ComplaintsforASCAP

• Initial Complaint

  10/07/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I made an application for a license (Website and App) on 3 Sept, I did not receive any confirmation or response towards license processing. From what I read it's meant to take a week at most. I got in touch with the company representatives and they said it was not on their records. I supplied relevant information and was given numbers to call. Both numbers are difficult to get through, I left a voicemail on one but I have not been contacted. Most emails I now send are not replied. A process that should be simple has been complicated unnecessarily. It is now over a month since I applied. I paid for a license but I am left to entreat them to process it.

  

  Business response

  10/12/2024

  This is ASCAPs response to the Complaint submitted to the Better Business Bureau by ****** ******* (the Customer), the operator of the *********** website, concerning his inability to obtain confirmation of his license from ********************** to perform publicly ASCAPs members music via his website.  The Complaint brought to ASCAPs attention problems with certain aspects of the online process for acknowledging applications for, and execution of, ASCAP license agreements.  Accordingly, upon receipt of the Complaint, a senior ASCAP licensing representative immediately wrote to the Customer to thank him for bringing the problems to ASCAPs attention, and to apologize for any difficulties he had experienced in attempting to resolve those problems.  The ASCAP representative also provided the Customer with written confirmation of his ********************** license for his website, as well as a physical copy of the license agreement.  As a result, ********************** is confident that its prompt response to the Complaint has fully resolved the Customers concerns.

• Initial Complaint

  10/07/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  ASCAP has repeatedly ignored my requests to closey account and they have incorrectly billede for the most recent year of service I asked them to correct this issue and they ignored it and just sent a new email saying I had refused to speak with them. I sent the email back in the new chain and their employee ***** **** immediately called and let a message saying he had called may time and spoken with employees on the issue, which is un true. I interrupted the voicemail and asked he fix the issue as requested he began to get agrivated. I asked for his boss he said he is the compliance department. I advised I would contact the BBB he told me.to.go ahead and also have my lawyer contact them. Then hung up. This business has been collecting off of my business for 1 to 2 live music acts a year nea4ly 600 per year and I have paid them while that was going on. It is now done and I asked them to stop they continued and have been unreasonable since. I had no choice but to report this.

  

  Business response

  10/20/2024

  This is ASCAPs response to the Complaint submitted to the Better Business Bureau by **** ***** (the Customer) concerning his ********************** license for the ******************** located in **********, *************  Specifically, the Customer complains about a telephone call with an ASCAP representative, and that ASCAP has ignored his requests to terminate the ASCAP license for the Customers business.  
  
  ********************** regrets that the Customer perceives that an ********************** representative spoke inappropriately during a phone call with the Customer earlier this month.  However, according to the ASCAP representatives contemporaneous notes of the phone call, while the representative was attempting to answer the Customer's questions concerning his ********************** license, the Customer interrupted him, became angry, would not let the representative speak, and used abusive and foul language.
  
  As for the Customers request to terminate his ********************** license based on discontinuance of music, the license requires written notice of such discontinuance, and it was not until the Customer wrote to ********************** on August 20, 2024, that ASCAP received the requisite written notice.  Accordingly, ASCAP has now closed the Customers account effective September 14, 2024. There remains a balance owed on the account for periods prior to termination of the ASCAP license.  The Customer will be receiving an invoice that reflects adjustments to his account for the cessation of music. In accordance with the terms of the now-terminated license, the Customer should promptly pay the fees owed.

  Customer response

  10/23/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me and the matter has been resolved.
  
  Sincerely,
  
  **** *****
  
  
  
   
  
  

• Initial Complaint

  08/19/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Every aspect of my communication with this company has felt like a scam. I organize a free outdoor festival, and I hire a licensed DJ who has an ASCAP license. I constantly received threatening emails from an ASCAP representative stating that I needed a license. Once I purchased my licensing agreement, the representative would not give me my account number so I could log in to review my licensing agreement and payment history online. One year later, when I needed to renew my licensing agreement for our next event, I reached out to the ASCAP representative and they just sent me a bill and a link to a portal to pay. I paid the amount and when I asked for an updated licensing agreement, I was told that I didn't need one. The 2023 license I was sent last year was fine. Huh? If I could just use the licensing agreement I received last year that says 2023 all over it, then why do I have to pay every year? If someone asks me for my ASCAP license at my event, am I supposed to provide them with an agreement that says 2023? That makes no sense whatsoever. When I asked the representative how I could get an updated licensing agreement, I got no reply! SCAM! I asked again for our account number so I could log in to my account on their website and maybe download it from the website. The representative finally gave it to me and when I went to register, I entered my account number and billing zip code as requested and I received an error stating, "The 'Account #' and/or 'Zip Code' combination you entered does not match our records." What? Why is it so hard to sign up for an account on their website or get an updated licensing agreement? Why doesn't this company have a website that operates properly? There doesn't seem to be any transparency. It appears that all they care about is getting paid. I feel like I've been scammed and I will not be doing business with them in the future. They will have to take me to court if they want any more money from me.

