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About Seaside signal. (Seaside, Or.) 1905-current | View Entire Issue (June 14, 2019)
A4 • Friday, June 14, 2019 | Seaside Signal | SeasideSignal.com SignalViewpoints Why they’re not playing your song in Seaside SEEN FROM SEASIDE R.J. MARX I f you walk down the streets of Seaside, there’s one thing you don’t see much of. That’s live music. Oh, sure, you see some bold crooners holding court in Quatat Park, melodion players, paint-bucket drum- mers and the like. But you won’t fi nd too much live music around town. It’s not that there aren’t musicians — there are plenty of those. But requirements by licensing agencies like ASCAP and BMI have discouraged would-be musical venues — including kara- oke, jukeboxes and open mic nights — from going forward. You wouldn’t know that this was the city that introduced groups like the Kings- File photo men and Paul Revere and the Raiders to the Seaside’s Pypo Club debuted some of the great bands from the Pacifi c Northwest in the 1960s. world in the 1960s, with a string of great music venues like the Bungalow, the Pypo Club and the cocktail lounge at the Lodge. The music business may be biting itself in the foot with licensing rules that end up discouraging coffee houses, bars, tap rooms — even farmers markets — from having live music. In Bend, a small bar called the M&J tav- ern was hit with a lawsuit from Broad- cast Music Inc., the licensing agency better known as BMI, the Bend Source reported in December: BMI fi led a federal copyright infringement lawsuit against M&J, stem- ming from six songs that were played at the tavern on a Wednesday open mic night — after the owner declined to pay $378 per year for a license. Other bars weren’t so lucky. The Car- ey-On Saloon in Colorado Springs, Col- R.J. Marx orado went out of business in 2014 when A sign on Broadway holds promise for music lovers, comics. it was hit with a $21,000 fi ne for failing to license with BMI, Denver’s alternative open to requests for licensing from each of weekly Westword reported. very inexpensive and generally cost about The saloon already had a license with the the licensing company. $2 or $3 per day. American Society of Composers, Authors For a venue that presents a banjo player Even so, with the potential of being hit and Publishers and the Society of European once a month singing “On Top of Old by fees from multiple licensing agencies, Stage Authors and Composers but not BMI. Smoky,” the licensing cost may exceed the club owners are less likely to take the risk They got slapped after several patrons sang month’s profi t. of at best getting collection phone calls or at Toby Keith songs while a BMI scout was While the musicians aren’t liable for the worst facing high and mounting fi nes. present. fi nes, the club owners are, whether they’re a “Sometimes our licensing operations In November, the Seattle Times reported, 16-seat cafe or a 200-seat club. are misunderstood, most often by local bar the High Dive bar — a karaoke spot — Under U.S. law, any establishment that owners trying to avoid being licensed,” they faced a suit asking for up to $30,000 in dam- uses music — whether as background or write in a frequently asked questions doc- ages without obtaining an ASCAP license. with DJs, karaoke or live bands, and meets ument. “There are more than 100 different The complaint specifi cally cited the certain criteria must obtain a license to do types of ASCAP licenses, and we’ve always “public performances” of three copyrighted so, said John Johnson, ASCAP’s senior vice adapted our licensing to refl ect new ways songs — Stone Temple Pilots “Interstate president, licensing. that businesses are using music.” Love Song,” Jill Scott’s “The Way” and “Nearly 90 cents of every dollar collected ASCAP has a staff of people that fi nd Jason Mraz’s “I’m Yours” — during the goes back to our members as royalties, so businesses that are using music, mainly by club’s karaoke night. they can make a living and keep making the using the internet, Johnson said. “Many Close to home, the Newport News-Times music we all love,” Johnson said. “ Hun- businesses that use music do so to attract recently reported the impacts of licensing dreds of thousands of businesses purchase patrons and will advertise, so we also check rules: dwindling live music events or venues an ASCAP license to use music in their to see which establishments are advertis- shutting down. establishments and to ensure that music cre- ing in local publications. We’re then able to Linda Lewton, owner of the Bay Haven ators get paid for their work.” contact those businesses and educate them Inn, told the News-Times she received ASCAP license fees for smaller estab- on the need for an ASCAP license. Typically repeated calls and threats of