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ARTICLE 13
ASCAP, BMI, SESAC, - THE WHOLE SCAM AND HOW IT WORKS!

BMI - Broadcast Music, Incorporated
Guard Dog now raids the Chicken Coop!
Joins ASCAP in Multi-Billion Dollar Thievery & Extortion Scam!

The Chicken Coop = Songwriters and Publishers. Both too small and with too limited resources to track and collect from those who use their created and/or copyrighted materials for profit. In this instance - Songwriter's and Publisher's music - being used by broadcasters, live music nightclubs and other such concert venues where music is a part of the draw for profit. The entire licensing situation is much more complex than this, but I'm showing an example, not teaching credits for a Ph.D. in Entertainment. However, if you want a Ph.D. in being shafted then kiss the ass of the lying thieving bastards at ASCAP, BMI or SESAC!

The Guard Dog = Those organizations created to represent Songwriters and Publishers 'for a small fee' (there's no typeface or font that can put that statement in enough contempt!), to license users, collect and disburse the royalties 'fairly' (or that one either!). The big three are ASCAP, BMI and SESAC. Now that we know what the game is supposed to be, let's set the historical stage and expose what the game has become.

Back in 1940 ASCAP's (American Society of Composers, Authors and Publishers) abuse - Clique Paying, Price Fixing and other 'honest' endeavors of such Court-protected thieves - began to wear thin on the Broadcasters. Most radio stations at that time were single company business ventures although Networks were in existence. ASCAP's extortion policies began to put a real economic crimp into those Broadcasters, large and small alike, so the fun began. They first just flatly refused to play anything that wasn't Public Domain and told ASCAP to go straight to hell. Their actions created what was called "The Jeannie With The Light Brown Hair era" named after one of Stephen Foster's most popular songs.

ASCAP began in 1909, then formally organized in 1914, because the Music Publishers made fortunes while the songwriters, such as Stephen Foster literally starved to death! But since bastards will be bastards, ASCAP's eventual antics were no less out-right thievery (then and now) than the uncontrolled Publishers had been.

Then came SESAC, in 1930, reputedly the "Society of European Stage Authors and Composers", although I was told directly by SESAC that SESAC stood for SESAC and there was no such namesake about it. Primarily instituted to fleece GOSPEL music writers and publishers that ASCAP let fall through the cracks, they saw the greener fields of country - then called 'hillbilly' - and Black music as far more lucrative.

They certainly were not - and still ARE NOT - any improvement over ASCAP or the later version of self-appointed thieves to enter the fray: Broadcast Music, Incorporated, better known as BMI. More about BMI as we go.

Then in 1940, enter BMI to counter the damned thieveries of ASCAP and SESAC!

The major amount of license money at this stage of the game was (and still is) from Public Performance via broadcasters who use music to lure customers to hear commercials - where they make virtually all their income. It's called "Public Performance for Profit" and although any venue that uses music for profit - nightclubs, etceteras - the determination of 'use' is broadcast 'surveys' and only those 'surveys' conducted by the damned thieves at ASCAP, BMI and SESAC!

Now understand that: ALL PUBLIC PERFORMANCE ROYALTIES ARE DETERMINED BY RADIO/TV AIRPLAY! What you sing/hear in a nightclub, or a Concert Stage, is paid for by 'license' ("extortion" is a far better term!) just like the radio stations - but doesn't credit one god-damned penny to either the songwriters or the publishers!

And here's the Court-Approved scam: The lying thieving bastards only MONITOR THOSE BROADCASTERS WHO AIR THEIR ELITE CLIQUE's MUSIC! That's why and how the vast majority of YOUR MONEY is paid to a very Elite Few! To be sure, ASCAP, BMI and SESAC scatter pennies to their respective Pittance elements, as I'll clearly document below. But it's only a paint job to disguise the real scam!

The issue was, and still is, that because ASCAP deliberately collected license fees on behalf of Black, Country and other Artists they considered to be non-entities, these same Black, Country and other Artists were never paid a damned thing simply because they were not in the ASCAP Kak-Clique! Because SESAC has long-shown they were no improvement, it was hoped that BMI would correct these injustices and restore some fairness to the Public Performance licensing game. In fact, all that happened was: ANOTHER CHANGE OF THIEVES!

