In my many years in the music business, I have experienced thousands of scenarios which gave me enough fodder to write three of the most popular books about the music industry. My opinions are based on facts, things that actually happened.

In this particular instance, regarding my comments on BMI and ASCAP, the facts are irrefutable. The truth cannot be denied!. If this were not the case, I would have been kicked out of BMI and ASCAP years ago. I have been preaching the gospel of fairness for the last thirty years, regarding the unfair logging practices and lack of payments to the independent songwriters and publishers who are affiliated with BMI and ASCAP.

I am not a lone voice in the wilderness. There are thousands like me who have been begging, pleading, hoping and praying, that the hierarchy at BMI and ASCAP, and in particular the two matronly presidents, Francis Preston of BMI and Marilyn Bergman of ASCAP, would finally realize that it is time to stop the great disservice they have been doing to rank and file membership for the last fifty years.

It is a fact that less than 1% of every CD released makes money. It is not the superstars that are fawned over by BMI and ASCAP that make the music business the viable, multi-billion dollar industry it is today. It is the people, like you and me, who take a few moments during our work break, to jot down a great hook-line for a song, or who, while stopped at a red light, write a verse that we've been working on for months. It is the majority of these members of ASCAP and BMI who keep the recording studios, replication plants, printing plants, mastering labs, promoters, musicians, producers, publishers, artists, and all the others involved in this great industry, in business.

Since the 1950's, ASCAP and BMI have been using antiquated systems to log radio station airplay. Because of this unfair practice, about 95% of the members do not get paid. Our money is going to those people at the cocktail parties who constantly reside at the top of the charts, and at every cocktail party there is a Frances W. Preston and a Marilyn Bergman, hoisting their glasses high, in their jewel-bedecked outfits, taking every opportunity for a photo.

Meanwhile, what do you and I get? We get a slap in the face and a kick in the ass. ASCAP and BMI couldn't care less about us!

For almost 50 years, now, we have been begging and pleading. Many of us have engaged the services of attorneys and threatened to file suits. Thousands of others have sent out newsletters and started organizations to get the rank and file together to try to bring these necessary changes about, but - to no avail.

ASCAP and BMI are still using a logging system that dates back to the '50's. The fact that they will not even consider discussing the matter is unthinkable and totally unfair. How can any company in the 21st Century use out-of-date methods of logging so as to determine payment for the songwriters and the publishers.

Today, the entire world is operated by computer, and in a millisecond information can be transported and stored anywhere in the world. ASCAP and BMI tell us that "We can't log every song that is played on radio and television because it is logistically impossible. If we log every song, we would have to write so many checks that the administrative costs would be prohibitive." This is simply not true!

Today, you can go to a major supermarket checkout lane and get a receipt after your purchase, that tells you the brand of the product, the cost per ounce or pound, the size of the product, inventory control, and your exact amount of change, plus the applicable discount for coupons, food stamps and premium offers. Isn't it amazing that 290 thousand supermarkets in the United States can immediately do all of the wondrous things with a computer and a sixteen year old high school kid. ASCAP and BMI are still clueless!!!

Why is it that us little guys can understand this thinking, and the great brain trusts at ASCAP and BMI, headed by their iron-fisted matrons, cannot? If all radio and TV stations were logging all the music they play, I would probably have enough money to retire. Of the thousands of clients I've had over the years, the major complaint - the one constant bitter disappointment with their affiliation with ASCAP and BMI - is that for all of their hard work, sacrifice, dedication and talent, they get nothing!!

Maybe just this once, it might be a good idea for ASCAP and BMI to think about those people who have already sacrificed many years of their lives, and much of their life savings, to get their music on the radio and TV. The right thing to do would be to implement a program where every single song on radio and television will be logged and everyone of the writers and publishers will be paid.

BMI and ASCAP argue that, among other things, they would have to issue too many checks for small amounts. To which any intelligent person would reply, "Set a minimum amount before payment is made, even if it is as high as $250.00." Most recording and publishing companies will not issue a check unless it exceeds $50.00. Otherwise, the administrative expenses would, indeed, be prohibitive. Even if we have to wait a year or two to receive our money, at least we know that eventually we will get our fair share.

