They sure could so something to you, onomuse. If you put new lyrics to an existing melody, it's called parody. While you no longer require a license to perform/record/release a parody, you will owe money to the original composer. (Mechanical royalties for every mechanical reproduction). The Performance Rights Agency that represents the song you parody will technically owe the composer of the original melody some money.

As for "Aura Lee", whoever told you that you can't play the music in public (because you might potentially incur fees) is mistaken. "Happy Birthday To You" is another one in the same category. Patty and Mildred Hill claim authorship. "Happy Birthday" is not currently in the public domain, but it's a song parody. The melody was originally set to different lyrics. The original song from which "Happy Birthday" is derived is "Good Morning, Dear Teacher". "Good Morning Dear Teacher" IS in the public domain. If someone was to use ONLY THE MUSIC of "Good Morning, Dear Teacher" as background music in a movie for a scene in which someone was bringing out a birthday cake, it could get pretty funny. If the credits at the end of the movie list "Good Morning, Dear Teacher", they don't owe anybody squat.

If you have people singing lyrics, that's when Patty and Mildred start to make money. If you play and sing "Aura Lee" with the "Aura Lee" lyrics you're SAFE.

As a writer I agree that copyrighted material should be protected, but as a performer, I think BMI and ASCAP might be going about it the wrong way. There are already so few places to hear local music in town, harrassing the venues won't help anyone. And do the venues really make that much money from performers? Not the little coffee shops and restaurants. Could it make more sense for me for the performers to be licensed for the cover songs they do? What if BMI and ASCAP changed their approach, made it easier for performers to get the rights to do cover songs for a reasonable (and I mean reasonable for starving performers). The music industry is changing, and if the big dogs in the industry don't get with the program, they'll continue to loose money and market share.

I am reminded of the photography industry, which I have been involved with for 15 years. Once Photodisk and other royalty-free photography products hit the market, a ton of photographers who only did work for hire went out of business. The market changed and people wanted easy access to low cost, high quality photos. It would be great if BMI and ASCAP could figure out a way to do the same thing. As a performer who makes about $200 a year playing music and plays about 15 percent cover tunes, I'd still be willing to pay for a personal cover tune license (at this level I'd pay about $5). Then BMI and ASCAP could tell the venues to either pay the fee or hire folks with the license.

I have no problem with copyrights and ownership of a particular song or recorded track. I copyright my songs and have collected ASCAP royalties. I play mostly original songs, improvisations and jazz/blues/folk standards. I've been doing it for 35 years.

In the course of my tiny tiny business, I have never been interfered with by a large multinational corporation before and I resent it. Yes I take it personally. I am not mad at ASCAP. I am a member of ASCAP. ASCAP has NOT been shaking down my friends.

We can't play Aura Lee in public even though it's a Civil War Era melody. New Lyrics were added and it was re-copyrighted as Love Me Tender and it was taken back out of the public domain.

If we took all of the country music and blues BMI licenses and tested it for melodic similarities we'd get a hugh number of duplications and near duplications. All similar to old Scottish/Irish tunes and Minstrel tunes.

At Jazz Guitar school (GIT 1979) I learned that a great many Jazz standards have the same chord progressions with different melodies.

Am I correct in assuming that I could take a BMI licensed song, strip the melody and words off, add a new melody and it would then be a completely original work in the eyes of the Law?

I'm an improvising musician and I can do this. How about a Local Album called "Fresno Loves BMI!" in which local musical Artists each take a very popular BMI tune, change the melody, record it and release it with an ASCAP publishing company?

AttnyKendall? Could they do anything to us?

