Ask MetaFilter questions tagged with ASCAP

XM instead of ASCAP fees?

BrodieShadeTree — Thu, 05 Feb 2009 07:49:38 -0800

Can a radio service such as XM or Sirius replace the need to pay ASCAP/BMI fees for a business waiting room? Simply put, does the use of a pay service like XM or sirius relieve a business of their ASCAP/BMI obligation? I am told that Muzak, specifically does alleviate the fees as they are 'rolled in' to the service model.

Lawyer referral needed!

anastasiav — Mon, 02 Jun 2008 07:28:39 -0800

Recommendations needed for an attorney who could assist a small dance troupe with some questions related to the use of music by a choreographer for public performance. I'm in Maine, but the attorney could be anywhere. We would prefer a couple of hours of pro-bono time, but could pay a reasonable fee. I'm on the Board of a very small, local dance company. We do pay an annual ASCAP license for music. One of our choreographers has been working on a wonderful show of dances which uses a single, complete classic rock album as its soundtrack. We have gotten permission from the record label (EMI) to use the recording (and their letter indicates that they actually consulted the artist before giving approval). However, the publisher replied to our request to use the music with a form email, and we've never heard another word from them. We then went back to EMI, who was able to give us a specific person to contact, but even with that info we've been unable to make contact with any real human at the publishing company. Multiple phone messages left, emails, postal mail - all gone unanswered since this form email.

At this point, we are hunting for an attorney who could assist us, either by reviewing our ASCAP license and the permissions we already have from EMI and giving us a formal opinion that we are within our rights to show this piece without the approval of the publisher, or who would somehow shake the publisher's tree and get them to respond, but we haven't been able to identify anyone locally (Portland, Maine) who knows enough about music licensing to be of assistance.

Typically, our ASCAP license would cover the use of individual songs, but our reading of the ASCAP fine print is that because we are using an album in its entirety as the background of a "dramatic work" that the terms of our ASCAP agreement may not cover that. We would also like to be able to promote the show as being set to [album name] as the soundtrack, rather than just saying "using the music of [band name]" and hoping everyone makes the connection between the title of the show and this band's most famous album.

FWIW, we're a very small dance company, all volunteer (no paid staff or dancers), and a registered 501(c)(3).

Any assistance, recommendation, or pointers to resources would be appreciated.

What do BMI/ASCAP charge?

popechunk — Wed, 19 Jul 2006 07:38:40 -0800

How much does an average-sized restaurant pay ASCAP/BMI to play music? The music would be from a personal CD collection. The restaurant would be in Austin, TX. The restaurant currently only exists in my imagination.

Secondary question: do you have to pay both BMI and ASCAP?

ASCAP or BMI?

General Zubon — Tue, 18 Jul 2006 17:11:58 -0800

What are the differences between ASCAP and BMI? Does anyone consider one performing right organization superior to the other and, if so, why? A question previously posted today about ASCAP made me think of a related query of my own. It's actually a question posed towards me often as my job involves managing songwriting musicians. I am personally registered through BMI and have been happy with them. I recommend them to my artists solely based on my experience. But, when asked, "What's the difference?" what should I say? (I realize there is also SESAC but my understanding is that they specialize in Canadian writers ... we are all based in the USA.)

Should I join ASCAP? (not a simple question in my case)

Anonymous — Tue, 18 Jul 2006 13:53:47 -0800

Should I finally join ASCAP, despite my misgivings about copyright, the music-licensing industry, and certain practices by ASCAP and similar orgs? Yes, the cash would make a real difference for me, given the way ASCAP handles my genre and given my low income overall. (A many-sided question, one I've put a lot of thought into -- but I've made this as concise as I can while hitting the important points. Thanks for listening!)

I'm a young American composer of mostly classical/"concert" music. I come from a very low-income background, so as an adult I'm still learning the right ways to relate to money & finances. I've spent my post-conservatory life making a very simple living with a combo of about half music (small grants/prizes/commissions) and half other work. I'm not at a career point where prizes/etc. just fall in my lap; I spend a LOT of time researching & applying for all these opportunities.

I've missed out on a significant amount of cash over the years because I haven't joined a performance rights organization (ASCAP would be better for me personally, so that's why we're forgetting about BMI here). ASCAP's Concert Music division, unlike most other divisions, makes direct royalty payments for significant performances of your music, plus annual cash awards based on your music's overall "prestige value" (prizes/performances/etc.) -- and the award amounts I hear about from friends with "prestige" activity comparable to mine would definitely make some difference for me each year.

--- So why have I not joined ASCAP?
• I'm still (though decreasingly) attached to my ideal of offering work freely or under alternative licenses rather than perpetuating our current copyright system. (Yeah, I do realize that many anti-copyright activists are financially secure tech-industry types who have a different kind of luxury to hold these beliefs than I have.)
• While ASCAP's Concert Music division itself is clearly a postive/beneficial force in the music world, the popular music division has a practice that disturbs me: their aggressive insistence on getting even very small venues & clubs to pay their licensing fees, typically using threats of lawsuits, which can hold back struggling venues and struggling musicians alike. U.S. law says they can do this, but I don't agree with the law in this case.
• I would benefit from and implicitly approve the business practices of ASCAP if I were a member.
• If I did eventually become high-profile enough without any money or help from ASCAP, I could be a great example for other musicians who don't want to be part of the intellectual-property industry (an Ani DiFranco-like advocate for anti-copyright ideals, as Ani has been for anti-major-label ideals).

--- And what are some arguments that I should join ASCAP now?
• How logical is it for me to refuse to join in the name of supporting struggling musicians, if I'm a struggling musician myself (who's living without health care, etc.)? I'm basically the walking definition of why music licensing and royalties were created. If I'm dedicated to contributing to our culture, I need to generally take care of myself so I can be healthy/productive and live a long life.
• It's not just ASCAP and BMI: in virtually any industry, if we really trace the roots of where our pay comes from, we would likely classify it as coming from business practices that hold someone else back, or as being "dirty money" in some other sense.
• My friends unanimously agree that ASCAP's Concert Music administrators actually care about nurturing and promoting composers and connecting them with opportunities -- in other words, the cash might be the least of ASCAP's practical benefits for me.
• As far as I understand (and I would ENORMOUSLY appreciate any comment/clarification you may have on this point), ASCAP only controls the performance rights of the works you specifically register with them (i.e., you can hold back individual works, so I could do that for any particular piece that felt important to release outside copyright -- or for any particular piece if I planned to have only that piece performed at a venue not already licensed by ASCAP [to make sure the venue would be safe in the event ASCAP noticed the venue because of me]).

So... Currently I don't see any other in-depth discussion of these issues on the web, so I hope this can turn into a great thread with many different viewpoints. (And if you want to email me privately, you can use the anonymous account I set up for this: metaq @ bluebottle . com [remove the spaces].) Thank you!

What powers to ASCAP/BMI have in regards to independent/original music not in their catalog?

loquacious — Wed, 12 Jul 2006 12:08:33 -0800

Can ASCAP/BMI sue you or levy fees for original music not in their catalog? A) For live public performance of said songs?
B) For recorded public performance of said songs?
C) For offering for download/streaming of said songs?
D) Or other forms of distribution and performance.

I ask because I've heard all manner of nightmares instigated by ASCAP/BMI, from simply playing the radio in a coffee shop (Not covered by "original music in their catalog" directly, but could be for a theoretical all-indie college/public station) to the newer dranonian rules on webcasts, to offering downloads.

Where does their self-given power to hassle the little guys end?