I came on the scene in 1936, and as a child endured the perpetual repeats of the few Public Domain selections available to broadcasters - the "Jeanie With The Light Brown Hair era" - until BMI managed to formulate and gather a catalog. ASCAP then finally made a few concessions, all duly endorsed by the thoroughly corrupt United States District Court, Southern District of New York to whom they would be thrown en'toto in later years. In short, the thieves at ASCAP joined forces with the Thieves in Black Robes and their combined firepower (ASCAP-money and Government-oppression) kept many quiet who would have otherwise spoken out! Their only real problem is that I'm not afraid of the god-damned government - Court or otherwise! Such corrupt government and court antics have become so rampant, that if it isn't time to overthrow the socialist bastards and restore the Constitution and Justice, it's damned sure time to begin open and public consideration of doing so!

Once BMI began to gain membership and catalog, primarily from the Black and Country Music communities, none of whom were in the ASCAP Pay Clique, BMI's disdain for all those ASCAP Refugees became as ruthless as ASCAP always had been! Don't think so? Then ask the lying bastards "WHEN" they started paying Black, Country, etceteras, THE SAME RATE THEY PAID THE ASCAP KAK-CLIQUE? You'll find that it was many years after BMI's formation and ASCAP didn't relent until the mid-1960's! The mealy-mouth excuse that they "improved distribution" does not erase the previous outright damned thieveries anymore than a bank robber giving the money back excuses Federal Bank Robbery criminal charges! Of course, it did with these bastards because they were all duly cloaked behind the Black Robes of that perpetually corrupt United States District Court, Southern District of New York!

The scam spreads and the courts get more corrupt!

Because BMI can and does act on the Court Precedents established by ASCAP, and vice versa, anyone who doesn't have sufficient money to buy the Justices of said United States District Court, Southern District of New York - and any other Federal District Court where a case may be moved - is beat before the case is ever called to trial. Whether the suit is against ASCAP, BMI or SESAC, doesn't matter. The case was decided long ago on some golf course, fishing trip or vacation bacchanal, and it was decided AGAINST YOU! All the antics in the court room are just so much public-show poppycock, staged for those stupid enough to believe it is anything else.

And if you don't think so: TRY IT! Sue the bastards and see how far you get. The stage is already set and courts are already in the other camp. Neither ASCAP, BMI nor SESAC can be taken into any court that will require them to deliver copies of their Payment Records for discovery! If any of the lying thieving bastards sue YOU, you'll have to present everything from multiple samples of your eyebrow dandruff to your Great-Grand Mother's gene test! And then you'll have to accept, without question, those same lying thieving bastard's decisions against you as final, irrevocable and without appeal! And that includes the choice of WHO gets to hear your complaint, if anyone!

A prime example is the recent SIGN AWAY YOUR RIGHT TO PROTEST - OR GET THROWN OUT scenario enacted by ASCAP during their 'renewal of membership contracts' of late 1995-early 1996. In short, if you didn't 'approve' the changes that welded ASCAP's decisions - about who and how much royalties to be paid them - in steel, TO WIT: their decision being final and without appeal; YOUR MEMBERSHIP WAS REFUSED! Such terms would be ILLEGAL in any other contract. So what did that god-damned corrupt United States District Court, Southern District of New York, do about it? ABSOLUTELY NOTHING except give it their utmost force of law!

The scam took the form or "Membership Extension Agreement" whereby anyone who does not fully agree to the 'new terms' simply will not be permitted to remain a Member of ASCAP. As with all such KAK-GENERATED scams, the Devil is in the Details. Those 'new terms' are, and I quote (copied verbatim from the ASCAP document):

With respect to the membership agreement ("the Agreement") entered into between us (hereinafter "Owner" and "Society" respectively) for periods through December 31, 1995, Owner and Society hereby agree to extend the Agreement for all purposes for a further period commencing January 1, 1996, subject to the following:

1. Paragraph 2 of the Agreement is hereby amended to read as follows: "2. The term of this Agreement shall be for a period commencing on the date hereof and continuing indefinitely thereafter unless terminated by either party in accordance with the Articles of Association."

2. The final clause of Paragraph 7 of the Agreement is hereby amended to read as follows: "7.... in accordance with the system of apportionment and distribution of royalties as determined by the Board of Directors in accordance with the Articles of Association as they may be amended from time to time."

3. Paragraph 8 of the Agreement is hereby amended to read as follows: "8. The Owner agrees that the apportionment and distribution of royalties as determined from time to time by the Board of Directors of the Society, in case of appeal by him, shall be final, conclusive and binding upon him.