  

  Business response

  09/03/2024

  This is ASCAPs response to the Complaint submitted to the Better Business Bureau by ************************* (the Customer) concerning her ********************** license for the annual Main Street Latin Festival (the Festival) in ********, ***************  The Customers principal complaints are that (i) she has been unable to obtain a copy of her ASCAP license for the 2024 Festival; (ii) she has been unable to access her ASCAP account online; and (iii) she needs an explanation as to how her ASCAP license fee has been calculated.  
  
  As the Customer notes in her Complaint, an ********************** representative told her that she did not need a copy of a license for the 2024 Festival.  However, it appears that the ASCAP representative may not have explained to the Customer that the reason she did not need a copy of a license for the 2024 Festival is that the license agreement ********************** and the Customer executed in 2023 provides for automatic renewal for succeeding one-year renewal terms unless terminated by either party. In other words, the Customers license agreement executed last year covers not only the 2023 Festival, but also the ****************************** succeeding years as well.  ASCAPs Manager of **************** will be providing the Customer with another copy of her *************************** license agreement (the automatic renewal" language is in Section 5.1 of the agreement). 
  
  With respect to the Customers inability to access her ********************** account online, ********************** believes that the Customer may have been using the zip code for her address in *************************, rather than the zip code for the Festival which is presented in ********, ************** (the Festival address is the address on the Customers ********************** license and on her ********************** online account).  In any event, ASCAPs Manager of **************** will also be contacting the Customer to assist her in accessing her ********************** account and making any corrections that might be required.  He will also explain how the ASCAP license fee for the Festival has been calculated in accordance with the Rate Schedule that is incorporated in the Customers ********************** license agreement, and he will confirm for the Customer that her ********************** account is current to date.  
  
  ASCAP regrets that the Customers recent interactions with ********************** have not been satisfactory but wishes to assure her that ASCAP and its members value her support for music creators and will endeavor to better serve her needs in the future.    
  
  

• Initial Complaint

  07/09/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I have been contacted relentlessly by this business, BMI and SESAC in regards to potential copyright infringement. Not only have they misrepresented the hours of our business, neglected to understand we are seasonal, and maintain a commercial contract with ******* which allows our use of the radio during our open hours, they continue to threaten me on a daily basis with fines/fees/shutdowns though I have done everything to the letter of the law. I pay ALL of my bills when'/f justified when they are received via **** on paper and under the review of my attorney and accountant. This is unwarranted and can be reciprocated by legal action. It needs to be curbed NOW. This constant harassment has contributed to my ill-health and should be segwayed by the BBB before it escalates. I can send you voicemails and emails but no paperwork, as they don't work hard enough to run a printer to send me an actual bill, or update their records on the volume of business we actually operate or even that we have a commercial license to operate the radio. Heaven forbid I bake a cake in the kitchen and a bicyclist goes by and hears my radio. The musicians don't even see this money so why can these corporations get away with threatening people?

  

  Business response

  07/22/2024

  This is ASCAPs response to the Complaint submitted to the Better Business Bureau by ************************** (the Customer) concerning *********************** communications with her regarding use of copyrighted music to entertain customers of her business, the Home Range Winery in ******, *********
  

  ASCAP -- the American Society of Composers, Authors and Publishers -- is a voluntary membership association of more than one million composers, songwriters and music publishers.  On behalf of its members, ASCAP licenses thousands of businesses throughout ***************** that use ASCAP's members copyrighted musical works to entertain their customers and patrons.   Although authorization to use copyrighted music by businesses like the Customers is required by a federal statute, the **** Copyright Law, the statute is not self-enforcing.  Therefore, licensing organizations like ASCAP must identify and offer licenses to those businesses so that they can lawfully use copyrighted music.    
  
  Turning to the substance of the Complaint, the Customer complains that ********************** and two other licensing organizations, BMI and SESAC . . . have misrepresented the hours of our business, neglected to understand we are seasonal, and maintain a commercial contract with ******* which allows our use of the radio during our open hours .. .  There is no  basis for that complaint as far as ASCAP is concerned. 
  
  ASCAP licensing representatives began contacting the Customer in August 2023 because, according to postings on social media, she offers live music at the Home Range Winery.  As recently as on July 8, 2024, the businesss ******** page listed more than 20 dates in July and August when musicians were scheduled to perform at the Home Range Winery.  Also, the license ********************** has offered the Customer takes into account the seasonal aspect of her use of music.  Finally, if the Customer employs the ******* For Business music service, no additional fee is required as that service includes permission for its subscribers to use ASCAP members music. 
  
