BMI or ASCAP?

[blondeguild]

I'm working on registering a copyright for the first time. Does anybody know what the differences are between these two? I'm independently releasing an ep of 8 songs, and I don't really know where to begin. Help?

[bdbdbuck]

You might want to post this question in either the cave or the mp3 forums......just to get the attention of those who really know.


bd

[Peter D]

To me, there is little difference bewtween BMI and ASCAP, though I've heard that BMI has a more intensive program of licensing music clubs, bars, restaurants, etc. to make sure their writers get paid. I think ASCAP has gotten a little lax in that respect lately. Their membership requirements for writers and self-published writers are almost identical. So, it's a coin toss to me.

BMI came into being because traditionally ASCAP was ignoring the writers of Country and Blues songs and the radio stations wanted to break the monopolistic hold ASCAP had over live radio telecasts at the time. This was pre-televison and BMI was basicially a group of radio owners exploiting the weaknesses of ASCAP and also insuring a catalogue of songs to use on their telecasts.

Probably more than you want to know. You might want to check out SESAC also. Though smaller in size, they have a reputation of doing right for their members. They are a private-membership performing rights organization, as opposed to BMI and ASCAP, who are public-based with open membership.

[DCMaguire]

blondeguild -

ASCAP and BMI do not register copyrights.

They are performing rights organizations. By joining one of them, you give them the authority to collect public performance royalties on your behalf.

Unless you have a song that gets major airplay, you would not get any public performance royalties. (I'm talking about a charting song -- not a song that gets played on your local or regional stations).

If you want to register the copyright to your original songs, you need FORM PA, from the Library of Congress' Copyright Office. The fee is $30 per song, or you can copyright the whole CD as a collection for a single $30 fee.

If any of the songs on your EP are written and copyrighted by someone else you need to pay them a "mechanical" royalty (unless, of course, the songwriter is your buddy, and he gives you permission for free). Without going into details, you do this by getting a "Mechanical License," and paying 8 cents for each copy produced.

[Peter D]

DC - While I realize the live performance fees for a small-time songwriter may seem inconsequential to some, it's part of building a career and a reputation. Believe it or not, when an ASCAP or BMI monitor tells a nightclub owner, personal manager or agent that they can't use your music without paying it leaves an impression that they are dealing with a professional instead of someone who writes song-poems to impress their friends and family.

It may not be much in the way of money, but membership in a PRO pays dividends in other ways important to establishing oneself as a working songwriter. I get performance listings by bands and singers I've never heard of, and certainly didn't pitch to and I'm glad someone is making some attempt to see I get paid, even if it's incidental to them tracking down performances of some big radio hit.

[DCMaguire]

Peter -

I agree -- PRO affiliation is worth it, even for a songwriter still waiting for his first cut.

I used to work for ASCAP. I am currently a BMI affiliated writer.