--- The Society shall have the right to transfer the right of review of any apportionment and distribution of royalties from the Board of Directors to any other agency or instrumentality that in its discretion and good judgment it deems best adapted to assuring to the Society's membership a just, fair, equitable and accurate apportionment and distribution of royalties.

--- The Society shall have the right to adopt from time to time such systems, means, methods and formulae for the establishment of a member's apportionment and distribution of royalties as will assure a fair, just and equitable distribution of royalties among the membership."

And believe it or not - that god-damned corrupt United States District Court, Southern District Court of New York APPROVED IT - LOCK, STOCK AND KAK-SOCIALIST-BASTARDS!

Now that BMI has that pretty puppy to ride on, they can, and will, shaft everybody in sight with that same Court Precedent! ASCAP, BMI and SESAC funnel the lion's share of income into their respective PAY cliques, sprinkle a few pennies among their PITTANCE cliques, and legally rob everybody else! If any victim wants to protest - the lying thieving bastards at ASCAP, BMI and SESAC have the sole and exclusive authority to determine who gets to hear the complaint, IF ANYBODY! Now that BMI has ASCAP's duly documented illegal and unjust extortion clause in their membership contract, their feeding frenzy on those in the NO-PAY cliques will increase in quantum leaps. And if past conduct is any indication, here's what to expect, and a few points you can check for yourself. And please pay close attention to that "fair, just and equitable distribution of royalties" statement above.

In April, 1993, I released a series of songs by SABRINA PIKE, CHYLON and YOUNG COUNTRY! Both SABRINA and CHYLON hit the Top-50 the last week of May, 1993 - and were never out of the Top-50 for the next THREE YEARS!

Now comes the cold hard fact of outright thievery by BMI deliberately directed toward GENERAL BOBBY FARRELL! I just as deliberately tricked the lying thieving bastards!

I cleared all the music in YOUNG COUNTRY's album through Bobby Farrell International Music Publishing Company (BMI), with follow-up clearances by Johnny Winnett and Tom Lee - who are YOUNG COUNTRY - and deliberately let SABRINA PIKE clear her own music without listing me as the publisher!

SABRINA PIKE's "Talk To Me" stayed Number One in GSCMA's Hot-100 with YOUNG COUNTRY's "Sue, She Knows What I Like" at Number Two for a solid NINE MONTHS! Then they changed places with YOUNG COUNTRY holding Number One for the next TEN MONTHS with SABRINA staying at Number Two! That's a long haul for any release in the book.

BMI's payment record? A measly TEN DOLLARS for SABRINA at 200% (both composition and publishing) and neither YOUNG COUNTRY nor BOBBY FARRELL MUSIC ever received one god-damned penny for any of the other music! And the only difference was that SABRINA PIKE's songs were NOT cleared via BOBBY FARRELL INTERNATIONAL MUSIC and YOUNG COUNTRY's were!

CHYLON? She remained in the Hot-100 with her "All The World Loves A Lover" and "A Tell Her You Love Her" - both through FIREDRAGON (ASCAP) and not one god-damned penny out of them either!

The excuse? From both ASCAP and BMI - "NO SURVEYED PERFORMANCES!"

Three solid years in the Top-50 - a year and a half at Number One - hundreds of Radio and Satellite Reports certainly guarantees "non-existent PERFORMANCES!" When we proved massive performances, we heard the inevitable "that song wasn't cleared!" And so the scam continues.

Understand that! The only real differences between the damned liars and thieves at ASCAP. and the damned liars and thieves at BMI, and the damned liars and thieves at SESAC, are the telephone numbers, addresses and membership/victims list! You could have THE ORIGINAL SOUNDTRACK OF THE SECOND COMING OF CHRIST, the Attending Angels singing backup, Elijah on the Front, Moses doing Promotion, and a confirmed date, and not collect one god-damned penny unless you're in one of the respective PAY or PITTANCE cliques! It wouldn't matter if the only other sound on broadcast were Harp Interludes, and you could own them too! With that no-recourse extortion clause in the membership/victim contracts all duly legalized by the corrupt bastards in Black Robes on the bench of the United States District Court, Southern District of New York, any decision by the equally corrupt lying thieving bastards at ASCAP, BMI and SESAC is final and without appeal!

That's right! Unless the lying thieving bastards 'permit you to be logged as having been monitored', YOU HAVEN'T BEEN MONITORED! AND YOU DAMNED WELL WILL NOT BE PAID! The music above logged air all over the world - and only SABRINA PIKE, whom the lying thieving bastards at BMI didn't know was associated with me, - ever received even a pittance! If the lying thieving bastards claim your music "wasn't cleared," there's not a god-damned thing you can do about it. At least in a civilized manner. Their word is law, so saith the god-damned corrupt courts!

