One venue bans cover songs, others embrace them

The lines have been drawn, and the cover song is officially persona non grata at Geno’s Rock Club.

While many venues embrace original music, the outright ban on playing another person's work is part of a trend that's reshaping Portland’s early-week music scene, landing at least one venue in hot water with the country’s largest music licensing organizations. Meanwhile, other venues are playing off the popularity of well-known bands.

“As of today Geno's Rock Club has a NO TOLERANCE RULE when it comes to cover songs on our stage...if a band plays a cover song on our stage from today forward chances are they will not be asked back,” wrote Geno’s booking agent Knaughty Sarah on the club’s Facebook page.

In an interview, Sarah said, "We strongly support original music and the artists that make it and myself and Jr have felt for awhile that we have been to passive with enforcing the Geno's no cover song policy. This isn't something new, it's just something that we are taking a little bit more seriously as of lately. We don't pay ASCAP or any of the other music licensing companies and we have been very out spoken about not doing so."

"It's easy for a band to draw an audience in with a song that everyone in the crowd knows, it's another thing for a band to be able to draw in a crowd with a piece of original music. Watching that happen is exciting and something that I am proud to be a part of. I want people to know that they are walk into Geno's on any night that we have live music and know that the music they are hearing is coming from the band that wrote it."

Having long advertised themselves as a “all original music rock club,” Geno’s is taking a firm stance on the practice of covers in part because the venue doesn't pay the non-profit performance rights organization ASCAP for the right to have cover songs performed at a for-profit venue.

They are not alone in dueling with the group. ASCAP filed infringement actions against Portland nightclub Empire Dine and Dance in late June as part of a 13-state legal action against nightclubs, bars and restaurants to heighten awareness about performing copyrighted music without permission. The licensing group said Empire owes $13,280 for a licensing agreement and fees for the performance of copyrighted material.

ASCAP collects licensing fees from users of music created by ASCAP members, then distributes them back to its members as royalties. The organization collected over US$933 million in licensing fees in 2008 for the 8.5 million copyrighted songs and compositions in their repertory.

"We only do this as a very last resort," said Vincent Candilora, ASCAP's head of licensing. "They've ignored us for a pretty long period of time." ASCAP calculates licensing fees based on whether the venue offers live or recorded music and whether it collects a cover charge, as well as the frequency of performances and the size of the venue.

The Congress Street nightclub has built a regional reputation around it’s cover music events, including the high-profile weekly "cover band versus cover band" Clash of the Titans, Kill the Karaoke and other one-off events like 60’s music cover night Empire-A-Go-Go.

But Empire co-owner Todd Doyle said he thought that paying a fee to second-largest licensing organization BMI legally covered their obligation. "We really thought we were paying BMI and that we were covered," Doyle said. "Then ASCAP came in, and they want a piece of the pie,” Doyle told The Portland Press Herald in a June 30th article.

Geno’s aims to avoid the legal maze of music licensing by simply eschewing the practice of cover music altogether, a decision that has set them apart in a town where cover music has become a way for venue’s to boost the early-week audience slump by offering live versions of well-known tunes.

“I understand exactly what they’re doing, it sets them apart from the other clubs in town,” said musician Kurt Baker, a member of pop-punk band The Leftovers who is well familiar with the cover game, having played in seven or eight Clash of The Titans events, as well as hosting Empire-A-Go-Go.

“Empire relies heavily on the cover music with Kill the Karaoke and Clash of the Titans, those bring out a lot of people, and are always fun to play, “ said Baker, who will release his all-covers album “Got It Covered” as a digital download and vinyl single on August 10th on Oglio Records.

“When it comes to covers, I think people automatically know songs and have a good time, but I really would rather be playing original songs,” he said.

Baker said that cover events like Clash of the Titans can be enticing for local musicians looking to earn some cash or pay tribute to their favorite bands, and serve as a networking event for local musicians, who practice together for weeks before each performance.

“I’ve met so many other musicians throughout Portland through playing these shows,” said Baker. “But the question is always running through my head — do I want to make money playing these songs that I didn’t write or even like just to pay the bills, or do I want to stand by my original music?” Baker said.

But even cover events can be a gamble according to Baker, if there is not a strong base of fans for a band, the turnout can be disheartening. Baker played in a Cheap Trick cover band as part of the Clash, “one of my favorite bands ever,” he said, but the show only drew from 35 to 40 people in his estimation.

“I didn’t make any money, but I had a great time playing those songs,” Baker said. That ethos extends to his forthcoming covers album, which he said he sees as an exercise in his musical education.

“I felt if I could get in studio and dissect songs, using the framework of chords and making it my own, it would be really beneficial in the songwriting process,” he said.

Baker said the album will have a decidedly new wave feel, featuring covers of 70’s and 80’s acts Blondie, Elvis Costello, Nick Lowe and Joe Jackson.

Baker said those highlighting their Clash of the Titans calenders weeks in advance owe it to themselves to give the local bands of Clash musicians a chance as well.

“If you do go to Clash, check out the original band that are playing, Portland has so many good musicians and bands, yet it can be really difficult to get people out to see original shows,” he said.

Kurt Baker will play with The Goodnight Process, Sunday at Geno’s along with The Sugar Stems, Geoff Useless and Gravel. 9 p.m.

It will be all original ... or else.