Bookstore told to pay licensing fee or kill the music

By
Doug Miner
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14
63

A Maplewood bookstore that has hosted up and coming musicians in its basement has found it needs to pay a licensing fee or stop the music — for now, Friday nights at The Book House (7352 Manchester Road) will be quieter.

After the weekly event was featured in the Riverfront Times as a top 20 thing to do, the owner, Michelle Barron, said she heard from the American Society of Composers Authors and Publishers that a $3,000 annual licensing fee is required for any copyrighted music to be performed. Baron said she can’t afford that.

“All my musicians say this is a thing,” Barron said. “It’s shut down bars. And they’re even saying we can’t even play it on the radio because it’s copyrighted and we’re over 4,000 square feet.”

She said she has no problem with musicians getting paid, “But there’s also small business that can’t afford $3,000 a year for licensing — for something that nobody is paying for and it’s all volunteer.”

She said she had to tell more than 25 musicians — “Sorry, we can’t do this anymore.” Musicians were scheduled through March.

If the musicians would play only original music it’s no problem, but if they play anything copyrighted she could be sued.

She said if enough people tell her they care enough about the Friday night music she might find way to make it happen.

Some recent Friday night performers at Book House:

14 COMMENTS

  1. Many of the acts were in agreement about playing only originals or public domain songs, but one slip up, even playing part of a licensed song could result in a lawsuit that would put this small business out of business. Even a false claim of copyright infringement would kill the Bookhouse, (and don’t think ASCAP would be above that). For the record, musicians were playing for tips, and for the love of the music. This wasn’t a lucrative gig, or a money maker for the Bookhouse. ASCAP is a joke for most musicians and songwriters, and a plague for beginning musicians, and musicians who’s music doesn’t fit into the bar scene box. If this was a coffee house that had live music 4 or 5 days a week, bringing in substantial revenue, an ASCAP fee would be appropriate. But to pay this fee to have someone playing a few tunes in the basement of your book store once a week, would be fool hardy on the Bookhouse’ part. I thank Michelle for allowing me to hang out in her basement from time to time, playing my unorthodox music.

  2. I think original music is the way to go. The BookHouse is definitely a unique one-of-a-kind bookstore. Unique one-of-a-kind music follows suit! Keep it going! You’ll be top Five!

  4. The American Society of Composers Authors and Publishers? Please. Just pretend that they are irrelevant, at least in our town. Or do the original music thing, to be on the safe side.

    • Pretending they are irrelevant will only result in a lawsuit that could put the store out of business. Not a good idea. Public domain music and original music (non-BMI, non-ASCAP) would be the only way to work around the licenses.

  5. The Book House is such an outstanding addition to Maplewood. I hope this gets worked out so they can continue being the unique cultural venue it has been. Hmm…maybe if they sold fried chicken they would be allowed to do anything they want!?

  6. They could start a kitty jar , get performers to only play original music until which time donations to the kitty jar are enough to cover the fee , if it has a big following may not take long.

  7. If you want to be a music venue, you have to act like a music venue. I might not agree with ASCAP’s tactics in this case (i.e., picking a fight with a used book store), but that’s how the business works. Ask any owner of a legit music venue (e.g., with a stage and sound system). If you are making money off someone else’s music, you have to pay them, even if you’re not making much money. The store buys their new books from distributors who in turn pay the publishers, who pay the authors. The same rules apply to music. The creators of an original work must be paid for its use if they are to continue to work, and ASCAP and BMI are the two largest organizations who ensure that happens. If you have a business and aren’t paying to use something in the running of your business, you are ripping somebody off. And to say it’s “all volunteer” is misleading. Yes, the musicians aren’t being paid properly (i.e,. they play for tips), but the store is still selling books to customers in the store, and the employees on the clock are being paid. The cheap solution is to tell the musicians to play original and public domain works. You could do an entire night of Mozart, and ASCAP couldn’t do anything about it.

  8. The performers are giving “copies” of the composer’s music away for free. That’s what “Copyright” entails. It protects the author of the original work against people stealing “copies” of their work, and them not getting reimbursed for it, or not giving permission for it. Unfortunately, none of the real criminals in this area get caught…those people who download and distribute pirated copies by the millions in this and other countries.

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