Needless to say, I'm about as popular with ASCAP, BMI, SESAC and those slimey bastards in Black Robes on the Bench as a pork chop at a Jewish wedding! And being of Jewish heritage myself, I can tell you on damned good authority, that's about as unpopular as it gets! If you contact any of the three, and mention my name, immediately after the defecation hemorrhage, they'll give you the damnedest run-a-round of a hundred thousand reasons why you shouldn't do business with BOBBY FARRELL or VANDOR MUSIC GROUP, which I no longer own.

Don't think so? Then ask the lying thieving bastards "WHAT IS THEIR PROBLEM WITH GENERAL BOBBY FARRELL?" And don't let them tell you they don't have one (or more!), because it's impossible for me to clear music with either ASCAP or BMI without it getting lost immediately. And I've been trying to affiliate with BMI as a writer since I left that bunch of damned thieves at ASCAP in 1977! TWENTY YEARS! Two full decades of perpetual stonewalling! The last (failed) attempt being in the final quarter of 2000. YES! I'll be more than happy to document! Once and AFTER this page became known to BMI, and I added their many email addresses to our communiques wherein they were mentioned, they DID finally get me the proper affiliation forms. But not until!

The truth is: GENERAL BOBBY FARRELL calls "a God-Damned Lying Thief" A GOD-DAMNED LYING THIEF, and that upsets the GOD-DAMNED LYING THIEVES AT ASCAP, BMI, SESAC AND THE UNITED STATES DISTRICT COURTS! Oh, yes. You may quote me!

If you decide to call any of the Thieving Three, especially for a recommendation of me, while you're at it there's something else you might want to ask the lying, thieving sons of bitches: "WHY CAN'T ANYBODY EXCEPT CLIQUE MEMBERS EVER GET AN ADVANCE ON ROYALTIES OR WIN ONE OF THEIR 'AWARDS'?"

When they tell you 'they don't give advances' - I'll clearly document they damned well do! IF YOU'RE IN THE "CLIQUE!"

When they tell you they do it 'fairly and honestly' - ask them "When and HOW MUCH did they ever award to BOBBY FARRELL?" Or any of his Songwriters or any of his Publishers or any of his Artists who write their own music?

The answer is: NOT A GOD-DAMNED PENNY! EVER! Not an advance - not an award! Not even a mention. When I applied to ASCAP because they had an 'award' for those whose music was being performed but were earning less than $15,000.00-Per-Year - I was told point-blank that I was the wrong color! If either ASCAP or BMI claims different: ask them for a copy of the check! There isn't any - and they damned well know it!

And they're absolutely right. I am the wrong color. It's called NOT YELLOW BELLIED!

Here are three links/articles you absolutely MUST read to get a full handle on the ASCAP, BMI, SESAC scandal ... make that SWINDLE ... and you'll probably have to use your BACK button to return:
http://www.musics.com/PRASE/Coup_dASCAP.html
http://www.musics.com/PRASE/First_Copyright_Infringers
http://www.azoz.com/riaa/news/whine.html

A final update: as of February 6th, 1997, I have been called as Witness for the Plaintiff in Dennis D. Sowell vs ASCAP and Marliyn Bergman - Docket case & file number 421997-S2075 - Bell County, Precinct 2, Texas, the Honorable Bill Cooke, presiding. I've wanted to get those lying thieving bastards in court - on their nickel - for years! Now it looks like I'm going to do just that. I assure you, BMI is on the clock. ASCAP, BMI and SESAC all need a long tour in front of an honest Judge who's in no mood for Kak nonsense. I fully intend to see they all damned well get it.

[UPDATE: In accordance with:

3. Paragraph 8 of the Agreement is hereby amended to read as follows: "8. The Owner agrees that the apportionment and distribution of royalties as determined from time to time by the Board of Directors of the Society, in case of appeal by him, shall be final, conclusive and binding upon him.

--- The Society shall have the right to transfer the right of review of any apportionment and distribution of royalties from the Board of Directors to any other agency or instrumentality that in its discretion and good judgment it deems best adapted to assuring to the Society's membership a just, fair, equitable and accurate apportionment and distribution of royalties.

