THE LONG AND SHORT OF THE CONSENT DECREE
Phil, pretty much all of this is not something you will EVER have to deal with. The majority of writers and artists in the world, write alone. just do their little projects, and will never receive much in the way of renumeration or anything. Most people who are "really trying" to do this, those college students the people playing those writers nights and open mics, etc. will quit within 2-5 years and their music will be left to a few recordings, CD's, files on computers, and the musical equipment will be in yard sales, auctions, given to younger siblings, traded for motorcycles, computers, or other things that fit into their "hobby of the moment."
Some will sit around, become the clothes racks, things to hang or sit other things on, guitar cases used as ironing boards, acoustic guitars mounted on walls or used for planters for flowers. A few will drag them out from time to time on the Saturday night front porch or living rooms, and jam with buddies. Some will come out of retirement from their jobs and pursue what they did thirty years ago, trying to do open mics, or build their own stuff, a good deal with come to Nashville, LA, New York. Some will work with me.
98% will quit and never look back.
So all these legal issues really don't affect very much. This is the industry. Why it is being acutely felt in Nashville is that we are a CO-WRITING COMMUNITY. We all write with each other. It is how we network, how we build and keep relationships. The way "in the doors" are by writing with people ahead of you in the line. Hit and established writers, writing with those new artist wanna be's and the people coming into town all the time. In addition to finding your way up the ladder, it is how you learn your craft.
Over the past two decades it has gotten harder and harder to find established people that will write with unsigned people. As the money has declined the only way to get a "big boy ( or girl) to write with a newcomer was if they were an artist that might present a way for that established writer to get a cut if they got a deal. To give you a more focused example, look at it like this:
A REAL WORLD EXAMPLE
The way we "built" Frankie Ballard to get ready for his publishing deal was by writing with hit writers. That's how you earn STREET CREDIBILITY WITH AN ARTIST. The first question is WHO ARE YOU WRITING WITH? We did it first with Jimbeau, Then Kim Tribble, Tim Buppert, and finally Walt Aldrich, who go him physically signed to Sony as a writer and then Warner Brother's as an artist. The rest had to take care of itself. but to get him the STREET CREDIBILITY that the industry respects, we had to get him with those established names. Now Jimbeau and I are ASCAP, but neither of us care that much about PRO's ,We've learned over the years how little they do and how little money is involved, so there would be no problem. But Kim Tribble, Tim Buppert, AND Walt Aldrich were all BMI writers. So if this rule had been in effect then, they would have NOT written with Frankie, who at that time was unaffiliated. And if I were observing these rules, and he had been a BMI writer,
I WOULD NOT HAVE BEEN ABLE TO WRITE WITH HIM.
So you see, it would have affected him from the beginning if I was having to jump through the hoops to get him writing appointments. And who knows? He might have quit or just stayed in Kalamazoo. I doubt I would have gone through putting my reputation on the line. I would have just written with him myself and sent him home.
This is where it comes down. Now, not only do you have to consider what the other person has done, who they are associated with, but WHAT PRO THEY ARE A PART OF BECAUSE IF YOU DON'T REGISTER THE SONG WITH YOUR PRO, YOU DON'T GET PAID.
That is the bottom line. While none of it really matters to me, because while I am an ASCAP writer, I rarely register anything, rarely even list anything because I know that UNLESS YOU ARE GETTING MILLIONS OF DOWNLOADS AND STREAMS you are NOT GOING TO MAKE A DIME ANYWAY!!!! but many of my professional friends and relationships DO care about this stuff. They would not write with anyone outside of their PRO, because their publishers WOULD NOT LET THEM.
But it is always that "what if..." question that the actual industry goes by. "What IF he gets a deal? What If he gets huge success and tours? And "If I am going to spend my time, my experience and political capital, I am going to work with an artist on my OWN PRO TEAM."
So what you are seeing is a political solution to a problem that didn't exist in the first place. The same as has happened for Veterans groups having non-veteran, political hacks making life and death decisions, Political hacks destroying the health care and insurance industries, and changing how everyone gets health care, non-business political hacks making decisions on businesses wiping out industries, and non-military political hacks making decisions on the Military that are literally life and death. It is Government bueacracy gone crazy. And it is THE EXACT REASON that the British have voted to leave the European Union, with the BREXIT.
Having un-elected bueracrats passing legislation that affects your life, your country, your borders and National Soverenty. There are many things that are coming out, that problems and roadblocks were CREATED by the EU that allowed these terrorist attacks worldwide going on. There are no borders in the EU, and they are allowing terrorists to roam freely from country to country. That is what is happening with the bombings, the knifings, the beheadings, the shootings in London, Spain, Turkey, Paris, Brussels, etc. They have no way to provide security, and are making it more difficult by ordering these countries to take in more refugees and more people they cannot vet. That is the "REAL WORLD" situation that all this BRXIT stuff is about. It's about SECURITY and a country that has come to the realization that they cannot be ruled by other countries. It is about self protection and SECURITY.
This is just another one of those decisions. This did NOT go through Congressional oversight. This is just a Department of Justice (that is insane to begin with) passing decisions down that affect people they have no idea the effect it is going to have.
At the end of the day, that is what we are all pissed off about. Just another intrusion into our lives unasked for or unneeded. Just like most of what is going on in life from Washington DC. If they would just LEAVE us alone, we could probably resolve this ourselves.And actually IT DIDN'T NEED RESOLVING!!! But they don't do that.
The bottom line for someone like you Phil is that you just lost pretty much any chance of ever writing with a professional songwriter besides me. Now that might not mean anything to you. But if you ever hoped you might hook up with one of your heroes from the Frank Brown festival, that just was the final nail in the coffin for that dream.
That's what it means.
MAB