SESAC

Mike Winter · From: Portland, OR

Last week our band played a local bar here in Portland, and after we were done, the owner wanted a copy of set list. He explained that he pays annual ASCAP and BMI fees, but not SESAC. He went on to explain in detail that even though SESAC has a substantially smaller catalog than the other two, they want the same amount of money per year, which he refuses to pay. So now bands that play there will need to check the SESAC on-line database to see if any of their covers are listed. He’s afraid an agent might show up with a hidden recorder and slap him with a hefty fine. I know the subject of copyright/performing rights/royalties has been covered before, but this is the first time this particular slant came up. I thought it might be of interest to those of you who play out.

LJ Eiffert · From: California, USA

Hello Mike,First of all any rep.from ASCAP,BMI & SESAC has to announce publicly in the Club to Management who they are.If he or she don't,it's an invaliation of the owners rights. That's why if you're in Business you better know all your legal-rights. How many laws dose it take to play Music?,and to think it all for the love of our Instrument. The old saying,If you pay then you can play! Leo J.Eiffert,Jr. & Pigeons

LJ Eiffert · From: California, USA

Bump:Any feed back yet on that Club Owners feelings about you do the gig still? Leo J.Eiffert,Jr. PS;It could be a CD download!!! RIGHT>>>

David L. Donald · From: Koh Samui Island, Thailand

It still amazes me to hear these stories.
I played for years in MANY different USA cities
and states and never had this stuff come up.

Wedding bands in big city hotels occasionally
were called in for set lists, but that was rare,
and only high, high up the scale gigs even qualified.

Radio play, jukeboxes sure.

It did come up in France a few times,
but only in big festivals or
theatrical stage shows with bands.

Nothing against artists and writers getting
paid properly of course.
_________________
DLD, Chili farmer. Plus bananas and papaya too.

Real happiness has no strings attached.
But pedal steels have many!

Mike Winter · From: Portland, OR

LJ -- we'll still play there...playing there on January 25th as a matter of fact. We just need to be sure not to do any SESAC-covered material.

LJ Eiffert · From: California, USA

Hello Mike,I'm glad to hear you're still able to play at that Club & have fun doing your own thing as a band. How many band members in your group? You do have a Steel Guitar,Right! .... Leo J.Eiffert,Jr.& The pigeons Band./ Yes,I do race racing Pigeons!

Dave Mudgett · From: Central Pennsylvania and Gallatin, Tennessee

Well known SESAC writers include Bob Dylan, Neil Diamond, and Jim Lauderdale. I'm not sure we'd be very happy playing a place that told us to leave out Dylan's entire catalog. We play mostly original stuff and don't always cover his material, but we're pretty close to that style and like to sometimes.

I have had a few club owners ask for set lists. They didn't explain why, and I just gave it to them.

Mike Winter · From: Portland, OR

Here's a current Portland craigslist post, not posted by me:

(http://portland.craigslist.org/mlt/muc/530880619.html)

"ASCAP, BMI, SEASAC and venues
Reply to: comm-530880619@craigslist.org
Date: 2008-01-06, 9:26PM PST

They all send their people out to enforce licensing requirements. Portland has two BMI reps that I know of. There maybe a third or else there's been some turnover in that area.

They came in a hassled the restaurant where I had a weekly jazz gig for a year. I lost my gig because of it. This was a gig that included drinks, food, tips,CD sales and $75 a man (duos) for a 6-9 performance.

I've been a BMI member for almost 15 years - I've never gotten a check for airplay although I've been played in most markets in the U.S. for multiple CDs I've released. As a thank you, BMI came out and cost me my gig.

I'm quitting BMI and joining ASCAP. I recommend you all do the same.

And if you are a BMI rep and reading this rest assured if I find out who you are, I'll be very sure to give you a proper thank you for sucking my royalties and putting me out of business. It's personal and it's business. You rotten f*cker.

These b*stards will visit your website and then go the the venues you list. They are all b*tches.

I'd feel very differently if they sent me a check for my royalties. But they don't. All they've done is screw me and every other musician who doesn't get airplay like Michael Jackson, Madonna, Bob Dylan (who moved to SEASAC) or Fergie.

The sad thing is, they were formed by musicians because ASCAP was doing exactly what they are doing know. Now they're the worst of the worst and ASCAP actually works for you.

* Location: Pdx
* it's NOT ok to contact this poster with services or other commercial interests

PostingID: 530880619"

Leo -- normally we're a four-piece, currently a three...auditioning a fourth at the moment. Yes, we always have a steel player, but only as a "hired gun." (Not our choice...we'd rather have one as a member, but it seems to rarely work out that way.) Some who play with us are Harley James, Pete Burak, Mark Simpson, Dave Grafe, Lynn Stafford and John Carter. They're all great people and awesome steel players...we're blessed in the Portland area to have some of the best players in the country, and the fact that they take up with us from time to time is too cool. Smile

LJ Eiffert · From: California, USA

Hello Mike,so from BMI this is what was wrong. The Radio Stations that played your song or songs didn't log them and that's why no royalties check.Now,that you're with ASCAP how many checks have you got? Also,it is a different game with the Club Owners for payments to BMI or ASCAP any the others.Good luck with your band & Gigs.If I can guide you with any of the pro & con to this matter or others I'll be glad to share the means of coalition. Leo J.Eiffert,Jr. & Pigeons Band with clip wings.

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