I used to hang out a lot at a cafe in Seattle that was shown that exact same article and subsequently bullied into changing the rules of its open mics and weekend shows to "originals only." It was totally the epitome of the picture that political cartoons paint of the big music industry: two guys walk in wearing suits, holding briefcases, and shoving paperwork in the owners' faces!

Anyway, if the barista there hears you playing a cover, s/he's under orders to run up, interrupt you, and tell you to stop playing that! It's seriously got the fear of God struck into them. I hear that annual license fees are horrendous, even for small venues, and nobody wants to be threatened with a lawsuit, especially not twice.

On the bright side, the originals-or-at-least-not-BMI/ASCAP-songs policies may be spurring on local creativity. As with other measures that big music companies use to drive out "piracy" and "infringement," this may actually hurt them more than help them in the long run as venues turn towards cheaper (read: free) local sources that will do anything for exposure.

...that's in the public domain? Is there any source of music that doesn't fall under the scope of these organizations?

It sounds weird that they would be able to demand payment on the basis that some band might play a cover. How's about a system whereby the restaurant pays when a band actually plays a cover. That seems much more fair.

When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow

is acceptable, and not under the jurisdiction of BMI-ASCAP. Another piece of this is that a lot of venues pass the cost on to performers, charging a fee if your performance contains any BMI-ASCAP music if you yourself do not have a license. Other venues just disallow it altogether. I have been directing a touring cabaret-style show for 5 years now, and I have definitely noticed this becoming more of an issue over the last couple of years, with some venues now adding clauses about it to their contracts. I think BMI-ASCAP has seriously stepped up enforcement.

It's a complicated issue- as an independent arts producer scraping by on a small budget I've resented the extra costs it's posed to our show, and resent even more the times performances have had to be altered to not include popular songs. And it seems crazy that bars should have to pay a fee to have a jukebox.  But I also know that registering with BMI-ASCAP means that musicians receive royalties for their songs being played, and that it's enough money that it can be a boost to the incomes of struggling bands who are just starting out. Maybe some kind of compromise, such as limiting enforcement to radio stations or something.

Maybe these BMI guys just need more fiber in their diets. You know, to stimulate Bowel Movements.

In the Course of Events