What I mean is, would I still be able to freely distribute my songs to, for example, indie internet radio that holds no ASCAP/BMI licenses? Stuff like that. There was also something in there where BMI can license your music to movies and other things, and that is their right. I've never heard anything like that.
Yes, absolutely you can freely distribute, that's the idea.
A PRO tracks songplay in public forums, such as the radio or licensed nightclubs, music venues, etc. Internet radio and downloads are handled by you and the internet company you choose to sell through.
A quick scenario: You put together your cd, it came out pretty good. You burn those songs to a CD-r yourself and send them off to CD Baby. CD Baby then sells one or two and also puts your songs on iTunes, Napster, etc. (A service they provide that YOU paid for.) CD Baby tracks songplay, downloads and sales and sends you a nice check every month because your songs are selling.
Those one or two CD's that CD Baby sells does not get any royalties and so BMI or ASCAP would not track that. You get your money from CD Baby. The law says that the license granted to those buyers are for private listening in their home; Not for public performance. That doesn't have to be written on the CD, but some kind of notice should. And you might actually read something like that when you watch a movie and see that "FBI Warning". That's basically what it is saying.
If a nightclub purchased your CD and played it for their customers, like in a jukebox or whatever, they have to pay a royalty for that public performance. In order for them to play your song, they need a license from BMI and then submit a cue sheet periodically. You get paid through BMI for that performance. Ideally!!
If someone hears your song on iTunes and wants to play it in their band at a gig, they would have to pay you a royalty. And here is where there is a little confusion and disagreement and I will give you my take on it. I may not be 100% correct. The way I see it, the band or performer is ultimately responsible for paying that royalty to the PRO. If a band goes to do a gig playing covers, they have to pay the royalties on those covers. But none do!!! Because the way it's set up, the nightclub or music venue is the one who gets the license from BMI or ASCAP. Ideally, the band should hand in a set list so the bar owner can add those songs to his cue list. I doubt that ever happens. When I used to gig a million years ago, we never did that, nor worried about whether the bar owner had a license or not.
I've heard that the PRO's pay royalties for such performances based upon the popularity of a song. So, if a song is #1 on the charts, they safely assume that it's getting played in music venues and collect the royalty from the licensing fees. Not sure how true that is.
And I don't know anything about the movie thing you mentioned. I'll to go read up on that....
Sorry it's so long-winded, hope this helps.
