David Witter

After unloading their guitars, two musicians rest their equipment in front of a bar that has regularly hosted an open mic. Yet as they peer inside, the bar is almost empty. The two are not surprised. Instead, they simply pull out their cell phones, get in their cars, and move on to the new location.

In recent months, many small venues that feature open mics and bar gigs have begun to resemble raves, advertising only by handwritten signs, word-of-mouth and even moving at a moment's notice. Much of this is due to the fact that the American Society of Composers, Authors and Publishers (ASCAP) has begun an aggressive policy of raiding and prohibiting live music at Chicago-area bars that do not pay ASCAP for an entertainment license.

"ASCAP looks through papers like Newcity and the Reader for ads or listings for live entertainment," Paul Bushbacker, a host of a North Side open jam says. "They check it against their list, and if they do not have a license, bar owners are notified in writing or by sending agents to collect their fee."

This has created a minor whirlwind of conflict. On one side, many songwriters and ASCAP officials believe that it is the right of the organization to collect and pay royalties. On the other, small bar owners who contend that the costs of paying both the bands and ASCAP makes live entertainment prohibitive and many musicians who fear they will have no place to perform.

"I had the open mic here for awhile, but ASCAP sent literature two or three times saying that if I don't pay the royalty fees that they can close me down," "Larry," the owner of a North Side bar says. "So now I don't have the open mic or live entertainment anymore. It's hard enough as it is for a small bar owner to get by, and I'm not going to lose my license over this."

Several other bar owners from Ravenswood, Jefferson Park, Rogers Park and Roscoe Village have privately complained about ASCAP's aggressive policy. Yet like "Larry" they are all afraid of going on or even off the record for fear of being singled out by the organization.

This may be due to the tremendous power ASCAP holds within the entertainment industry. Organized in 1913 after composers like Steven M. Foster died penniless while publishers made millions, ASCAP won a series of court decisions in the early 1930s that gave them unprecedented ability to collect fees and royalties for songwriters. Since then, almost every song that is recorded, as well as many arrangements of "traditional" songs like "Happy Birthday," fall under the jurisdiction of ASCAP or BMI, the other licensing agency. Fees are collected for music on CDs, downloaded music, radio airplay, jukeboxes, live music and theatrical performances, music played in bars, restaurants, elevators, cell phones, on television networks and in films. Even the Girl Scouts pay ASCAP a fee for music performed around the campfire.

ASCAP officials see this as a uniform policy protecting the creations of unknown songwriters whose work often paves the way for the lucrative careers of performers and music-industry professionals.

"What we are talking about are the rights of the songwriter, which is intellectual property," Vincent Candilora, ASCAP's senior vice president of licensing, says from his Nashville office. "But the problem is that businesses that are using music have some kind of Robin Hood syndrome. They think that everybody who records is a Sir Paul McCartney. So, what could playing a song in a club hurt a guy like him? What they do not realize is that the majority of songwriters are not superstars like McCartney or even performing artists. They are people who make their living solely off of writing. So yes, the bar or club owner is paying the band for their musical talents. But when they play the songs written by someone else, which is usually the case, the composers must be compensated as well."

In the middle of this conflict are the musicians. Most of them agree in principle with ASCAP, but many believe that such a large organization should concentrate their efforts on the millions that are lost in illegal downloading and piracy.

"A lot of this is due to pressure from people who are losing money because of illegal downloading," Bushbacker says. "But in other ways it is biting the hand that feeds them. I am sure that a lot of superstars got their start playing in smaller clubs and bars."

Officials from ASCAP counter this argument by saying they provide smaller, sliding-scale fees ($1,000-$2,000 per year) for such venues.

"Sure, some of the places may be smaller, but where do you draw the line," Candalora says. "If we overlook the licensing on places with say, 100 seats, the establishments with 200 will complain--and so on, and so on."

So what does all this mean for small venue performers and patrons? Stay tuned to your cell phones.

(2005-12-13)

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The Death of Neon
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