ONJava.com -- The Independent Source for Enterprise Java
oreilly.comSafari Books Online.Conferences.


AddThis Social Bookmark Button
Weblog:   The Right Term is Copyright Infringement
Subject:   ASCAP
Date:   2004-08-14 17:17:59
From:   Music
I have done a lot of writing on ASCAP and the music industry. I write because thus far they've stolen

more than $100,000.00 from me, Terry James. I am an ASCAP member. I wrote two songs, paid for

their entire production, and they were placed in the movie "Home Alone" without my consent.

"Be With You" and "You're Old Enough."

You don't find them in the credits because they were stolen and Hollywood doesn't advertise their acts of

theft or Copyright Infringement. Fox Films, John Hughes, Chris Columbus and others know this is true,

and unfortunately for them they fully documented it.

ASCAP is currently out of control. The Writer Members have no say nor any voice at ASCAP. They are

intentionally kept from corresponding with each other. All for the benefit of the publishers.

The details of this constitute a book and perhaps a volume of books. ASCAP actions rise to the level of

Racketeering under the R.I.C.O. law, and various other laws pertaining to Copyright Infringement,

Embezzlement, Money Laundering, and Mail Fraud. The F.B.I. will find a larger pool of criminals at

ASCAP than they ever found at Enron, using the same "Big Six" crooked accounting firms and the same

fraudulent "Creative Accounting" to fatten their bottom line.

Bergman and the other rich and famous board members know about this fraud and actively engage in

keeping it from the authorities.

Betrayal is the worst form of treason. And ASCAP betrays its Writer Members every day.

I'm about to file lawsuit against them an open an investigation that will make Enron look like a charitable

institution. In federal court, for Criminal Copyright Infringement by the rich and famous, not downloaders,

who ASCAP's RIAA board and members seem too overzealous in deflecting their own illegal activities.

I want to say this to downloaders: No record company, nor ASCAP, nor BMI, nor any other music

industry participant has a license for the reproduction of music on the Internet. It's very simple: because

each clause of a contract must specifically state which right under Copyright Law the Author is granting,

without a specific clause stating usage on the Internet, there is no contract for this right.

Which means, ASCAP and the RIAA do not have standing on Internet singlecast, broadcast, or multicast

of musical works; this covers downloading.

Their whole copyright infringement case log regarding the Internet thereby becomes null and void. They

must have the permission of the original Author, not just the copyright holder who is most often a label

with a specific contract, to participate in Copyright actions regarding relevant musical works.

I never gave them that right.

No Writer Member ever gave them that right.

And all rights not stipulated in contract remain with the Original Author, who also has the right to revoke

any license at his sole discretion.

The defense to downloading is that those suing don't have the right to enforce a non-existent contractual

clause to begin with.

And "perpetual" clauses and "any new technology or form of reproduction" are non-sequitar in that a right

cannot exist if the medium does not exist. These are merely the attempts of the publishers to steal rights

which they don't even know exist.

Because they have not bargained fairly for such rights, they do not exist.

Every contract ever written with songwriters therefore can and must be renegotiated.

One of the editors of a website, Levine, said that copyright law was written to protect publishers and


Copyright Law was, in fact, written to punish publishers who steal from the Authors. There are two words

in the U.S. Constitution in Article I Section 8 Clause 8, "Authors" and "Inventors" and no where is the

word "publisher" found.

Publishers were originally printers of manuscripts. They were equitable in that they split the profits with

the Authors 50/50.

When radio, movies, and records came along, all of that changed. None of these paid royalties, or

anything, to the Authors. Thus, Copyright Law was codified, again, to protect the Authors, not the


ASCAP was originally founded to collect from Hollywood the royalties they refused to pay.

ASCAP later went crooked giving the publishers control of ASCAP.

Publishers are the record companies which are the labels which are the movie companies.

Which is Hollywood.

Every time the Authors tried to get paid, it was Hollywood and New York that stopped them, not the

consumers. The M.P.A.A. [now the M.P.A because the former was broken up as a monopoly which still

what the M.P.A. is], R.I.A.A., Harr Fox, N.M.P.A., ASCAP and BMI are one and the group of Hollywood

and New York board of directors. And that is exactly how they control the industry, just like the five

familes of the mafia.

As an Author and an artist, I side with Janis Ian and the people who want to download music. It benefits

the Author and artist in 500% increase in sales. But Hollywood and New York don't want this because

then they couldn't control who could make hit records and CD's.

And Hollywood goes back to Beverly Hills, while New York goes back to places like New Rochelle,

Rochester, and Westchester. Producers and Directors totally unwilling to pay for music. Instead, they

give away $100,000,000.00 to actors like Keanu Reeves, while Robert Redford just looks the other way

while Hollywood turns Sundance into the new Warner Bros. backlot.

The above refers to synch rights. Years ago, you got paid for every copy of a movie sold. Today, you

don't. And that's because the directors, producers, and stars now get your musical synch rights, not you,

the Author.

So, we're back to where we were before the Continental Congress wrote the U.S. Constitution and even

Senator Leahy is either too stupid or too blind or too paid off by ASCAP to change it.

The publishers, i.e., Hollywood and New York film industry, just blatantly use music stolen from Authors

and because they own and control all of the agencies like ASCAP and BMI, nothing can stop it but

another Senate Hearing on Hollywood and Beverly Hills corruption in the music industry.

So don't ever say that Copyright Law was written to protect publishers, it wasn't. It was written to

discipline publishers.

Just try to find anything on ASCAP or BMI as being indicted for copyright infringement. You can't even

find a negative about ASCAP, which says an aweful lot about their clout in the corporate owned search


But you will find that they were held as monopolies from 1941 until 2002 under the Consent Decree,

brought by the FTC.

Worse, ASCAP and BMI, along with the others, are racketeers [RICO], moneylaunders, embezzlers, and

the biggest organized crime syndicate involved in Copyright Infringement in history. The make Vito

Corleone look like the Pope!