Mistaken Identification & ASCAP Methods

I recently had an experience that both angered me and started me thinking about how one organization does business.  As a musician I try to keep an active performance schedule.  First and most, I enjoy playing music.  I also feel it makes me a better teacher, as well as giving me a great deal of validity with my students.  Plus, I need the work (since teaching pays so well). 

I began booking gigs for the upcoming summer.  I happen to be at a place that I have played several times a year for the past few years.  When asked about booking dates, the owner of this establishment informed me that, until just recently, he had no intention of booking me again and was actually angry with me.  That was until he did some research and investigating and cleared things up.  So naturally, I asked what happened.

The owner of this establishment received a letter of warning that he was to pay his ASCAP (American Society of Composers, Artists and Publishers) fees if he continues to have live music at his place of business.  ASCAP fees can run up to a couple of thousand dollars per year, depending on the place of business.  Now, for many small businesses this is a great deal of money, so some will do away with the live music and others will take there chances on being caught and fined.  Fines can run into the thousands and even jail time.

ASCAP sends people out all over the country in search of violators.  They pose as customers and then report back with their findings.  In this case, the owner did a little research to find out who this person was and when he was told the name, he was bewildered and angry...with me.  The person who reported him was Mark Irvin!  Yep, that's right, the same name as ME!  Fortunately someone convinced the owner to look into it further and found out this Mark Irvin was from Tennessee.

This whole process is somewhat of a 'catch-22' for me.  On one hand, being a songwriter and recording artist, I really appreciate the help and support for artists' rights provided by organizations such as ASCAP and BMI.

On the other hand, I have to question ASCAP's methods for seeking out violators.  In this case it not only came close to me losing a job, but much worse, me losing my reputation and good standings in my community and even throughout the Midwest.   If this would not have been straightened out, word of such things can spread quickly through similar venues as well as the music community.

I am not sure what the answers are.  The copyright laws can be very confusing and overwhelming.  The more I study them, the more confused and frustrated I become.