Do cover bands pay roylaties?

July 14, 2005 1:47 PM

When a cover band plays at a club, an event or whatever, is somebody supposed to pay royalties for the songs? If so, how much? Do ASCAP and BMI send out goons to enforce?
posted by punkfloyd to media & arts (12 comments total)

Clubs (and restaurants... and probably event halls, too, although I don't have specific knowledge about those) pay a blanket license to ASCAP, BMI, and/or SESAC. It generally covers the playing of pre-recorded music throughout the venue as well as the live performance of any songs written by a member artist.

There's information about it at ASCAP's website along with a FAQ that might help clarify.
posted by bcwinters at 1:56 PM on July 14, 2005

Check out this article about a local DC bar that got busted!
posted by Pollomacho at 2:02 PM on July 14, 2005

Full article here. Sorry.
posted by Pollomacho at 2:03 PM on July 14, 2005

Six-degrees-of-separation filter: I know Billy Duggan. He sold me my house. It figures.
posted by mojohand at 2:25 PM on July 14, 2005

I asked a question last month about distributing free cover songs that might have some useful responses.
posted by danb at 2:32 PM on July 14, 2005

Yep; ASCAP and BMI hire agents to check out clubs that don't have blanket licenses. I know a guy who used to do that -- he said that in most instances, it was tiny places out in the boonies that had no idea that they needed a license and he felt sorta bad about having to take money from them.

Although, he wasn't really a goon of any sort -- this strikes me as the sort of thing that for every one person who breaks it because they're trying to pull one over, there's five who just didn't know about that particular expense. From his stories, it always sounded like a really low-key, apologetic-on-both-ends affair. He didn't really tell any stories of any, like, exciting busts or anything, which makes me think there probably weren't that many.
posted by Rev. Syung Myung Me at 2:33 PM on July 14, 2005

You need a blanket license even to play the radio in a regular establishment.

Many blanket licenses actually buy them from music service providers, rather than directly from ASCAP and BMI. DMX, Muzak, PlayNetwork, and the "business products" of XM< Sirius and MusicChoice all have licenses included in their subscription rates.
posted by MattD at 7:48 PM on July 14, 2005

I have seen something on a "goon"ish quality to these enforcers when they have come into a small club where the operator has never heard about these things and the joint is threatened with a law suit. To a lot of these shoe-string businesses it's not an insignificant fee.
posted by wsg at 10:01 PM on July 14, 2005

I have seen something on a "goon"ish quality to these enforcers when they have come into a small club where the operator has never heard about these things and the joint is threatened with a law suit. To a lot of these shoe-string businesses it's not an insignificant fee.

Nobody should act "goonish", but I see this as something that business owners ought to take responsibility for, and if they can't afford to pay the license they shouldn't use copyrighted music in their premises.
posted by Marquis at 1:14 AM on July 15, 2005

if they can't afford to pay the license they shouldn't use copyrighted music in their premises.

Well, neener-neener, Marquis.

My uncle owns a bar in SF (Skip's) which got caught up in this crap a couple years ago. A band played a cover, a goon reported it, my uncle went to court, eventually ended up paying something to get out of it.

Word was the snitch wasn't actually there, when the band played the cover.
posted by Rash at 9:28 AM on July 15, 2005

I've heard of the 'goons' actually going into a place with a live band, requesting a cover from the band, and then hitting the place up for fees. To get around this, many bars have a rule that the bands don't play covers, but the bands aren't always aware of the rules when they play.
posted by LionIndex at 10:38 AM on July 15, 2005

QUOTING: "I've heard of the 'goons' actually going into a place with a live band, requesting a cover from the band, and then hitting the place up for fees."

This is wrong and backwards of course, and it's harrassment. With any incident like this, it's absolutely appropriate for the band or venue (anybody with firsthand knowledge) to report it to the org. that sent the agent in question, and expect some answers.

ASCAP and BMI give lip service to behaving professionally, but it's up to venue owners to report it when their agents behave unprofessionally.
posted by allterrainbrain at 5:10 PM on May 16, 2006