  Although it was entirely appropriate that, in the past, ASCAP communicated with the Customer in writing and by telephone, ********************** representatives will no longer attempt to do so.  The Customer should be aware,however, that if the musicians she employs to entertain her customers perform copyrighted music in the ********************** repertory without permission obtained either by license from ********************** or directly from ASCAPs members, she will be at risk of violating the rights of the copyright owners and may be sued for copyright infringement.  Information as to whether specific musical works are in the ASCAP repertory is available from the ASCAP website, www.ascap.com/repertory.   And, of course, the Customer can also apply online for an ********************** license at *******************************************  

  Customer response

  08/22/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  The question still remains as why I have to pay 3 separate entities for the same licensing.  That is asinine, oxymoronicjust plain and simply moronic.

  We are a teeny tiny business.  I dont know why I cant get a set of guidelines on how these three multi billion dollar corporations can all attack my little business.  First they need to explain exactly how the money gets returned to the artist.  I dont care about infringement on lyrics but our artists dont just perform a song, they make it their own.  Go after some strip club or bar or karaoke.  We are working with the industry and providing jobswhat has any of the three licensing companies done for anyone?

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

  
  Sincerely,
  
  *************************
  
  
  
  
   
  

  

  Business response

  08/26/2024

  This is ASCAPs response to the complainants additional concerns regarding her complaint initially filed with the Better Business Bureau on July 9, 2024. 

  As background, the complainant initially complained about ASCAPs efforts to license the complainants business so that she would be able to perform lawfully copyrighted music written and owned by ASCAP composer, songwriter and music publisher members.  In its response to that complaint, ASCAP explained that ASCAP had sought to license the complainants business because the **** Copyright Law requires businesses that use copyrighted music to entertain their patrons and customers obtain permission to do so; described what music provided by the complainant for her customers would be covered by an ********************** license; advised that ********************** representatives would no longer contact the complainant; and cautioned the complainant that if she continued to provide musical entertainment for her customers, she was at risk of being held liable for copyright infringement if she did not obtain permission to use copyrighted music.  Thus, ASCAP fully addressed the complainants initial complaint. 

  The complainants additional concerns involve not only ASCAP, but two other ****-based performing rights licensing organizations (PROs) -- presumably, Broadcast Music, **** (BMI) and SESAC.  The complainant questions why she should be licensed by all PROs.  The answer is simple: each PRO represents a myriad of different songwriters,  composers and music publishers, all of whom enjoy the protection afforded creators by a federal statute, the **** Copyright Law.  One provision of that law grants copyright owners exclusive rights in their music.  PROs exist to license and enforce the exclusive right of public performance.   Here is a link to a **** Copyright Office publication that describes in detail at pages ***** the right of public performance; how PROs fulfill their licensing and enforcement obligations to their members; and the interplay between the copyright laws and the antitrust laws that has resulted in multiple PROs conducting performing rights licensing in this country:

  ********************************************************************************************.

   The complainants other concerns are, first, her request for information as to how the money gets returned to the artist.  Set forth below is a link to a section on the ASCAP website that explains in great detail precisely how ASCAP goes about tracking literally trillions of musical performances so that it can distribute to its members more than 90 cents of every dollar ASCAP collects in license fees (in 2023, ********************** had available nearly $1.6 billion for royalty distributions to its members):

   *******************************************************************************;

   Second, the complainant apparently is misinformed as to what constitutes a licensable public performance of a copyrighted musical work.  It simply is not the case that when performing artists play and sings songs written by another music creator, the artists makes it their own. Performers do not enjoy copyright protection for their own unique version of a musical work created by another individual; rather, it is the creator whose original work is protected by copyright.  

  Lastly, PROs seek to license any businesses that use music to entertain their customers and patrons not only some strip club or bar or karaoke, but also large and small retail stores, restaurants, and businesses like the complainants. Moreover, the license fees ********************** charges its licensees likewise reflect the nature of its licensees business and the manner in which music is used.  This is confirmed by the fact that the annual ASCAP license fee for a business like the complainants is less than $2.50 a day.  By contrast, a large bar that uses music far more frequently than does the complainant might pay a license fee three to four times that amount.  
  

  ASCAP hopes that with this response to the complainants additional concerns, she will have a much better understanding of why it makes good sense both in terms of economics and the law to obtain an ASCAP license.  
  
  

   

• Initial Complaint

  05/14/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  ASCAP in its issuance of ISWC codes for copyrighted works continues to issue different ISWC codes for the same song. This practice interferes with our ability as publisher and copyright owner to track and collect rightful royalties. It is our belief that this is a willful practice by ASCAP denying minority companies correct and accurate compensation for their music.

