Last night I was in a conversation with a friend here in Cape May NJ and the subject of NYE came up. He said he and his family are going to a nice restaurant for an early dinner, a place we also like a lot. BTW to my surprize he told me his son's inlaws own the place so the info he gave me should have some merit. The place has a Baby Grand and whenever we've gone there we've tried to sit in the room with the piano. The owner told us its very popular with his guests and those tables are always booked first. I mentioned to my friend I was thinking of dropping off a business card for some future work there.
Ready, here it comes, it floored me. He said they,ve had to stop all music, piano and even the radio due to pressure from ASCAP. I remember this happening to my band about 30 years ago when we were told by a manager of a club we couldn't play any ASCAP tunes. Yea right, we went in and did our thing and never heard another word about it.
I Googled some info on this situation and it seems ASCAP and BMI are still out there busting chops with undercover agents, and winning some big settlements. My question is out of all the places here at the Jersey Shore that have music, advertise music, make their income directly off of music, why this little place, who BTW, closes after NYE for about three months? Its a quiet out of the way place with just a piano that shouldn't draw any attention and makes its money on good food, not entertainment.
Anyone else running into this?

Bill in NJ

I have definitely run into this before ... in fact a 'coffee house' here in RI would have live musicians who wanted to play for tips - and the 'exposure - had to stop doing it because ASCAP/BMI wouldn't let the musicians play any music that wasn't 'original' ...
There is a lot of good debate that can be had about this subject - in fact there has been some right here at S-Z ... it's all about the rights of the writers of the music to receive what is due them ... as I understand it, fees paid to ASCAP and BMI are somehow funneled back to the composers of the music, which only seems fair ... I just wonder how that happens ...

I guess it means that the establishment has been skating their royalty payments all these years, and they finally got caught. It's always been the responsibility of the venue to pay the fees, but there has been talk (over the years) of passing that cost on to the entertainer. Thankfully that never came to pass. I worked some places that never advertised, because as soon as they DID, an ASCAP rep would show up with a bill.
It's such a hard topic to discuss with musicians ... who gets the money? Who pays the fees? If I were a writer, I might feel differently, but as a cover player - I have never had to pay the royalties. That's always been the job of the venue.
I guess we'll see how this all plays out - in tough economic times, luxuries (like music) are the first to get tossed. Pray it doesn't last too long, and this "cliff" has a few discarded mattresses at the bottom to soften the landing.

Yet there are many many establishments who do have live music nightly,.....they pay the fees as operational costs like anything else,.....the money they make due to live music either at the bar or food out weights the cost every time..has anyone noticed the price of drinks & cocktails, Martinis, etc,lately?... talk about ripped off!!!
Everyone has their hand out as usual, it's the same old game.

I seriously doubt that more than 10-percent of the establishments that feature music actually pay the ASCAP/BMI fees, at leat in my part of the world. The thing I really question is how much of the fee actually goes to the writer/composer/etc..., that originated the song? I suspect, like most bureaucratic organizations, the vast majority of the fees go to fund ASCAP/BMI hierarchy and only a tiny fraction actually reaches the song's originator. Does anyone know the REAL figures?

Gary

I'm like Gary and Tony...it's looks like it is impossible to tell how the money is divided.

I've been dealing with these guys for years...basically, big, dumb gangsters. They come into town and check all the papers, billboards and on-line entertainment guides.

Fees are set by the number of nights music is featured, the number of musicians, the number of seats and the average occupancy. They will negotiate. the places I pay pay about $4800.00 a year, with 300 seats and music by a single or duo 4 nights a week. Negotiations started at $12,000.00.


Russ

The ONLY statewide daily newspaper in RI runs free 'notices' on Thursday for entertainment on Thurs/Fri/Sat ... just a little blurb about who/when/where ...
I've worked a couple of places that asked me NOT to put a notice in the paper ... I guess they are not paying the fee and don't want any visitors ... not that the visitors wouldn't just 'drop in' anyway ...

I really didn't know this was going on and I'll add to Gary's post that I beleive the vast majority of places don't pay. How does it get to the writers? Who knows what songs your playing so which writer gets a fee ? All impossible questions and I agree with Russ, just a gangster type shakedown. Sort of like the Miusicians Union years ago. Pay your dues and what do you get---nothing.
The place I mentioned doesn't even advertise it's restaurant no less music. They do very well without any ads. Its small and off the beaten path but quality will work every time.
Did someone drop a dime on them? Again, another place gone from the music scene.

I actually believe most reputable places DO pay. If they advertise, there is no hiding.

And is the ASCAP/BMI fee factored in when the musician's fee is agreed upon? If that's the case, then it's the musicians who end up paying ASCAP/BMI, in effect subsidising the venue owner.