[Bill Graham]

vdubreeze wrote:
On May 26, 9:33 pm, "Bill Graham" wrote:

I do perform it for free. And, I don't mind paying for the sheet
music, or for CD's of the music. but when the BMI police tell the
Pizza store owner (or whoever) that they have to pay $1000 dollars a
year because he is using their music to draw customers into his
establishment and we are playing there for free, so he has little
choice but to stop us, then I object to that. Especially when the
music was written in the years between 1927 and 1957, and the only
people who appreciate it are in their seventies. (usually from the
local retirement centers) 1957 was over 50 years ago, and BMI is not
giving any of that money to anyone who composed any music between
1927 and 1957

Where are you getting this figure from? Because I spoke with an
establishment owner who claimed he was being held up for an $800 fee
but it turned out that in truth it was for $500, and he probably ended
up paying half of that. I wouldn't believe anyone, including the
voices in your head, regarding why they're too broke to pay you.

Speaking of hearing voices.....I never said they paid me. They don't pay
anyone for the music. We, (and Blake) are not pro's. We are retired people
who like to play music. The Pizza parlor owner just lets us play in his
place once a month. (or did, before the BMI brownshirts threatened to sue
him if he didn't pay them $1000 a year) The law apparently says that if
anybody makes any money at all from playing the music, even if there3 is no
cover charge and all they are doing is attracting customers with it by
making the place more pleasant because of it, then BMI can sue them for
money. Now, Blake plays dixieland music, and there are quite a lot of good
dixieland pieces written before 1923 (which is the cut-off year, I think)
So, he could play that music, but he has to be able to prove that anything
he plays was written before then, and the only way to do that is to have the
actual first published sheet music with the copyright date printed on it.
Blake can't do that, because he doesn't spend his life rummaging around in
old sheet music bins in second hand stores and flea markets. The law is not
only oppressive, but it puts the burden of proof on the suee, rather than
the suer. IOW, BMI can go around suing musicians, no matter what they play
and where they play it, and the musician has to prove that whatever it was
he played was written before 1923. If that doesn't take the cake, I don't
know what does. But, apparently, everyone on this forum sees nothing wrong
with that, or they keep telling me that I aqm wrong. But the laws are right
there on the books. Research it yourself. And, Blake's group is no longer
performing once a month at the Pizza house.

You are supposed to be innocent in this country unless and untiul someone
proves you guilty. But with the copyright laws, this is not the case. These
people can sue you, and they don't have to prove that you were playing music
written after 1923. You have to prove that you weren't. Isn't that kind of
like the police arresting you for murder, and they don't need any evidence
that you committed the crime. YOU have to come up with the evidence that you
didn't, or you will lose the case.