  

  Business response

  05/23/2024

  This is ASCAPs response to the complaint filed with the Better Business Bureau by *********************************.  The complainant is a writer and publisher member of  ASCAP the American Society of Composers, Authors and Publishers and has granted ASCAP the right to license public performances of the complainants copyrighted musical compositions.  As a result, the complainant is entitled to be paid royalties for public performances of his music licensed by ASCAP.  The complainant complains that ASCAP in its issuance of **** codes for copyrighted works continues to issue different **** codes for the same song which he asserts is a willful practice that interferes with our ability to track and collect rightful royalties.  There is no basis for this complaint, for the reasons set forth below.
  
  In order for ASCAP members to be paid royalties by ASCAP for public performances of their copyrighted musical works, members must register their works with ASCAP.  For many years, members have had the ability to make such registrations online.  In recent calendar quarters, ASCAP has been receiving over ******* registrations each quarter.
  
  Assuming members properly fill out all required fields for online registration of their works,the new registrations are automatically routed to an independent service that,on behalf of ASCAP and many other music licensing organizations throughout the world, assigns to each newly registered work a unique ********************** Musical Work Code (commonly referred to as an **** code). The **** code facilitates identification of parties entitled to receive royalties for performances of the work in over 100 countries worldwide. The complainant is correct that several of the works in his catalog have multiple **** codes. But this is because someone has submitted multiple registrations for the same works, likely because there have been either new versions of the works created, or there have been new recordings of the works by different performers.  In any event, given the enormous number of registrations that ASCAP receives from its members, it would not be possible for ASCAP staff to check each new registration to be certain that it should not be assigned its own **** code. Rather, it is the responsibility of ASCAPs members to perform that task. 
  
  Notwithstanding that, for the reasons stated above,  ASCAP is not at fault for any instances in which the complainants catalog has multiple registrations of the same works with different **** codes, ASCAP is certainly willing to work with the complainant to eliminate any unnecessary registrations.  The complainant can download his catalog from ASCAPs online database accessible on the ASCAP website using ASCAP Repertory ******* **** those registrations that should be deleted and submit the ****ed up catalog to ASCAPs ******************** through an inquiry via his Member Access account.  Alternatively, he can simply submit an inquiry requesting that the ******************** perform that task, subject to his review.  For the future, the member and his publishing company should be certain that they are not submitting new registrations for existing works.  In that regard, they should follow the instructions pertaining to online work registrations when they are merely adding or changing information for works previously registered with ASCAP.  And finally, if the complainant or anyone registering works on his behalf needs any assistance, they should contact ASCAP's Global Member Services. 

  Customer response

  05/31/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  [The copyrighted works assigned different **** codes were submitted to ASCAP per their instructions with samewriter and publisher information only the record company differs. The submission to ASCAP may occur at a later date due to the fact that the copyrighted works of minority companies are often used without permission  or proper license being obtained. It is my understanding that regardless of new release date, artist, record label cover of the song the **** should not be changed. Further, ASCAP as the issuer of the **** codes should make sure that the **** is coded correctly. I will send a detailed list of my affected works to ASCAP again and follow up with the BBB to advise of action taken. 

   

   

   

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

  
  Sincerely,
  
  ************************************
  
  
  
  
   
  

  

  Business response

  06/19/2024

  This is ASCAPs response to the "Rejection" of ASCAP's response to the complaint filed with the Better Business Bureau by ASCAP writer member **********************************.  The member's "Rejection" raises again the same issue that ASCAP addressed in its response to his first complaint.  Specifically, the member again complains about the processes by which ********************** Musical Work (ISWC) codes are assigned to his musical works registered with ASCAP, and how corrections are to be made when there are multiple ISWC codes for the same work.  For the reasons set forth below, there is no basis for the members second complaint.

  
  In ASCAPs response to his earlier complaint, the member was advised as to why ASCAP is not involved in the initial process by which ISWC codes are assigned to newly registered works, and that the sheer volume of registrations ASCAP receives makes it impossible for ASCAP to verify that each newly assigned ISWC code does not apply to a work that had previously been given a different ISWC code.  Accordingly, ASCAP asked the member to provide ASCAP with the identity of the works for which he believes multiple ISWC codes have been assigned erroneously  so that ASCAP could update its records with respect to his works.  It is, of course, the member who has that information.  And, indeed, as he writes in his second complaint, I will send a detailed list of my affected works to ASCAP . . . He has yet to do so, but when he does submit that information, ASCAP will promptly update its records to eliminate any inappropriate duplicate work records.  In doing so and as specifically requested in the members second complaint . . . ASCAP . . . will make sure that the ISWC[s are] coded correctly.

