We joined ASCAP a few months ago when we got a small CSI licensing deal. Months go by with no word from them and now, a few days before we’re supposed to play a show, we get a call from [let's call them the promoter for simplicity's sake] saying the venue wants us off the bill. Why? Because ASCAP called and threatened the venue for not having an ASCAP license.
Here’s how I understand it. According to federal law all commercial establishments (venues, bars, clubs, etc) need to pay to use copyrighted material. Ok, I agree with this in principle. So how does I am the Heat factor into this? WE DON’T. After spending half a day trying to get in touch with someone in the ASCAP licensing department (615-742-5000, ask for the “licensing department”), I was informed that in NO WAY does I am the Heat playing a non-ASCAP-licensed venue amount to ANY risk on the venue’s part. This is because we play original material, to which we own the rights.
When asked if there was any way we could still play the show, ASCAP answered that WE could pay the licensing fee instead of the venue. Beyond being incredibly fucked up, this also made no sense…unless they meant that WE’D have to pay a fee to ASCAP to allow the VENUE to play ASCAP music, which (again) has nothing to do with I am the Heat playing the show.
So why were we kicked off the bill? My best guess is that ASCAP saw that one of their artists was playing the show and tried to use that to leverage the venue into paying their annual fee. It would appear that ASCAP is misleading the venue and using it’s members (us) to sell their product. LAME.
So how has ASCAP helped us, the struggling artist? THEY HAVEN’T (so far). Worse yet, they cost us a show we were very excited about. Thank you, ASCAP.
UPDATE (7/10/09): I spoke with a friend of a friend at ASCAP who cleared things up a bit. He confirmed some of my suspicions about our ASCAP membership playing no role in this. Neither the venue nor I am the Heat need as ASCAP license in order to have us perform our songs. It is still unclear whether or not this was all a coincidence. I never heard back from the venue so I don’t know exactly what transpired between ASCAP and the venue owner.
- Jameson / I am the Heat
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