Is there anyone out there who truly believes that a person who writes a song should not have some protection from others' use of that song?
Assuming that we all accept the premise of copyright law, that the expression of ideas is protected, then the question becomes - how does one protect their expressions?
BMI is one answer that has developed over the years.
ASCAP is no better (or worse).
If you want to make money by playing other people's songs, you should be prepared to pay those people. If it is the amount that is the problem, perhaps BMI can be contacted ahead of time to determine the amount that should be paid for each song played that they monitor. There are also the concepts of fair use and compulsory license that should be considered. If you don't want to pay anyone to use their songs, you don't have to, but you'll have to limit yourself to songs that are pretty old.
I think it is safe to say that the scale has made its way into the public domain by now.
AttyKendall

yes, you can bet strategy teams are working on the possibilities of fines and revenue at that level. My experience with BMI hasn't been at all of representation, just the thug aspect of unions. As in early Deadwood, one faction declares ownership and protection must be paid in taxation and intimidation. BMI's self-preserving threats in the name of artist protection will be their own demise, but they will silence a lot of music and discourage a lot of local performers until then. They've declared war on their own brothers.

Some of my guitar and bass students have done well for themselves (I've been teaching long enough for that to happen! so cool!).
I never recommend music as a career but I encourage professionalism and competence.

I'm worried that the next great ballad singer/guitarist/songwriter in Fresno won't have a great small venue to perform in for the first time. I remember that first Gig. Don't you? Don't we all?

This is shameful. What's next? Licensing the Garage Bands?!!?

Love the baseball analogy Steve. But you're always a Major League player to me, my friend..regardless of what venue you play! Bite me, BMI. Bite us all. Bite the hand that feeds. Dumb-arses.

Public domain means the public owns it. Most of the country songs BMI licenses are based on public domain traditional folk melodies with new lyrics added then re-copyrighted as a new title. Shouldn't they only charge half of the normal fee?

What most upsets me is the feeling that this gigantic company is picking on me personally and my friends.

If I was the ONLY publically announced live music at UpstairsDowntown in recent months isn't that true?
Oh yeah... "it's not personal, it's only business" Tom Hagen from the Godfather.

you don't own that cd you only paid for a license to play it privately and you have to pay more fee's to play it publicly.

I own my car too, but I have to have it licensed to have it on the street and to drive it too.

I wish I could own the Musical Scales and be paid for every time someone played C, D, E, F, G, A, B and any form and combination of those musical notes. I'd be Rich and people would hate me.

To BMI, ASCAP, SESAC, Members of US Congress, The Governor of the State of California, The Mayor of Fresno CA, The Mayor Clovis CA

As a lover and player of the songs for which BMI, ASCAP and SESAC have the authority to license, I would like to point out two facts.

1) Copy music is what every musician and/or songwriter started out with. We have played, performed and studied hundreds, maybe thousands of songs we did not write. The very first song most of us ever played in public was a copy tune. We learned how to write songs by learning and playing copy tunes. Every musician who plays a copy tune is a living breathing surrogate for the original artist and the writer. Reinterpreting that work of art for his time and place.

2) Restaurants, coffee houses, neighborhood bars and small clubs are where these first performances happen. Most of these are Mom and Pop establishments operating with very small budgets and no capital reserves. A few hundred dollars can be the difference between staying open or closing. A few hundred dollars is the usual fee for a local copy band.

I am not going to argue the legality of the licensing fees, they are legal because the Congress and the Courts say they are. What I will argue is the practicality of the policy and the effects it may have on the future of the American entertainment industry.

Every great performer has to pay his/her dues. If BMI's small club copyright enforcement keeps up the next generation in my local area will have no place to learn their craft and pay those dues.

Here is a baseball analogy. Coffee houses are the Little Leagues, Small bars and dancehalls are the Minor Leagues. If the Big Leagues want trained seasoned players they had better keep the other two real healthy if not sponsor them.

I would bet that either the overall membership numbers for BMI etc are shrinking or the gross income per title is.
Has anybody tried to find out why?

I teach guitar in Fresno California. Because of this license enforcement policy I will recommend to my students that they not sign with BMI.

Steve Ono
onomuse@sbcglobal.net