  
  Further, the member can be assured that even if there are work registrations with multiple ISWC codes for the same work, ASCAP has a matching system that assures that once a new registration for a work that has previously been registered and received a ISWC code is received, the two work records are automatically linked if the essential data for both works is the same (interested parties and their respective percentage shares, for example).  The result is that when performances of the work are logged by ASCAPs surveys,  those performances will generate royalties for the member even if there are multiple registrations for the work with different ISWC codes.

  
  ASCAP looks forward to receiving the requested information from the member so that it can eliminate any duplicate registrations of his works.  He should submit that information as a Message through ASCAPs Member Access online portal, using  the Message: Category: My Catalog, Topic: Title Registration Question. For the future, to add recording or performer information to a work without the need for an additional registration, the member can do so by submitting this Message: Category: My Catalog, Topic: Work Record - Update Other Details.  
  

  
  

  Customer response

  06/22/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  [I have not received any notice of correction of ISWC that differs for the same work used by a different Record Label. In fact I have not received any direct response from ASCAP and I continue to find other works that differentiate in this manner and certainly impacts royalty payments.

   

   

   

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

  
  Sincerely,
  
  ************************************
  
  
  
  
   
  

• Initial Complaint

  11/10/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  ASCAP is one of the three large music licensing agencies. I am filing this complaint on behalf of my business which is a restaurant that must obtain licenses from these agencies. The business currently is up to date on licensing from the other two agencies (BMI, SESAC). We have an auto-renewing music licensing contract with ASCAP dating from October of 2021. The initial cost of the license was $402. ********************** has been sending me letters requesting payment of $1371.93 for licensing in years 2022/2023. Because of the jump in price which does not appear to match the pricing in the contract, I have requested an itemization and explanation for the change in fees. I have emailed an ASCAP representative directly 3 times with no response to my questions. I have emailed their general email address ****************************** 3 times and received no response. I have called twice, in both instances being told to email ****************************** with my questions. The representatives who answer when called say they are not able to provide pricing or contract information. I will note that I have been nothing but polite throughout this process. I am only trying to understand why/how the pricing structure in my contract could have changed.A few things to note about the contract:1) The specific pricing structure for various types of licenses is in our contract.2) The contract auto-renews but there is not provision for ASCAP to change/adjust the terms or pricing of the contract.3) It is not possible to locate the current fees ASCAP assess to licensees via their website (I believe this was possible in 2021) and evidently, as noted above, they will not communicate specifically what fees they assess (cost of types of licensing) other than in submitting a lumped payment request (ie. a bill).

  

  Business response

  11/21/2023

  This is ASCAPs response to the Complaint filed with the Better Business Bureau by *****************************, the owner of *******, a restaurant in *********, **********.

  As noted in the Complaint, ******* has been licensed by ASCAP to perform publicly copyrighted musical works created and owned by ASCAPs nearly ******* composer, songwriter and music publisher members.  The principal complaint is that ASCAP has not explained the reason for increases in the annual ASCAP license fee for *******. Based on documents in ASCAPs electronic file on the restaurant, that simply is incorrect. 
  The Complainant obtained his ASCAP license online for an initial one-year term commencing October 15, 2021. At the time, the license fee rate was $402.00 per year, based on rated Occupancy of 47, live music three nights per week or less and an admission charge.  Subsequently, an ASCAP representative learned that ******* was also providing musical entertainment in the form of karaoke.  As a result, a letter was sent to the Complainant on November 15, 2022, advising that the use of karaoke required an increase in the annual license fee to $609.12 for the renewal term, October 15, 2022 October 14, 2023.  The letter was accompanied by a detailed Statement of Operating Policy listing the factors on which the increased rate was based.  Subsequently,an ASCAP representative sent the Complainant an email on July 6, 2023, advising that the adjustment to *******s annual license fee based on enhancements and mechanical music karaoke, trivia and bingo was as correct. 

  Most recently, the Complainant sent an email to ASCAP on October 16, 2023, advising of yet another change in ********************** policy the restaurant no longer charges admission when live entertainment is presented.  Therefore, on November 17,2023, an ASCAP representative told the Complainant that this would result in a reduction in the annual license fee, to $539.09 per year.  Accordingly, as the Complainant has thus far paid only his license fee for the initial license term, the amount of license fees plus late payment charges currently owed for ******* is $1,275.53.  
  The Complainant also asserts that his ASCAP license does not provide for adjustment of license fees. The Complainant is mistaken. Section 6.3 of the *******s ASCAP license agreement expressly states that In the event of any change to Licensees Operating Policy, ASCAP reserves the right to make adjustments to the Fees as required, upon notice to Licensee.  As noted above, ASCAP fulfilled its obligation to provide such notice to the Complainant. 

