The DAV vs ASCAP

Herb Steiner · Post by **Herb Steiner** » 2 Oct 2002 6:46 pm

My wife, a veterinarian, owns a vet. clinic. At one time, she had a local radio station playing while her phone callers were "on hold" until a live human at the clinic could answer the call. Her staff also, for their own enjoyment and not thinking about royalties to songwriters, had the radio playing in the front lobby.

I'm sure you can extrapolate what happened. Here come the "boys" from ASCAP and BMI. Not only did they argue that playing the radio in the front lobby "enticed customers to do business with the clinic," but that playing the radio over the phone while customers were on hold "increased her business." So, they said "where's our check?"

I, a songwriter, pointed out: 1) Listening to the radio in the front lobby was not keeping customers in the clinic, waiting for the doctors to be free was doing that task; 2) listening to the radio was not keeping people on the phone, but rather the anticipation of talking to the doctor about their sick pet was keeping them on the phone, and; 3) royalties to the songwriter were already being paid by the radio station!!!!

No, these guys were going after a small business because a small business doesn't have the resources to fight a large business like ASCAP/BMI, so it was "easy pickings." So what did my wife do?

She turned off the radio. There, aren't the songwriters much better off? I'm sure they're all smiling and sleeping better, not being ripped off by Barton Creek Animal Clinic.

I don't know if her staff still plays the radio in the front office. I hope they do. And I hope it's the Rush Limbaugh program they're playing.

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Herb's Steel Guitar Pages
Texas Steel Guitar Association

[This message was edited by Herb Steiner on 02 October 2002 at 07:50 PM.][This message was edited by Herb Steiner on 02 October 2002 at 08:25 PM.][This message was edited by Herb Steiner on 02 October 2002 at 08:27 PM.]

Jim Florence · Post by **Jim Florence** » 3 Oct 2002 6:43 am

I rememer when songwriters and recording artists tried to aim their work at the beer joints in the hopes that the popularity of the song in the joints would translate to popularity of the song and artist. They used to want the local bands to play their song.
That's how they developed their popularity. I

Donny Hinson · Post by **Donny Hinson** » 3 Oct 2002 7:48 am

Love 'ya Herb!

Paul Graupp · Post by **Paul Graupp** » 3 Oct 2002 10:02 am

Megga Dittos on that one too, Herb !! Nice thinking and you too, Donny. If we've got questions, it's good to know we've got some answers too.

Rgards, Paul

Dave Birkett · Post by **Dave Birkett** » 3 Oct 2002 11:09 am

I'm keeping my bathroom window closed when I sing in the shower.

Herb Steiner · Post by **Herb Steiner** » 3 Oct 2002 3:10 pm

I'm keeping my bathroom window closed when I sing in the shower.

Dave, I do the same thing, and not just because of BMI or ASCAP. Apparently my singing violates the Deed Restrictions of the neighborhood. Something about disturbing the livestock in the area.

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Herb's Steel Guitar Pages
Texas Steel Guitar Association

Gene Jones · Post by **Gene Jones** » 4 Oct 2002 7:37 am

I gave up trying to sing with the band because I didn't have a good steel-guitarist playing behind me to make me sound good, like the other vocalists in the band...

www.genejones.com

Alvin Blaine · Post by **Alvin Blaine** » 4 Oct 2002 4:49 pm

I found this news clip from 1931.

1931

Music Industry vs. Radios

A group of composers claimed that the LaSalle Hotel in Kansas City violated their copyright by replaying a recording of some of their songs on the hotel radio. The court disagreed, saying that while the hotel couldn't perform their music without permission, it could play it on the radio.
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And before radio
1908

Music Industry vs. Player Pianos

Publishers claimed that companies making paper piano rolls based on the publishers' sheet music were violating their copyrights. The Supreme Court ruled that making piano rolls was not close enough to publishing music to be prohibited. Eventually Congress stepped in, establishing the "mechanical license," which grants anyone the right to reproduce another's published music in return for a royalty set by law.