Goddam ASCAP/BMI

[jmack]

This is killing me....

So here's the deal, we interview quite a few mainstream artists for our show. However, its becoming an increasing concern that we can't spin the artist's tracks on our show. thats understandable, well we cant spin an entire track unless we get an ASCAP/BMI license or whoever they are registered with (if anyone).

Okay so Im wondering, what if I spin the instrumental for their single behind the interview? And maybe cut to a few 20 second clips of the track here and there throughout the interview?

Well ASCAP says we need to pay the $300/yr + $0.02/download with the track included. Now to me, thats just bullshit, especially considering that nobody can get the song out of the podcast... its just a few brief friggin clips!!! We are promoting the friggin artist that we are interviewing here.

thats the way it works! We interview the artist to give them exposure, and in return we get to feature a cool interview. Yet ASCAP says we cant put a few clips of the music out there without getting our asses handed to us?! Thats bull!! Is there any way around this at all?

Now some people will say "just get the label or artist or whoever owns the masters to let you do it and it overrides the ASCAP contract they have..."

Yeah that would be great... but how about YOU try to contact someone like Sony/BMG or Warner Bros and try to get permission.. YEAH RIGHT... spend a week on teh phone to get an answer of "no"


So my question (after ive written a complete novel here...) is there ANY legal way around this?!

[Godfree]

thats why you need to mess with upcoming artists those that needs the support. I do get major artists here and there because of interviews. I could careless what these people might think.

[monkey_one]

First you have to ask why not only a yearly doose but also a per dwnload fee///are they beeing greedy...yes also I think and more to the point it is about control and power they want you not to have the power to take there gravy train away....its time we think outside the box and realize its not only time for change not only ripe for change but we are the change and we can create the atmospher the conditions in which they will want to come to us to play there music so they can be heard so they can become faomous with the masses its not what we can do to conform to there dated and antoquated ways THEY ARE THE DINASAURS they are extinct and dont even know it ......the ice age is comming bare down get ready can we survive the perfect storm and come out in the the spring of enlightnment as the bearers of a new age the bringerss of light
that is what I ask you my children

[guscave]

If the Artist owns the rights to song they can make special request via bmi/ascap where the fee is waived, however since you're dealing with mainstream Artists chances are, they don't own the rights (or not all of them) so you're up s@#!$ creek.

As mentioned before, concentrate on the new independant Artists that really need your help and exposure. The major labels pay big $ to promote thier Artists. You ain't gettin' any of it so why bother with them. :wink:

[WyethDigital]

Okay, for some people, getting an aspiring artist is one thing, but let's assume for a minute that jmack's audience is used to bigger name talent. He might lose his audience if he starts exclusviely highlighting unknowns.

My suggestion would be to take that $300 ASCAP wants and pay for an hour to consult with an attorney that is versed in the ins and outs of this area of law. ASCAP and BMI are only going to tell you what's in their self interest. A lawyer working for you will be able to tell you about any precedence or exceptions to the law (assuming there are any). A lawyer isn't gonna be a cheap option, but compared to $300/year, and 2¢ per download, it's a good investment.

Eric

[thehalfshow]

Just settle for the interview and no music with the big artist and help out the little guys tryin to get started or who are big in there own right. That's what we do. There many, many many great indie artists out that need the help. And get in contact with us I think we could help each other out too.

[bazookajoeshow]

...or you can keep it real and not play their game and choose not to feature atists that are being prostituted by the system as a tax write-off.

[Slone]

A perfect topic...

There is one song that I wanted really bad for my show as an intro to a show segment. Song was written by an Artist back in 1960 whom also passed away that same year.

All I want is the first 10 seconds of the song... Rather I'm also faced with the same issue - Pay these crazy fees!

What has shocked me is the lack of licensing information out there. I dug so much that I actually found death records and family estate, that has since been sold off. Still found no owner of the song! I started to think somewhere this song must now be perhaps Public Domain – and aggressively searched in that area. – Nothing!

After a week I discovered that song was purchased by Fox Entertainment, and is also protected by the RIAA. Waste of time!

It seems this data and licensing should be better represented online in some database. Because I could not find an owner, I almost went ahead and used the song anyway.

Podsafe for life calms my nerves!

ARTIST WANTED:
Anyone out there write jingles? I'm ready to give my cash to an indie rather than the RIAA.

Cheers...

[Matt Macfarlane]

or you could have the artist perform something live in your studio...

[jake359]

an artist licensed through ASCAP/BMI can STILL post a song to the Podsafe Music Network, and THAT SONG can be played on any podcast simply by mentioning the PMN and linking back in the shownotes.

Of course, getting some mainstream artist to do that might be difficult, but there are many examples on the PMN where a signed band has posted a couple of songs (the Subways come to mind, they are currently touring the US, have a CD out, but a couple of songs are on the PMN).

The Artist retains the rights to their creation, and can offer additional licensing outside of ASCAP/BMI.

Soon enough, as Radio dies (and the more recent Payola revelations are a start), the record companies will find that THEY need US more than WE need THEM.

[guscave]

or you could have the artist perform something live in your studio...

If the Artist doesn't own 100% of the publishing rights, this won't work either. BMI/ASCAP don't collect on just the recording, nor do they collect $ for the record companies. They collect for the publisher and writers of the actual song. So if the Artist comes in and performs the song with a banjo and a washboard, you'll still have to pay. :?

It may seem very unfair to us in the podcasting community, but one thing we have to keep in mind that most of these songs are written by non-performing songwriters. They don't get paid by gigs or merchandise like the Artist does, so BMI/ASCAP is their only resource for payment. And take it from me, it ain't much.. :x