BMI/ASCAP songwriting vs 'publishing'

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mjbphotos

mjbphotos

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I filled out the form yesterday at BMI, didn't get anything back from them yet.
It's free to join for songwriters. Figure it couldn't hurt to get my songs "BMI-ed", not that I expect any monetary payouts.
Question, though: what about 'publishing'? I know a lot of songwriters create their own publishing company, but do songs need to be published? It costs $150 to register a publishing company with BMI, so I'm not doing that!
 
Will it affect your ability to play your songs live? Some (not a lot, granted, but some) venues don't pay ASCAP/BMI licensing fees, so licensed songs can't be played at those places. If your songs are BMI'd, would you not be able to play them there?
 
I know there are places around (but not too many) that say 'originals only' - but I doubt any of them ask the performers if their songs are registered. So far the only places I've played my orginals are places that do not have that restriction.
Guess these 'originals only' places be in trouble when the performers send their 6 month list into BMI?
 
Maybe. I've heard of venues that record every show just so that they can pass the recordings off the the ASCAP guy when he comes around if he wants to audit it and be sure none of their stuff was played.
 
As for publishing; the songwriter owns the publishing rights until he signs it away to a publisher. That's where that whole 200% crap comes in... 100% songwriter royalties and 100% publisher royalties.

I know BMI does the BMI Live thing where you the songwriter can report where and which songs you performed and then get paid for it. Don't how that works for venues without a BMI license.
 
Chili said:
As for publishing; the songwriter owns the publishing rights until he signs it away to a publisher. That's where that whole 200% crap comes in... 100% songwriter royalties and 100% publisher royalties.

I know BMI does the BMI Live thing where you the songwriter can report where and which songs you performed and then get paid for it. Don't how that works for venues without a BMI license.
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I would assume they put those venues on the 'get a license' list!
Even the dance studio my wife went to (small in-home place) had to buy both BMI and ASCAP licenses.
 
Performed my first BMI-registered song last night. Can't wait for the pennies to start rolling in! :laughings:
 
mjbphotos said:
Performed my first BMI-registered song last night. Can't wait for the pennies to start rolling in! :laughings:
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Now the club owner is going to get a bill and you'll never play there again. Cheap bastards!!! :D
 
Chili said:
Now the club owner is going to get a bill and you'll never play there again. Cheap bastards!!! :D
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They have open mics every week, and bands every weekend, and one of those wall-mounted juke-box thingies too, so I suspect they have licenses.
 
mjbphotos said:
They have open mics every week, and bands every weekend, and one of those wall-mounted juke-box thingies too, so I suspect they have licenses.
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Oh, I'm sure they do, I was just trying to make a lame joke. And I succeeded; it was lame. :)
 
mjbphotos said:
Performed my first BMI-registered song last night. Can't wait for the pennies to start rolling in! :laughings:
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ASCAP and BMI use statistical sampling to determine payouts. It's notoriously skewed and unfair, but it is what it is. It's particularly bad for radio, when today's technology can pretty much pinpoint exactly what was played and when, but they don't want to adapt to it as people on the board would lose money to indie-type folk. You might have better luck with reporting your live gig than you would with radio play.

Question, though: what about 'publishing'? I know a lot of songwriters create their own publishing company, but do songs need to be published?
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Certain companies, like film companies, will only work with a publisher. The reasons vary, but one reason is that "it's always been done that way". It also shows a certain amount of commitment and understanding that one followed "the rules" enough to form an Publishing co. or LLC. When a studio wants to put music in a film, they don't want a giant hassle and don't want to explain residuals to a 16 year old with a cracked copy of Cubase.:D It's a business, and having a publishing company (or signing with one) is a step up in the music food chain. The company wants to send the publisher a boilerplate contract and be done with it. It gives them more legal protections, and it makes everything more Kosher in general.
 
I'm not expecting radio play (I have had 1 song, to my knowledge on a college station, that's all I know, though). I will be submitting my 6 month live play reports!
 
BigPlay said:
Checkout your Reverbnation site. Dig the intro to "Believe"
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Thanks! 'Fairlight' synth program on the old Kawai I recently sold.

Played 5 songs on a college station Sunday night, 2 of them from my first CD, so BMI-registered. I'm going to be rich! :drunk:
 
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