WHEN TO ASCAP ?

[tamborineman]

Brian, take the band or solo artist who plays the local clubs, doing cover tunes. When and how do you handle the ASCAP thing?

[phlemmy]

IMMEDIATELY.

http://www.ascap.com/about/howjoin.asp

[tamborineman]

I hear you phlemmy, but how does it all work? Please explain.

[winston]

ASCAP and BMI are both non profit organizations that licence the playing of music by artists who own copyright and who have signed up with their organizations. The process they have established takes the place of the nightmare of invoicing every radio station or bar, club etc, who plays your music to an audience. The process of collecting royalties and distributing rewards is not an exact science but it works to a degree that artists and those who play material by others seem to able to live with.

I became an active member of BMI in 1965. BMI in those days seem to sign mostly Blues and R&B srtists whereas ASCAP seemed to attract pop artists.

Sean is right. If you play out a lot and you are not sure if the club or bar owner is contributing as they should, then join up.

[Scastles]

Brian hit it right. The onus actually falls on the establishment, but, ASCAP can be ruthless about getting their deserts and could easily seek payment from you. ASCAP has been known to dog businesses because they play radio stations in their establishment. I witnessed this quite a bit in my previous life...job. Sign up and protect yourself.

[winston]

Thanks Stan,

To add a little more clarity to the situation, although this is more specific to the non profit organization that I belong to.

BMI issues licenses to users of music, including:

television and radio stations and networks;
new media, including the Internet and mobile technologies such as podcasts, ringtones and ringbacks;
satellite audio services like XM and Sirius;
nightclubs, discos, hotels, bars, and restaurants;
symphony orchestras, concert bands, and classical chamber music ensembles
digital jukeboxes;
live concerts.

[tamborineman]

So Brian, one can join ASCAP as a preformer? Excuse my ignorance Sean, I thought only song writers were members of BMI or ASCAP. I hope I don't an attorney to play the occasional $100 neighborhood bar gig. But I would like to do more and I would like to do it right. I'm trying to learn about the buisness of Rock and Roll. Everybody that understands this stuff please hold up your hand.

[tamborineman]

So Brian, one can join ASCAP as a preformer? Excuse my ignorance Sean, I thought only song writers were members of BMI or ASCAP. I hope I don't need an attorney to play the occasional $100 neighborhood bar gig. But I would like to do more and I would like to do it right. I'm trying to learn about the buisness of Rock and Roll. Everybody that understands this stuff please hold up your hand.

[winston]

Hank,

Before I will be able to fully respond to what appears to be a very simple question on the surface, I'll have to spend some time putting my thoughts on paper for you. You have in fact asked a question that involves discussion about many other business facets of managing or simply running a band, such as songwriting credits, mechanical rights, copyright law, royalty payments, union affiliation, performance rights organizations, publishing etc. This is a complex and highly interwoven subject.

This is also probably the area of band business that gets the least amount of attention in the beginning of a bands career. Coincidentally it is also one of the most important areas for a band manager to focus on.

If you will indulge me, I'll get back to you on this subject as time permits. If others with more free time on their hands wish to help in the meantime, please feel free to post away. One of the reasons that this forum is here, is so we can share our collective experience.

[tamborineman]

Thank you Brian, very much

[Scastles]

Hank, maybe this will help you to understand a little something about ASCAP. FAQ's.

http://www.ascap.com/licensing/licensingfaq.html

[tamborineman]

Thanks Stan, that does help. I can see this is a deep subject.

[kenposurf]

Best just go to the ASCAP site and read it over..it will clear things up for you..I ASCAP EVERY song I write..it's important.

[winston]

My apologies Guys but my real work keeps getting in the way,

Thanks Stan for filling in with ASCAP's FAQ's. They are quite helpful. ASCAP tends to be a little aggressive at times in their pursuit of revenue, but I can't recall a single instance where they have tried to licence a band to play other peoples material. The onus is always on the establishment to obtain a licence.
As far as being a songwriter or a composer and that is what I believe George is alluding to they do not actually protect you from copyright infringement as some might believe, they are merely a body that provides central licencing and income distribution on behalf of the arists in their catalogue.

We are at the point now where I need more time to piece together all of the bits of the puzzle without writing a book.

[melibreits]

Brian, I'm really looking forward to some further comments on this topic, as I am in the final stages of recording and mixing my own demo CD of my original songs....