I can cite, with documentation, hundreds of examples over the last thirty years, where I've had three to five hundred radio stations at a time playing songs that I had written or published (or both). In addition to my own songs, I've had hundreds of clients receive thousands of airplays, and they didn't even get paid enough to buy a Big Mac, fries and a coke!

In the last several years, I have had several releases, one of them called "Pieface" on our Fraternity record label, that was on over 700 radio stations. I did over 40 interviews and national television carried the story of "Pieface," about a little dog who rescued a girl from a well. To date, I have not received one penny. I was half-writer and full publisher as Counterpart Music, BMI... not a penny! I had a song out a few years ago on the Fraternity label called "Jesus and Elvis", which we can document was on hundreds of radio stations. Not just little mom & pop stations, but many secondary and major market stations. We, to date, have not received one penny! Recently, we had a Christmas record, "Cats and Dogs and Christmas Bells", on over 500 radio stations throughout America... again, not a penny!

In the last five years, radio station airplay for songs written and published by either me or my clients have been played on thousands of radio stations. Not only do we have stacks of radio station response cards, proving the airplay, but we also have weekly reports from independent promoters who are highly respected in the industry, and have been working with me for over twenty years. Years ago, I had the #1 Independent Record of the Year in Cashbox Magazine by Jack Reno, on the Fraternity label, called "Reunion Time". This record received so much radio station airplay that the Today Show sent a camera crew to Mattoon, Illinois to interview the writer, Gene Hoots, and to feature a segment on that national television program. In addition, Cashbox Magazine did a full page story with pictures of Jack Reno and Gene Hoots. How is it possible that all of this national attention is heaped upon the humble Fraternity record label in Cincinnati, and we receive nothing from ASCAP... not a penny!

There is good news, though. I must admit that I did have a great year with BMI two years ago. I came into a huge economic windfall because of one of my songs. While I have issues with ASCAP and BMI, and while I know in my heart that they are totally indifferent to the needs of most of their membership, I must admit that is was quite a thrill when I received a BMI royalty statement, #006.96.51.80 for the first quarter of the year 2000, 89th accounting, in the whopping amount of $5.37!!

Well, you certainly don't take something like this lightly. I immediately called the Brink's Company, and while they were on their way to my office to pick me up with my check, I notified my bank so they could be ready for my arrival with my deposit, resulting from radio station airplay from BMI. How can you not love a company like BMI? God bless you, Frances W. Preston.

As I write this I am counting radio station response cards and radio airplay results from independent record promoters for the past three years. The amount of radio stations that were playing music that we had either written or had publishing on, was over 5,000. If each station played our product just once a day, for a month, that would result in 150,000 airplays, but that's not the case. Many of these records were Top Five regional records. Several were #1 independent records, and many of them were in the Top Ten Independent Charts.

It has been our experience over the years, that for every station that responds with proof-positive airplay, there is at least one or more that are too busy to respond with cards, E-mail, telephone, faxes, etc. The 150,000 documented airplays is the absolute minimum received.

It's one thing to complain about a situation, but it is better to find a solution regarding the BMI and ASCAP methods of logging, there are a myriad of solutions, all of them very simple, all of them easily implemented.

Let me give you an example of an easy solution that would enable ASCAP and BMI to pay all of us, with little or no involvement at the radio station level. Every time a CD is mastered, either the mastering lab or the replication plant infuses a high frequency tone that lasts for several seconds. During that time, all of the necessary information such as the record label, the label number, the title of the song, the writer or writers of the song, the performer, the name of the ASCAP or BMI publishing companies, the length of the song, etc. is in the high frequency tones at the beginning of every CD. Whether it's a one song CD or a 20 song CD. The information contained therein can be immediately transported to a computer base where it is stored for easy access until needed to compute the amount of radio or television airplay.