lawsuits lishments are very inexpensive and gener- we contact a business multiple times via demanding payment. In late February, ally cost about $2 or $3 per day, Johnson email, phone and in-person visits to educate ASCAP fi led 13 separate copyright infringe- added. them on their obligations under the law and ment actions against bars and restaurants The fees are designed to be fl exible encourage them to purchase a license.” nationwide — from Baltimore to Seattle — and are based on the size of the venue and Originals only? arising out of the unauthorized public per- other factors such as whether the music is My musical cohort, guitarist John Orr, formance of its members’ copyrighted musi- recorded or played live. suggests that licensing agencies are trying to cal works. “We use the fi re code to measure a ven- “recapture royalties lost, “especially now in ue’s size because it is an impartial number Small-business impact that is set by a third party and is easily avail- this age of Spotify and Pandora.” The impact on music at the grassroots, Vinyl records and later cassette and CD able,” Johnson said. “We treat all similarly organic small-town level may be profound. sales drove a thriving industry, with small situated establishments the same, whether Small business owners seeking to open clubs serving as venues to promote and they are in a large metropolitan or a rural their doors to new talent leave themselves area. Licenses for smaller establishments are grow the record industry. No more. But, he added, live music in small clubs is a way to keep help prevent the music from dying. “Live music is a vehicle for songwriters to have their music heard — and not many people are making money selling records,” Orr said. “If a songwriter is not getting royalties from a small club, but his song is getting broader recognition and familiarity, it may lead to commercials, movie soundtracks, more popularity on the tour.” Seaside guitarist/composer Bruce Thomas Smith and his Z.Z. Top Tribute Band plays big halls that can afford to pay up to $7,000 a year in licensing privileges. But close to home, smaller venues often require him to play only original music because of licensing fees. The Astoria Sunday Market, rather than pay the $1,200 licensing fee to ASCAP, changed to booking musicians and bands that only play original music, the market’s director Cyndi Mudge said. She said she is pleased with the outcome. “It has actually been a great fi t for our market,” Mudge said. “We like promoting that our music is also fresh and original.” Only originals and public domain songs — music published before 1923 — are allowed, she added. State seeks action The state is very aware of the conun- drum facing small businesses: They’ve taken steps to smooth the process and pro- tect club owners from harassment by licens- ing companies. A bill passed in the 2018 legislative ses- sion, advocated by the Oregon Restaurant and Lodging Association on behalf of Ore- gon Winegrowers Association and winery tasting room managers, requires performing rights societies to provide specifi ed informa- tion at least 72 hours before entering into, or offering to enter into a contract with a proprietor. The law protects clubs from the most egregious abuses by licensing companies: licensing company “spies” who do not identify themselves, who use “abusive or obscene language when communicating,” or harass business owners with after-hours calls. The bill was passed out of the House Business and Labor Committee. Legislation intended to craft the legisla- tion to protect small venues/musicians from expensive lawsuits while maintaining copy- right/licensing integrity, Dan Jarman, a lob- byist for the winegrowers, said in an email. According to the bill, performing rights societies must fi le templates of annual con- tracts with the Secretary of State, as opposed to copies of each executed contract. The Secretary of State has no duty to review or verify the contents of contracts fi led. The bill allows courts to impose a fi ne of up to $1,000 for violations. Johnson said ASCAP “has always con- ducted its licensing and enforcement activi- ties in a lawful manner. ... Oregon Bill 4088 added new language to existing law but has had no effect on the way we conduct those activities, because we already comply with the law.” Nevertheless, there is a need for clar- ity in a musical environment that crosses city, state and federal — even international — jurisdictions. The end result: club owners are reluctant to take a chance on musical talent — and talent has no stage to be heard, no obscure songs rediscovered or repertoire to be appreciated. Something fi shy in Astoria, and it’s worth the trip A friend in Gearhart who I trade “Have you eaten here yet?” infor- mation with recently made a strong case