate (a copyright lawyer is very useful here).
(6) You can keep your costs way down if you represent yourself. They have to pay a lawyer a few hundred dollars an hour. That's your edge.
You can torture those sons of bitches if you know the law and if you're in the right. They know that. They'll sing a different tune when faced with litigation costs.