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ASCAP Starts To Act Like the RIAA

Posted by kdawson on from the rebrand-as-ashattery dept.

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?

8 of 272 comments (clear)

  1. Starting? by mmkkbb · · Score: 5, Informative

    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!

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    -mkb
    1. Re:Starting? by Misch · · Score: 4, Informative

      Get a Sirius/XM business account. The business account includes rights to play in your business.

      $25/month last I looked.

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      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  2. Starts to?! by linumax · · Score: 4, Informative

    ASCAP has been in this much much longer than RIAA.

  3. Re:Paging Ray Beckerman by DJ+Particle · · Score: 4, Informative

    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.

  4. Re:Paging Ray Beckerman by Carnivore · · Score: 4, Informative

    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.

  5. Volunteer Lawyers for the Arts by NewYorkCountryLawyer · · Score: 5, Informative

    In a case of this nature, the guy's best bet is, in my opinion, Volunteer Lawyers for the Arts or EFF.

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    Ray Beckerman +5 Insightful
    1. Re:Volunteer Lawyers for the Arts by PopeRatzo · · Score: 5, Informative

      Here in Chicago, we've got an outfit called Lawyers for the Creative Arts that I couldn't recommend more highly. They're really nice folks over there and great lawyers. They have helped me and lots of my friends many times.

      If you're a Chicago artist or musician or writer and you need a lawyer, this is a great place to go. Just remember, when you hit it big, do something nice for LCA so they can keep helping "starving" artists. They're really easy to get to, too - just a block from the Chicago Ave. Brown Line stop.

      Young artists just starting to do a little business ought to get in touch with them even if they don't think they need a lawyer at the moment. They'll not only help you make sure that you're doing things properly, in a legal sense, but they're great at putting creative people in touch with one another, which, even when it doesn't result in some synergistic result, makes you understand that you're not alone.

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      You are welcome on my lawn.
  6. Re:Paging Ray Beckerman by shark72 · · Score: 4, Informative

    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.