ASCAP finally swindled Mr. Sowell from court to court until all the 'review' personnel were IN-THE-PAY-CLIQUE people on the ASCAP payroll!

And THAT is the end of THAT! A perfect SWINDLE endorsed by that god damned KAK-JEW SOCIALIST-CORRECT 'court' of the Southern District of New York!

You just can't beat the slimey bastards except on their own money: and that's why they don't sue me!

General Bobby Farrell.]


It's a simple matter of proving a years-on-end pattern of Fraud, Grand Larceny and Larceny-by-Trick (as it's called in some states). And I have it fully documented. I'm going to present my confirmed clearances of music that ASCAP now says I don't have 'clearances' for - all being duly 'lost' - you know! Well before this, or any other due court date, the lying thieving bastards can "UN-lose" them! If they don't, my evidence stands on fact. If they do, their record of non-payment stands on fact! I just wonder how those lousy, slimy, sleazy, lying thieving bastards are going to like THEM APPLES!

One thing is sure and certain - ASCAP has the absolute protection, endorsement and enforcement of the United States District Court, Southern District of New York. Because those god-playing bastards are in on the graft! Right up to their god-damned black-robed eyebrows! The fact this ASCAP/BMI/SESAC swindle is decades old without so much as one whimper from those bench-sitting bastards is prima facie evidence that doesn't take a Brain Surgeon to see. And they're so damnably blatant, it does take a Proctologist to get past the smell.

How do I know? - Because I have copies of quarterly protests (as required via membership agreement, by-laws, etceteras) - sent to that god-damned din of corrupt Black Robed bastards going back several years. Without one solitary action on the part of that jackass 'court'.

I'll keep you advised. But I want you to know right up front: I DON'T EXPECT A GOD-DAMNED THING out of this Court or any other 'court'! And I won't hold my breath until I see anything even approaching Justice. I don't look good in purple at all, and especially in the face!

For the record: ASCAP, BMI and SESAC all present a very HIGH POWERED - but nevertheless blatantly KAK-JEW RACIAL SUPREMACIST - front to impress everyone ignorant or stupid enough to buy their 'flash' as god, law and gospel. THEY ARE LYING, RAVAGING KAK-JEW RACIAL SUPREMACIST THIEVES! Period. Either you are JEW or JEW-CONTROLLED (or suspected as such for their Pittance Cliques) or you are OUT IN THE COLD! Yes! You may quote me. I'll be very happy to DOCUMENT any time the hook-nosed bastards want to drag me into ANY Court EXCEPT that bought-and-paid-for atrocity: United States District Court, Southern District of New York!

In closing, I want each and every reader to understand: I am not an exception to the outright court-protected thieveries, damned lies, and defamations of ASCAP, BMI and SESAC, I am just one of many thousands of their victims! I'd like to hear from those of you - victims, in or out of the Clique - who want to comment on this tight little revelation. But I won't hold my breath until I hear anything positive from the lying thieving bastards at ASCAP or BMI. . . . . or SESAC. That purple syndrome, you know. My email is: thegeneral@vmgworldwide.com.

Take a look at ASCAP's blunder of October, 1996, and have a good laugh with the rest of us.

http://vmgworldwide.com/ascapaku.htm

The following are other major Performing Rights Organizations, none of whom have one damned bit better reputation than ASCAP, BMI and SESAC.

APRA - Australasian Performing Right Association Limited - http://www.apra.co.au

ASCAP - American Society of Composers, Authors and Publishers - http://www.ascap.com

BCF - Baltimore Composers' Forum - http://www.baltimorecomposersforum.org

BMI - Broadcast Music, Incorpotated - http://www.bmi.com

CAL - Copyright Agency Limited - http://www.copyright.com.au

CISAC - International Confederation of Authors and Composers Societies - http://www.cisac.org

GEMA - German Authors' Rights Society - http://www.gema.ge

IMRO - Irish Music Rights Organisation - http://www.imro.ie

ISA - International Songwriters Association - http://www.songwriter.co.uk

MCPS - Mechanical Copyright Protection Society - http://www.mcps.co.uk

PRS - Performing Right Society - http://www.prs.co.uk

SESAC - Society of European Stage Authors and Composers - http://www.sesac.com

SOCAN - Society of Composers, Authors and Music Publishers of Canada - http://www.socan.ca

SODRAC - Canadian society for reproduction rights of authors, composers, music publishers and visual artists - http://www.sodrac.com

TONO - Norwegian Performing Right Society - http://www.tono.no







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