The Collegian

Local independent musicians have recently had trouble scheduling live performances at the local Beach Hut Deli because of interference by Broadcast Music, Inc. (BMI), a license management company.

Just under a year ago, live performances were frequent at the Beach Hut Deli on Hunter Street in downtown Stockton. That all changed recently as lawyers from BMI threatened to sue Tom Dickey, the owner of the Beach Hut, if he continued to allow the performances - unless he paid BMI for a $800 a year permit. The lawyers claimed that cover bands were performing licensed music at the location, despite Dickey's argument that all the bands played original music. BMI's lawyers maintain that Dickey is a "non-music professional" and couldn't possibly know whether the music played at his business was truly original.

Now, only one band is able to perform, simply because they have always performed on the Deli's anniversary. Others, like local independent reggae rocker Jonathan Michelsen, aren't quite as lucky.

"It seems to me that this company is threatened by local musicians," says Michelsen, who recently released his first album.

Dickey can't afford to pay for the permit, though, let alone the fees needed to take the case to court.

"I wouldn't be able to make the cost up from live performances," said Dickey.

In addition, BMI isn't the only music licensing group operating in the US. The American Society of Composers, Authors and Publishers (ASCAP) and the Society of European Stage Authors & Composers (SESAC) perform a similar function to BMI. Dickey is worried that once he pays one organization, he'll eventually have to pay all of them.

The end result is the almost complete elimination of the live shows, making it that much harder for independent musicians to become known.

"Stockton has a wealth of musical talent," says Dickey. "It's a shame we can't take advantage of it and provide a nice place for people to listen."

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