Ass Cap

As some of you probably already know, James Watkins and the good people over at Metrognome (you know, one of TWO vital D.I.Y. venues in the whole Metroplex) have recently been getting harassed for performance rights royalties by ASCAP after they were tipped off that, get this... DJs had been playing songs by ASCAP artists in between sets. Goddamn those DJs! Fort Worth Weekly has this to say about it:

ASCAP is the largest music licensing company in the world, and they'd sue you for singing a copyrighted song in the shower if they could. The Metrognome Collective (1518 E. Lancaster Av.) is much bigger than a shower, and now that the upstart multi-disciplinary organization has become a bona fide destination for music, art, and theater, ASCAP is bringing down the hammer: The Man wants about four cents from every 'Gnome cover charge, which, according to the art group's calculations, will total about $500 per year. It ain't much, but for a group that makes next to nothing and is on its way to becoming a legit nonprofit, it's enough to piss me off. The problem isn't the live bands — 99 percent of them play original music. The problem happens during art openings or between sets, when DJ's brought in by the 'Gnome do what they're supposed to and spin a few well-known records. No, not Beyoncé or Shania Twain singles, but tunes by ASCAP-protected small fries like The Silver Jews, The Fiery Furnaces, and Wolfmother. Funny thing is, ASCAP will take the 'Gnome's money under the auspices of "protecting" the small fries but will use the cash to do nothing but espouse an industry environment that produces more Beyoncés, Shanias, and other cash cows, and fewer Wolfmothers. A possible solution: Play all local indie stuff.


And for your inspection, a copy of the letter that Metrognome received from ASCAP, in pdf format: HERE


And here was James' response to an ASCAP rep via email:

Ann,

I havent heard back from you yet, but I thought I would send you the write-up about our situation from today's Fort Worth Weekly newspaper for your review. Please let me know what I need to send you next. I am confused. Do I need to remit payment right away? Or just send you the signed form and pay at the end of the first quarter completed? When do the quarters end? I don't have a lawyer or anyone to explain what this contract says.

Please feel free to contact me via email or at the cell number listed below at your earliest convenience.

I'd like to send your blood money and get this settled ASAP to preclude your goons from contacting their lawyers if someone should sing Happy Birthday at our all volunteer performance space. In the meantime we promise we will only play local music from CDs provided to us by local musicians between sets , and if anyone even thinks about playing a cover, we will hoist them from the rafters by their guitar strap and leave them as a warning to others.

Keep up your great work protecting artists!

Thanks!
James Watkins



His closing exclamation points are fucking priceless.

The current system of federal copyright law in this country and the ways in which artists are "protected" as a result of that system are both indicative of what happens when powerful special interests run the show in a particular industry, creating an arcane system of regulations that really only seems to benefit a few big fish with really expensive lawyers, while creating unnecessary roadblocks for people that really shouldn't have to deal with them.

Now, I don't debate that copyright law in general is a fundamentally benefitial thing in many ways. Of course artists need to be protected from those that would use their intellectual property in ways that they do not approve. Such protection is obviously a vital part of maintaining a thriving artistic movement in this country. And even the basic idea of what ASCAP does is a good thing, if only in theory. But to apply the same kinds of regulations to places like Metrognome (D.I.Y., independent non-profit venues) as are applied to places like Nokia or Gypsy Tea Room (albeit on a sliding scale) doesn't seem to advance any of the theoretical goals of copyright, artists rights, or any other system of legal protection for artwork. Exactly what are they protecting artists from in this situation? And exactly who is profiting or even receiving a benefit in any way from playing these records at Metrognome? Does Metrognome attract crowds due to its between set playlists? It seems that the only people that might stand to benefit from such exposure are the artists themselves.

ASCAP's behavior in this situation clearly demonstrates yet another fundamental misunderstanding in the music industry concerning when and how artists should be protected, and who they should be protected from. Do you really think the Silver Jews give a shit if 20 kids at an experimental rock show hear one of their songs in between sets? I doubt it, and in fact, I bet they would encourage such practices. Of course I realize that there are an endless number of variables and different things to consider here, and I hope that James and anyone else with experience in dealing with this kind of thing will post in the comment section and provide us more information concerning how ASCAP works, how artists rights work, if non-profit status affects copyright liability, and any other pertinent issues. Of course there probably isn't a lot we can do about ASCAP or copyright regulations, but we probably can figure out ways to help places like Metrognome deal with these things so that we can continue to enjoy the atmosphere of non-traditional venues without being forced to listen to cover versions of "4'33" all night.