  As for the Complainants assertion that [i]t is not possible to locate the current fees ASCAP assess[es] to licensees via their website, that, too, is incorrect.  Here is the link to the page of the ASCAP website where the current license fee rates for many types of licenses, including restaurants, can be found:  ****************************************************************

  Lastly, the invoices that the Complainant has received for license fees owed for ******* show the dates of all transactions and explain the nature of each charge or credit not just a lumped payment request, as stated in the Complaint. 

  As noted above, ASCAP has just recently adjusted downward the annual license fee rate for ******* based on its current entertainment policy.  Accordingly, ASCAP believes that this should resolve the matter to the Complainants satisfaction and,therefore, he should pay promptly all past-due license fees so that he may continue to perform lawfully ASCAP's members' music at his restaurant.

  Customer response

  12/07/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  [Your Answer Here]

  Regarding karaoke, the fee for karaoke is very clearly stated in schedule A of the contract as "DJ/Karaoke $0.00."  I attach the contract again here. 

  When I asked the ASCAP representative (twice via email) to break down the fees they sought to charge me, she did not respond.  In fact, I have asked ASCAP here through the BBB to provide those details and was directed to **************************************************************** which I had previously visited several occasions in an attempt to understand their fees.  I attach the results of that web page here, it is the "Invoice/Statement of Account as of: 11/29/2023."  As I stated previously in my complaint, this invoice is a lump-sum statement where my original licensing fee presented as a lumped sum (not itemized) has mysteriously jumped from $402/year to $427, there is a line item "Lic Fee Adj ***** at $182.12, which I suppose I am now expected to assume is the karaoke fee (although it should be $0 per the contract).

  My primary concern is that ASCAP is authoring auto-renew contracts with fees that are apparently a moving target.  When asked to itemize fees, 4 times I received no response.  It is only after I have posted a BBB that ASCAP has 1) responded at all to my questions, 2) addressed my request to remove the cover charge fee.  I have not declined to pay our ASCAP licensing fees, but I cannot audit what we are paying using our current contract and apparently ASCAP will not share the details of their licensing fees.
  

   

   

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

  
  Sincerely,
  
  *****************************
  
  
  
  
   
  

  

  Business response

  12/20/2023

  This is ASCAP's response to the Complainant's rejection of ASCAP's response to his Complaint.

  ASCAP believes that both its response to the Complaint, as well as the documents it previously provided to the Complainant to address his questions concerning his ASCAP account and the applicable license fees for his ********************** license, adequately and appropriately explained the charges on the account and the manner in which the license fees have been calculated.  Nevertheless, a senior ASCAP licensing representative has now sent the Complainant additional documentation and his contact information so that if the Complainant still has questions concerning his ASCAP account and license fees, he can call and the ********************** representative will be able to answer the questions.  Accordingly, ASCAP believes that this satisfactorily resolves the Complaint. 

• Initial Complaint

  09/22/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  They keep telling me I cannot end my membership with them. I paid for one year and we are no longer doing any live music and all of our background music is through a licensed jukebox vendor. They are trying to say that we need their license to do trivia nights, which is me standing with a microphone and asking what the capital of ********* is. Im severely disgusted that they think I need to pay an outrageous fee to ask public knowledge questions and play a game with our customers. Who receives the royalties on that?? ************************ descendants?? I have repeatedly told them I am not renewing and yes! They do too threaten & harass people as Ive seen mentioned in other complaints!! They do, and they wont take no for an answer. I just want them to leave me alone!!!

  

  Business response

  09/29/2023

  This is ASCAPs response to the Customer Complaint filed with the ********************** by ***********************, (Customer), the owner of Rouxs Roadhouse **********************************  At its core, the Customers Complaint is that ASCAP is wrongfully insisting that the Customer abide by the terms and conditions of her ASCAP license agreement. For the reasons set forth below, there is no basis for the Customer Complaint. 
  
  As background, ASCAP -- the American Society of Composers, Authors and Publishers -- is a voluntary membership association of more than ******* composers, songwriters and music publishers.  ASCAP's members have authorized ASCAP to license public performances of literally millions of their copyrighted musical works in accordance with a federal statute, the ****Copyright Law.  Under that statute,Congress has granted certain rights to those who create and own copyrighted musical works, including the right to be compensated for public performances of such works.  The statute is not self-enforcing, however, and so organizations like ASCAP exist to ensure that their members and affiliates are properly compensated for the use of their music by licensing hundreds of thousands of businesses and venues where musical entertainment is presented for the entertainment of the general public.  Operating on a not-for-profit basis, ASCAP distributes to its members as royalties better than *************************************** license fees.
  
