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Starting this summer, the American Society of Composers, Authors & Publishers has informed camps nationwide that they must pay license fees to use any of the four million copyrighted songs written or published by Ascap's 68,000 members. Those who sing or play but don't pay, Ascap warns, may be violating the law.
Like restaurants, hotels, bars, stores and clubs, which already pay fees to use copyrighted music, camps -- including non-profit ones such as those run by the Girl Scouts -- are being told to ante up. The demand covers not only recorded music but also songs around the campfire.

"They buy paper, twine and glue for their crafts -- they can pay for the music, too," says John Lo Frumento, Ascap's chief operating officer. If offenders keep singing without paying, he says, "we will sue them if necessary." [...] No more "This Land Is Your Land." An Ascap spokesman says "Kumbaya" isn't on its list, but "God Bless America" is.

"At first I thought, 'You guys have got to be kidding,"' says Sharon Kosch, the council's director of program services. "They can't sing the songs? But it's pretty threatening. We were told the penalty can be $5,000 and six days in jail."
So, the camp's directors have scrutinized its official "Elf Manual" and, in the section headed "Favorite Songs at Diablo Day Camp," have crossed out the most popular copyrighted tunes with black Magic Marker. The Scouts know about only a few of the banned songs because Ascap hasn't mailed out a complete list; it comprises four million songs and runs 70,000 pages. Ascap says it has, however, put a list on the Internet. After finishing off hot dogs and s'mores for lunch, the Elves -- senior Scouts charged with helping younger campers -- gather in a circle with directors to decide what they can sing. "Is 'Row Row Row Your Boat' copyrighted?" asks Holly Foster, a 14-year-old Elf with a turquoise happy face on her cheek. "Row Row Row Your Boat" may float, the directors decide, but "Puff the Magic Dragon" definitely is out.
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"We wanted to sing 'Underwear,' but it's set to the tune of 'Battle Hymn of the Republic,"' says Mrs. King, the co-director. "We're not sure if that's copyrighted; so, we don't sing it."
"When in doubt, don't sing," advises Site Director Leslie Shanders.
Even harder than figuring out which songs are which, directors say, is explaining it all to young Brownies. "They think copyright means the 'mean people,' " says Debby Cwalina, a 14-year-old Elf. Mr. Holly explains it to them this way: "The people who wrote it have a thing on it. A little 'c' with circles around it. There's an alarm on it. And if you sing it, BOOM!"

Ascap, which is based in New York, defends the royalties. "Songwriters are small-business people who write songs to make a living," Mr. Lo Frumento says. "The royalties allow them to send their kids to Girl Scout camp, too."
The federal copyright act allows composers and music publishers to demand royalty payments for any public performance of copyrighted material. The law defines a public performance as "where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." Although the law has been on the books since 1909, Ascap began notifying large music users, such as hotels, only a little over a decade ago and more recently has worked its way down to small users, such as rodeos and funeral homes. This year, it negotiated a reduced annual fee of $257 with camps enrolled in the American Camping Association. For camps, such as Diablo, that aren't association members, the fees are higher, ranging from $308 to $1,439 a year. Small camps that last two weeks or less get a special rate of $77.
Penalties for noncompliance can be stiff. The law sets fines up to $25,000 or a year in prison, or both, for major infringements. Ascap, which sends monitors around the country, has successfully sued restaurants, retailers and private clubs, Mr. Lo Frumento says. While the law hasn't been tested on camps, copyright attorneys say even little girls would lose.
"If you make an exception for the Girl Scouts, you could set a practical precedent," says Russell Frackman, a Los Angeles copyright lawyer. "You give the impression that a particular use is not an infringement, and that can be used against future."
Ascap contends that its members have contributed heavily to the Scouts over the years. In 1940, Irving Berlin donated all future royalties from his "God Bless America" to the New York City Boy Scout and Girl Scout councils. Although the Scouts still get royalties from it, Mr. Lo Frumento concedes that, nevertheless, they can't sing it without paying the fee.
So, it's back to black Magic Markers.
After finishing the Macarena at the Diablo sing-along, one mother whispers that today is the sixth birthday of David Warneke, a camp volunteer's son. "We're not allowed to sing 'Happy Birthday,' " warns Debi Jansen, a co-director.
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