Pay to play: Strict enforcement of copyrights jeopardizing live music in small venues

The Boston Globe reports:

The threatening letters started arriving in early 2009, a few months after Jim Whitney opened J Dubs Coffee, a tiny storefront coffee shop in a Manchester, N.H., strip mall. Fifteen came over a few months, right around the time Anthony Demings, owner of the Brooklyn Coffee and Tea House in Providence, was receiving his own string of letters, and Lorraine Carboni, proprietor of Somethin’s Brewin’ Book Cafe in Lakeville, began getting calls and then lunch hour visits from a brusque man.

“I was blown away by his demeanor,’’ Carboni said. “He was rude to my staff. He was adamant about getting information. They were threatening me with lawsuits. So I did what I had to do, and ended my music program.’’

Across New England, church coffeehouses, library cafes, and eateries that pass the hat to pay local musicians or open their doors to casual jam sessions are experiencing a crackdown by performance rights organizations, or PROs, which collect royalties for songwriters.

Copyright law requires that any venue where music is performed publicly, from cheerleading competitions and mortuaries to nightclubs and stadiums, have a performance license. Recorded music is subject to license fees as well. The three US-based PROs — ASCAP, BMI, and SESAC — collect the fees and distribute them to their members.

For a different view on property rights.