  Turning to the Customer Complaint, the Customer and ********************** entered into a license agreement for Rouxs for a term beginning July 1, 2022, and the Customer paid a license fee for the initial twelve-month license term.  By its express terms, Rouxs license renewed automatically for the succeeding twelve months beginning July 1, 2023 and, accordingly, the Customer was billed for license fees for the first renewal term as provided by the terms of the license agreement.  Because the Customer failed to pay the license fees billed for the renewal license term, an ********************** representative sent the Customer an email on September 13, 2023, requesting payment of the overdue license fees. 
  
  The Customer responded to *********************** email request for payment the next day, writing that: We are no longer hiring bands and wont be anymore so we are not getting the license again. I have one thing scheduled for the rest of this year that I may yet cancel. It is not cost effective for us, as we lose money on having any live music.  Thx!!
  
  In reply to the Customers email, ASCAPs representative sent the Customer an email on September 18, 2023, pointing out that the Customers ASCAP license covered musical entertainment other than live music, such as DJ, karaoke,trivia/music bingo and TV broadcasts. The ASCAP representatives email also included (i) a revised invoice for license fees reflecting a significant reduction in the annual fee to account for the Customers stated intention to discontinue live music at Rouxs; and (ii) a Statement of Operating Policy so that the Customer could note any other changes that might affect the license fee for the renewal term.  The Customer responded the same day, writing I am not renewing because I dont have the money, so I will not be sending you anything so thats the end of it.
  
  Under the express terms of the Customers ASCAP license, to effect termination of the license,the licensee is required to give written notice of termination at least 30 days prior to the expiration of the Initial Term (or any Renewal Term, as applicable . . .  Accordingly, the Customers email advising that she is not renewing is effectively a notice of termination of Rouxs ASCAP license as of June 30, ****. 
  
  Notwithstanding the June 30, **** termination date for Rouxs ASCAP license, if the Customer certifies in writing that she is ceasing all musical entertainment (other than that provided by a commercial background/foreground music service licensed by ASCAP), then, after 30 days ASCAP will cease billing the Customer for prospective license fees for the period ending June 30, ****, as specifically provided for by the Licensees Operating Policy provision of the ASCAP license agreement (Section 6.3).   The Customer would still owe license fees for the period July1, 2023 through the end billing date, however.  But this is appropriate, both in accordance with the terms of Rouxs ASCAP license, and as a practical matter.  According to Rouxs postings on ******** (since deleted), there was live music played there on September 7 and 9,2023, and DJs and/or ********************* was advertised for September 3, 16,22 and 24, 2023.  Notably, had Rouxs not been licensed by ASCAP for these performances, and had any unlicensed performances of ASCAPs members music been performed, the Customer would have been at risk of being held liable for copyright infringement and exposed to potential monetary damages in an amount many times greater than Rouxs ASCAP license fees.   
  
  Finally, there is no basis for the Customers disparaging comments about ASCAP.  The current annual ASCAP license fee for Rouxs is less than a dollar a day hardly an outrageous amount.  Certainly, if none of the questions posed during the Customers trivia nights involve the playing of copyrighted music,no performing rights licenses would be required.  Nor can ASCAPs efforts to ensure compliance with a lawful contract in order that its members be properly compensated for the use of their music be considered in any way threatening or harassing.  For all of the reasons set forth above, ASCAP believes there is no basis for the Complaint.     
  

• Initial Complaint

  09/06/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  ON 9/6/2023 COMPANY ************************* **** I AM THE MONEY (DBA) AS SELF-SUBSISTENT-PUBLISHING, CALLED ABOUT ARTIST JOEDOWELL1029 AND OUR PUBLISHING AND SERVICE WE PAID FOR. THEY COULD NOT GIVE **************** ABOUT THEIR WEBSITE NOR THE SERVICE FOR WRITER ********************************* AND OUR PUBLISHING SELF-SUBSISTENT-PUBLISHING. THEY (****, ******) DENIED US THE INFORMATION ABOUT OUR PURCHASES. AND ASKED ME TO DO THE WORK FOR THEM. ALSO WE SUSPECT MONEY LAUNDRY USING OUR ACCOUNT

  

  Business response

  09/26/2023

  This is ASCAPs response to the complaint filed with the Better Business Bureau by **********************************  The complainant is a writer and publisher member of  ASCAP the American Society of Composers, Authors and Publishers and has granted ASCAP the right to license public performances of the complainants copyrighted musical compositions. As a result, the complainant is *********** be paid royalties for public performances of his music licensed by ASCAP.  Although the complainant asserts that he called ASCAP and ASCAP failed to give correct services about their website, it is evident that the essence of the complaint is that ASCAP has not properly paid the complainant royalties attributable to performances of his music licensed by ASCAP.  There is no basis for this complaint, for the reasons set forth below.
  
