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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?

3 of 272 comments (clear)

  1. Re:Soap box, ballot box, and jury box have failed. by Anonymous Coward · · Score: 5, Interesting

    I'm never one to stand in the way of a murderous rampage (in fact I stand as far away as possible) but I think perhaps you're overreacting just a bit. Why not just boycott them? No one is forcing you to use them or any of their "properties". Just leave them to drown in their own cultural dregs.

  2. Re:Not all parodies are legit by bigbigbison · · Score: 5, Interesting

    It also depends on what the parody song is about. Is it parodying the song itself, as Weird Al does, or is it using the melody of the song to create a parody of something else. I'm not a lawyer, and I've never heard of Below Average Dave before so I've no idea if this is the case (or even true) but if the song is not parodying the original song but just using the melody to parody something else, then using the song is not fair use. The Penny Arcade guys ran into this when they ran a parody of American McGee's Alice which used Strawberry Shortcake.

    --
    http://www.popularculturegaming.com -- my blog about the culture of videogame players
  3. Re:Starting? by destiny71 · · Score: 5, Interesting

    Not playing covers songs isn't enough for them.

    ASCAP in effect shut down a local venue because they had no way to pay the exceptionally high fees they wanted in order to allow live music to be played.

    They catered to local, younger musicians playing ORIGINAL music. At first, they let them go because they were playing original music. Then, they came back and said they had to pay the fees.

    Why? because someone warming up, tuning up, or whatever may play a few notes that someone else wrote.

    This place was for a younger audience, so no alcohol sales. Cover charges were just to keep the place open. They had to close down.