The accounting can also be taken care of also by computer. If the amount of airplay exceeds over $250.00, then the writer or publisher will receive a check. If not, they will have to wait until the minimum of $250.00 is accrued before they receive their money. Doesn't this sound fair? Isn't this equitable? Isn't this in the best interests of the rank and file of ASCAP and BMI. Shouldn't we be paid for our talents, just like the writers and publishers at the top of the charts?

How can the hierarchy at ASCAP and BMI continue to turn a deaf ear to the hundreds of thousands of us who ask only to be treated fairly.

Several years ago, I was invited to speak at the Mayor's Music Conference in New Orleans. I gladly accepted. Aside from the fact that I do love to share my knowledge with people in the industry, I seized upon this opportunity to confront some of the hierarchy of BMI and ASCAP since they were also speakers at this conference. After our panel discussion, I went midway into the audience and took my seat. The next speaker was Roger Sovine. He was a BMI executive. Roger went on, for about thirty minutes, extolling the virtues of BMI and what a wonderful caring organization it was. He told us how BMI was so concerned with the new writers and publishers, and how it was their objective to make sure that people got paid for their music being played in public places, on the radio, TV, movies, etc.

What Roger Sovine didn't know about... was "The Box." Nobody knew about "The Box," which was under my chair while I was sitting, listening to Roger Sovine preach the gospel of BMI, telling us of the lofty ideals and the loving concern that BMI had for all of its members. I could only shake my head, roll my eyes, and think to myself, "Boy... Mister... are you full of crap!"

After his thirty minute diatribe of the slickest, gooiest presentation you could ever imagine, he asked if there were any questions. I stood up and said, "Yes, Mr. Sovine, I have a question." He told me to go ahead. I then reached under my metal folding chair and pulled out a box, about twice the size of a shoe box, which I had carted with me on my seat in the plane, because to me it was worth all of the money in the world, and, at this point, I was about to prove its value.

I stood up and addressed the three hundred attendees. What I said, to be succinct, was that they are simply not going to get paid. The only people who get paid are the people who are at the top of the charts. I said they'd be damned lucky to get a nickel, if anything. The silence was deafening. All eyes were on Shad, and then on Roger Sovine, and then back to Shad. I then asked Mr. Sovine, as I held the box high above my head, "How is it possible that in this box there are radio station response cards from all over America, proving conclusively over 30,000 airplays on our product which we wrote and published - and yet we received only a couple of bucks?" Then I took out of the box, bundles of response cards and showed them to the audience. I handed them to people around me. You could see the immediate disappointment, disgust and disbelief in the their faces as they rifled through the cards. Mr. Sovine had nothing to say.

Again, I asked him how we can have this much radio station airplay and receive virtually nothing from BMI. Is this what we can expect for the rest of our lives? Mr. Sovine made a feeble attempt to answer my question by saying, "Well, that's very interesting, Shad... we'll certainly check it out." I thought to myself, isn't that wonderful. Isn't that nice. So you're going to check it out.

It was obvious by now that the most popular people at this Mayor's Music Conference, certainly were not the folks from BMI or ASCAP. I thanked Mr. Sovine, sat down and received an overwhelming standing ovation.

After the conference, I was told by the ASCAP representative, who had the same thirty minute fairy tale presentation about ASCAP' caring, loving and paying their affiliates. He agreed with my arguments but told me he didn't think we would see those changes take place for a long time. I thought to myself, "Sure, they'll take place... when Hell freezes over!!!

There is no doubt in my mind, that over the last forty years, the amount of radio station airplay received on product that we have either published, written or promoted for our hundreds of clients has been well into the millions of radio airplays. Yet, I cannot recall but one or two clients, in all of those years, calling excitedly to tell me that they had received a check from BMI or ASCAP for a few dollars... in most cases, damned few dollars!

In 1998, America's Polka Queen, Nancy Seibert, from Indianapolis, Indiana, had the #1 Polka Hit of the Year. Not only in the United States, but internationally. This record, "Daj Mi Buzi", was on the Fraternity Label, written and performed by Nancy Seibert. The record created such a stir, worldwide, that Nancy was a contender for a Grammy in 1998. Many world renown polka stars covered the record and recorded it. It was out on several different labels.

The result - from BMI... not a penny!