[Fmpro] FMPRO Digest, Vol 38, Issue 8

[CORBERLAW@aol.com]

In a message dated 6/5/2008 5:03:46 AM Pacific Daylight Time,  
fmpro-request at nxport.com writes:

You  really don't know the strong arming ASCAP and BMI does, do  you?   
Sorry, 
it's your analogy that holds no water.


Here's how your peanut sized analogy would work as applicable to  ASCAP.
 
ASCAP sells peanuts in 1000 pound bags to grocery stores.  One  mom and pop 
operation only wants 5 pounds worth of bulk peanuts for their store,  ASCAP 
tells them if they want any peanuts at all, they have to buy the 1000  pound bag.
 
What restaurants should do is form their own intermediate licensing  
organization to get direct licenses from the copyright owners and sell them  direct to 
the venue, telling ASCAP where to go.  
 
Not ll of the musical works licensed by ASCAP have a registered  copyright.  
No registered copyright means no judicial relief for  infringement.  When 
ASCAP "licenses" a work for which there is no  registered copyright, now that's 
smoke and mirrors of a higher  order.



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