ASCAP Seeks Licensing Fees For Guitar Hero Arcade
Self Bias Resistor writes "According to a post on the Arcade-Museum forums, ASCAP is demanding an annual $800 licensing fee from at least one operator of a Guitar Hero Arcade machine, citing ASCAP licensing regulations regarding jukeboxes. An ASCAP representative allegedly told the operator that she viewed the Guitar Hero machine as a jukebox of sorts. The operator told ASCAP to contact Raw Thrills, the company that sells the arcade units. The case is ongoing and GamePolitics is currently seeking clarification of the story from ASCAP."
The music industry shooting iself in the foot? Colour me surprised...
"Despite the fact that these games are very successful and are drawing a great deal of attention to the music represented in the games, the industry is not pleased with the licensing arrangements that allow the games to use their songs."
Does anyone here think "their songs" refers means "the artist's songs" or does it rather mean "Corp X's songs". Their original argument in the opening salvo of their war against the internet was "think of the artists!" Well, apparently they don't abide by their own logic (nor have they ever). From the very same article:
"Music games are proven earners--Aerosmith has reportedly earned more from Guitar Hero : Aerosmith than from any single album in the band's history." Fuck the music industry. Please, just die already.
I would think a GH video game stand would be more akin to a DDR arcade game than a jukebox.
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IANAL but I'd tell the ASCAP flunky that the music's ALREADY LICENSED to start with. Otherwise it wouldn't even make it to the GH machine in the first place, right?
Sounds like an attempted shakedown of a small business that's not legally bound to pay anything in this instance.
Perhaps ASCAP need to be introduced to a different acronym: RICO.
The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
Google ASCAP, its just another organisation that operates like the RIAA. So yes, they do apply. I mean, they wanted people to pay for public performances of there work if your ringtone was a song that went off in public.
"I may be full of crap about this game, and I may be wrong, and that's fine." -Jack Thompson
The companies represent the artists because the artists sign a contract affording the company the right to distribute (and the responsibility/incentive to police unauthorized distribution). Aerosmith can manage their online distribution themselves ("Hey, Tyler... it's Wednesday: Your day to modify the XML!") or they can strike a deal with a company to handle that kind of stuff for them.
-Aerosmith has reportedly earned more from Guitar Hero : Aerosmith than from any single album in the band's history
That's great. Do you think they could have gotten that deal if they weren't represented by their company? Do you think Tyler could even make it downstairs before lunchtime if a third party did not have a vested interest in their success and distribution?
Don't get me wrong: I'm all for artists -- musicians, writers, composers, comedians -- managing as much of their own distribution as they can. The smaller, less established you are, the more it matters; the bigger, better established you are, the more difficult it becomes. But it is the choice of the artist. I buy produce directly from the growers at Farmers' Markets whenever I can, but I do not begrudge the grocery stores their role in the supply chain.
DDR is currently in a gray area, since it crosses the line between video game and jukebox. Especially if it's positioned in an area so everyone can watch it. There hasn't been a "ruling" one way or the other from ASCAP on it. There are complications, because a lot of DDR songs are unlicensed in the US or are original performances by Konami. GH is a better test case, which is probably why they're using it.
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They aren't the RIAA, but ASCAP plays by more or less the same rulebook as the RIAA and is every bit as odious. It just so happens that they have less reason to go after individuals and chase after businesses instead.
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This is ASCAP. That's what they do. They mostly hassle tavern owners. They collect for jukeboxes, radios, live music, even when the band only plays their own compositions and according to bar owners I know, they're almost as pushy as the Mafia, usint threats, coercion, every trick in the book. I was talking to one bar owner one day when a lady from ASCAP showed up to put the squeeze on him. She was HOT and she used it; you would have thought she was a hooker the way she played him.
There was one bar here that actually went out of business because of ASCAP. He had no jukebox and hired folk bands; these bands played old folk music that was in the public domain, and ASCAP sued anyway. He wouldn't cave on principle and the legal costs bankrupted him and he lost his business.
ASCAP is as evil as the RIAA.
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There was one bar here that actually went out of business because of ASCAP. He had no jukebox and hired folk bands; these bands played old folk music that was in the public domain, and ASCAP sued anyway. He wouldn't cave on principle and the legal costs bankrupted him and he lost his business.
We need a law which says that once a judge has ruled that a corporation has brought a frivolous lawsuit against someone, anytime it sues someone in the future it needs to finance the other side's legal fees, and only gets the money back if the judge rules they deserve it.
Try reading the wikipedia article that was cited. Or actually google "ascap ringtones".
Mr. Hu is not a ninja.
You googled ASCAP and failed to find anything? Try looking at anything but the first result maybe? Hell even the third pointing to wikipedia gives it away. http://en.wikipedia.org/wiki/American_Society_of_Composers,_Authors_and_Publishers#Criticism
"I may be full of crap about this game, and I may be wrong, and that's fine." -Jack Thompson
I agree with your sentiment, but it doesn't apply as I mentioned in another comment; if your bar only hires folk bands who play public domain music and bands that create their own music, ASCAP will still put you out of business if you don't pay their extortion fees.
Free Martian Whores!
I would have self-represented if I was going on principle, and had trial in front of a judge. This is a pretty basic argument: they're suing me for playing music they have no domain over. Their only argument could be that the live performers could play some AC/DC live; at which point, I'd point out that I have electricity, and could bring in a CD player and an AC/DC CD, so maybe they should sue anyone with an electric utility. The only arguments they have are ridiculous, and ridiculing them with competent logical counter-arguments in front of a competent judge is viable.
The other thing to do is object to stupidity meant to load you with paperwork and keep you busy until you overrun some deadline on a court order to fill out papers/show evidence. It's not my job to show evidence for your case; demand solid evidence or have their case thrown out. Once their case fails, counter-sue (with lawyer) for harassment, citing that you successfully defended yourself against their legal firm (no, really, the only thing these people practice is lawing at you) by yourself because their argument was retarded and they were abusing the court system. Sue for maximum damages and push for fines for abuse of the court systems.
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here is a small start:
http://www.kompoz.com/compose-collaborate/viewer.playlist?playlistId=1184&memberId=6509
http://www.jamendo.com/en/playlist/99982
http://www.jamendo.com/en/playlist/113052
http://www.jamendo.com/en/playlist/131695
http://www.joshwoodward.com/music/
http://www.bradsucks.net/music/
http://packet-in.org/wiki/index.php?title=Main_Page
http://ccmixter.org/playlist/browse/3464
enjoy
FreeMusicPush If you want to see more Free Music made, listen to Free
Perhaps the jamendo folks have some ideas on solutions to the problem you mention:
http://pro.jamendo.com/en/product/background/offer
"Get background music for your shop or business"
granted they are speaking there of background music and not of a music event.
but if not, this is an area to work on by people wanting to play new games.
FreeMusicPush If you want to see more Free Music made, listen to Free
He wouldn't cave on principle and the legal costs bankrupted him and he lost his business.
That's a failure of the the way the US legal system works as well as the behaviour of ASCAP. In fact, if the US legal system had a loser pays system like most of the free world, it is unlikely that ASCAP would sue in the first place.
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I would argue those are a little short- I would be happy with 24 years, or hell, anything shy of 50 years (maybe a 25 year with one extension if the author, and not his estate/corporate interest, desires). Software, on the other hand, should probably only have a 10 year copyright, at least until the pace of technological advance slows down massively. At that point we could revisit software copyrights...
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"She was HOT and she used it; you would have thought she was a hooker the way she played him."
That's just bullshit. Unless you can corroborate with photos and video clips.
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