The Ovation Fan Club
The Ovation Fan Club
Forum Search | Statistics | User Listing Forums | Calendars | Albums | Language
Your are viewing as a Guest. ( logon | register )
NEW in 2026 Searches both the Ovation FanClub and Ovation Tribute websites

Random quote: "Jazz... isn't that just a series of mistakes disguised as musical composition?” - David St. Hubbins of Spinal Tap



Jump to page : 1
Now viewing page 1 [25 messages per page]
ASCAP prevails in lawsuit againt saloon

View previous thread :: View next thread
   Members Forums -> General PostingMessage format
 
ProfessorBB
Posted 2012-11-21 12:47 PM (#462186)
Subject: ASCAP prevails in lawsuit againt saloon



Joined:
January 2006
Posts: 5881

Location: Colorado Rocky Mountains

Over a period of several years, the manager and part-owner of a saloon ignored communications from the American Society of Composers, Authors and Publishers (ASCAP) advising him that in order to legally allow performances of songs from the ASCAP repertory, he had to have a license.  Six music publishing companies sued the manager and the saloon for copyright infringement and obtained an award of $40,000.  Although the judgment was one of default, there was substantial evidence in the court record of the manager's  disregard of the legal requirement to obtain a license to publicly perform copyrighted musical compositions. 

Top of the page Bottom of the page
jay
Posted 2012-11-21 2:15 PM (#462189 - in reply to #462186)
Subject: RE: ASCAP prevails in lawsuit againt saloon



Joined:
January 2009
Posts: 1249

Location: Texas

I assume this is the suit that you are referring to?

Link

"ASCAP employs representatives to travel to malls and concert venues to look for those breaking the law and the organization sues hundreds around the country each week, he said."

Desperate is as desperate does. In the search query I saw one article where Springsteen saw they were suing a bar on his behalf and he had his name taken out of the suit.

Looks like they prevail in most of them through settlement. Heck, I imagine legal fees would be more than 30-40K.

Top of the page Bottom of the page
ProfessorBB
Posted 2012-11-21 2:39 PM (#462190 - in reply to #462186)
Subject: Re: ASCAP prevails in lawsuit againt saloon



Joined:
January 2006
Posts: 5881

Location: Colorado Rocky Mountains
No. The lawsuit to which I was referring was against Twister's Iron Horse Saloon in Missouri.
Top of the page Bottom of the page
Mr. Ovation
Posted 2012-11-21 2:52 PM (#462191 - in reply to #462186)
Subject: RE: ASCAP prevails in lawsuit againt saloon


Joined:
December 2001
Posts: 7247

Location: The Great Pacific Northwest


Twisted Iron Horse Saloon vs...


ASCAP has been getting more and more aggressive in the past several years.  The controversy is that they are doing it "on behalf of the artist" and there are two issues with that.  

1.  The artist isn't always the one who the money is for.  I'm not sure about the case with Springsteen, but I have heard of many others where it's actually the Record Company who is getting the money.  The artist's name they used wasn't actually listed for that type of royalty, ASCAP just used the name as a tactic.

2.  They have gone after clubs in artists names of artists who just did not use BMI or ASCAP to register their music. 

Top of the page Bottom of the page
Jonmark Stone
Posted 2012-11-21 4:40 PM (#462195 - in reply to #462186)
Subject: Re: ASCAP prevails in lawsuit againt saloon


Joined:
May 2008
Posts: 1566

Location: Indiana
Just a point of clarification, ASCAP, BMI and SESAC are NPO's that collect for writers/composers and publishers. Unless the recording/performing "artist" is also the writer or publisher, they are not involved in these situations.
Top of the page Bottom of the page
Jump to page : 1
Now viewing page 1 [25 messages per page]
Jump to forum :
Search this forum
Printer friendly version
E-mail a link to this thread

This message board and website is not sponsored or affiliated with Ovation® Guitars in any way.
Registered to: The Ovation Fanclub™ Copyright (c) 2001
free counters
(Delete all cookies set by this site)