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ASCAP’s Image Problem…
Is ASCAP good for the music business, or a prime example of the divisiveness that has been so crippling in the digital era?
ASCAP is no stranger to aggressive and protectionist rallying cries. But the enemies seem to be everywhere. For years, the performance rights group has been rallying its members to diffuse the influence of more progressive copyright (or, “copyleft”) thinkers like Creative Commons innovator Lawrence Lessig.
In court, ASCAP was most recently fighting to qualify a ringtone as a public performance, a conveniently profitable point of view that was ultimately defeated. It has also caught a bad rap – fairly or unfairly – for aggressively chasing mom-and-pop venues, though its shakedown of the Girl Scouts remains notorious.
Now, all of the organizations singled out by ASCAP for allegedly undermining copyright and bilking artists have rather calmly responded with more educated responses. The Electronic Frontier Foundation (EFF) was the latest one biting back. The group took major issue with the qualification of a ringtone as a public performance, but actually backs a blanket licensing system for monetizing file-trading. “For years, we’ve had a proposal for voluntary collective licensing,” an EFF staffer told Create Digital Music. Oddly, just like the system ASCAP employs to monitor public performance royalties across thousands of business across the US.
This is a very difficult issue, as as we work towards equitable solutions, there will, inevitably, be blundering about and passages to dead ends. So ASCAP ((of which I am a member))should not be pilloried for battling for the rights of its members. Do we forget how and why ASCAP came into existence? The words are different and there is a universe stretch between the technologies, but in the end the principles at stake here are the same. Creators should be compensated for their creations. Period. No amount of gobbledygook and techno-babble can camouflage this hard fact, this unavoidable truth. As it is, this battle is has been half lost and much will not be recouped. Thievery wears many colours, some of them dressed up in various ways. In the end, theft is theft and piracy is piracy, facilitated by Digital Signal Processing — DSP and the Internet. We have to live with all aspects of this. But we have to do our best to shape, in the name of honesty, ultimate outcomes. Banzai ASCAP!! Viva ASCAP!