for a new place called South Bay Wild Fish House in Astoria. “Everything is wild caught,” he said. “You’ve got to try the tacos.” I don’t get to Astoria anywhere near as often as I’d like; Astoria, in my opinion, is a perfect city because it’s close, it has a scenic waterfront, and there are sea lions. It is also alive and vibrant with a happen- ing and diverse food scene, unique shops, and enough bars, brew pubs, coffee houses, and galleries to support a burgeoning pop- ulation of artists, young entrepreneurs, and young professionals. South Bay Wild, Inc. is one of the newer businesses to stake a claim in Astoria. They are a small, family owned and oper- ated commercial fi shing vessel, harvesting and marketing high quality sustainable sea- food using the triple bottom line approach; when the boat’s not in the water, you can fi nd it parked at the West End Moorage Basin. The restaurant and market where they sell their bounty is located at 262 9th Street, Astoria, just off Commercial PUBLISHER EDITOR Kari Borgen R.J. Marx VIEW FROM THE PORCH EVE MARX Eve Marx Fish tacos come three tacos to a plate. You could share. Or not. Street. There’s a sign outside that says Fish House. You can’t miss it. Mr. Sax and I started with the crab cake appetizer, two meaty crab cakes accompa- nied by a small load of fresh arugula and red pepper salad that was plenty to share. I am fussy about my crab cakes and these did not disappoint. I was sorely tempted to sample one of the daily specials, that day poached Wil- lapa Bay oysters or steamer clams, but I CIRCULATION MANAGER PRODUCTION MANAGER CONTRIBUTING WRITERS Jeremy Feldman John D. Bruijn ADVERTISING SALES MANAGER SYSTEMS MANAGER Sarah Silver- Tecza Carl Earl Skyler Archibald Darren Gooch Joshua Heineman Rain Jordan Katherine Lacaze Eve Marx Cara Mico Esther Moberg remembered my Gearhart pal’s sugges- tion and ordered the fi sh tacos, which came three to a plate. Each taco was maximally stuffed with delicately fried rockfi sh, a tangy slaw, and avocado sauce. Mr. Sax and I could have easily shared one order, the portions were so gener- ous. I’m pretty sure our server was Tiffani Seitz, who owns the restaurant with her fi sherman poet husband, Rob. In addition to his life as a commercial fi sherman, he’s a regular participant in the Astoria Fisher- poets Gathering, and this September will be traveling to New Bedford, Massachu- setts, to headline at the Working Waterfront Festival. OK, back to the eats. We also ordered beers. I had a Fort George City of Dreams pale ale, which arrived with a frosted glass. Then our server urged us to try the bread pudding. Who says no to bread pudding? Is it weird to say I almost licked the plate? I learned from South Bay Wild’s web- site that 90% of seafood harvested in the United States is exported, and we import 80% of what we consume. Those numbers seem crazy. Who wouldn’t prefer to eat what’s caught a few miles from home? If you aspire to prepare your fresh caught wild fi sh at home, the Seitz’s are happy to share their favorite recipes. On the website are recipes for Wild Lingcod Chowder, as well as easy directions how to make your own fi sh stock. For those inter- ested in a weight-reducing heart healthy diet, check out the steamed petrale sole with uncooked tomato sauce, or simple poached sole; cheese lovers won’t be able to resist the gorgonzola baked lingcod. The recipe for their “Rockin’ Fish Tacos” with Morro Bay avocado sauce is on the site. The secret is marinating the fi sh for 20 minutes in the refrigerator before cooking it in a chili powder, cumin, ground cayenne red pepper and garlic mixture. Yum. South Bay Wild Fish House has a full bar upstairs. We went for lunch. Next time I want dinner. Seaside Signal Letter policy Subscriptions The Seaside Signal is published every other week by EO Media Group, 1555 N. Roosevelt, Seaside, OR 97138. 503-738-5561 seasidesignal.com Copyright © 2019 Seaside Signal. Nothing can be reprinted or copied without consent of the owners. The Seaside Signal welcomes letters to the editor. The deadline is noon Monday prior to publication. Letters must be 400 words or less and must be signed by the author and include a phone number for verifi cation. We also request that submissions be limited to one letter per month. Send to 1555 N. Roosevelt Drive, Seaside, OR 97138, drop them off at 1555 N. Roosevelt Drive or fax to 503-738-9285, or email rmarx@seasidesignal.com Annually: $40.50 in county • $58.00 in and out of county • e-Edition: only $30.00 POSTMASTER: Send address changes to Seaside Signal, P.O. Box 210, Astoria, OR 97103. Postage Paid at Seaside, OR, 97138 and at additional mailing offi ces. Copyright © 2019 by the Seaside Signal. No portion of this newspaper may be reproduced without written permission. All rights reserved.