  ASCAP determines royalties to be paid to its members by conducting scientifically designed surveys of public performances of music in a myriad of settings, including radio and television broadcasts; in venues like bars and restaurants, hotels, concert halls and retail stores; and over the Internet via digital music services.  These surveys encompass literally trillions of performances annually.  Employing publicly available rules and formulas, ASCAP converts the performance data into royalties payable to the members for the performances of their music detected by the surveys.  
  
  According to ASCAPs records, beginning on August 25, 2023, the complainant submitted a series of inquiries to ASCAP concerning royalties for his song entitled On It.  In response to the complainants inquiries, ASCAP staff informed him that ASCAP had no record of performances of the song.  They also explained to him the information ASCAP needed in order to research its records to confirm that there had indeed been no surveyed performances of On It, including whatever information the complaint had as to actual performances of the song, such as where the song had been performed and when the performances first occurred.  In his response received on September 6, 2023, the complainant wrote that we have over ******* plus streams on Soundcloud . . ., but he did not say when the Soundcloud performances had first occurred.  Nevertheless, ASCAP has reviewed its survey data received from Soundcloud and has not seen any reported performances of On It.  Moreover, a search of the Soundcloud website for recordings of the complainants songs discloses that On It is not among the more than 40 songs listed, and none of the 40 songs has had as many as 250 streams.  
  
  Notwithstanding the facts as stated above, if the complainant is able to demonstrate that there have been performances of On Iton Soundcloud or anywhere else -- ASCAP will conduct further research to determine whether the complainant is *********** receive royalties for such performances.

• Initial Complaint

  08/02/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  First off they are extremely rude, threatening, and unprofessional. I am trying to close my account with them as I no longer need their license. I have called and emailed and they are still sending bills for this year. I do not intend to pay as I have stated to them multiple times that we are no longer needing their service.

  

  Business response

  08/15/2023

  This is ASCAPs response to the Complaint filed with the Better Business Bureau by ***************************, the operator of ************* in ***********, ********.

   

  As noted in the Complaint, ************* has been licensed by ASCAP to perform publicly copyrighted musical works created and owned by ASCAPs more than ******* composer, songwriter and music publisher members.  Initially, the Complaint alleges that ASCAPs staff is extremely rude, threatening and unprofessional.  However, the Complaint provides no details as to when the Complainant experienced such conduct, or the identity of the ASCAP representative(s) involved.  Without such details, it is impossible for ASCAP to respond to the allegation.  Moreover, according to ASCAPs records, there has been only one recent telephone call between the Complainant and an ASCAP representative, on March 1, 2023, during which the ASCAP representative answered a number of the Complainants questions concerning his ASCAP license, following which the Complainant paid past-due license fees.  It should also be noted that ASCAP holds its licensing representatives to a very high standard of professionalism in their contacts with ASCAP licensees as set forth in a written Code of Conduct that is strictly enforced.  

   

  The Complaint also refers to the Complainants efforts to close his ASCAP account as I no longer need their license.  The Complainant sent ********************** an email on July 14, 2023, advising of his desire to terminate his ASCAP license.  However, the notice of termination was untimely.  This is because Alley On Mains ASCAP license agreement requires that a notice of termination be sent at least thirty days before the licenses anniversary date.  As the Alley On Mains license was for an initial term of one year commencing July 15, 2021, which renewed automatically for another year each subsequent July 15, a notice of termination would have had to have been dated on or before June 15, 2023, in order to terminate Alley On Mains ASCAP license effective July 15, 2023.  

   

  Despite the foregoing, because the Complainant also indicated in his July 14, 2023, email that he would no longer be using live music and was closing the business, ASCAP is treating the Complainants July 14 email as notice of discontinuance of use of music under Paragraph 4(d) of the ASCAP license agreement.  Accordingly, ********************** is noting its records that Alley On Mains license is terminated effective August 15, 2023, and ASCAP also will not seek payment of license fees for the period July 15 August 14, 2023.  This should resolve this matter to the Complainants satisfaction.   The Complainant should be aware, however, that if he does not close ************* and resumes the use of live music, any performances of ASCAPs members music without permission obtained either by license from ********************** or directly from the members may expose the Complainant to claims of copyright infringement. 
  

  
  

• Initial Complaint

  04/14/2023

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  Wont let me close account in addition they keep sending me mail Member ID *********

  

  Business response

  04/25/2023

  This is ASCAP's response to the complaint filed with the ******** Better Business Bureau by a member of ASCAP, ********************* ("Complainant").  The principal aspect of the complaint is that ASCAP will not agree to "close" the Complainant's account.  In fact,  ASCAP staff have indicated to the Complainant that he cannot resign from ASCAP membership while certain issues remain unresolved.  The matter has been referred to senior management for review and a senior staff member will very shortly be addressing the unresolved issues directly with the member.   

   

  Customer response

  05/01/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me and the matter has been resolved.
  
  Sincerely,
  
  *********************
  
  
  
   
  
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