Ever pondered which performance rights organization (PRO) is best for you as a songwriter? The ASCAP vs. BMI conundrum is a common one. This article will elucidate the primary differences between these two prominent PROs, thereby assisting you in making an informed choice.
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Ascap or BMI for Songwriters Table of Contents
What are ASCAP and BMI?
ASCAP
ASCAP (The American Society of Composers, Authors and Publishers) is a membership organization that protects its members' musical copyrights. Formed in 1914, it ensures that members are compensated for public performances of their work.
BMI
Broadcast Music Inc. (BMI) is a non-profit organization that represents over 800,000 songwriters, composers, and music publishers. Established in 1939, it collects license fees on behalf of its members and distributes them as royalties.
Understanding the Differences
Although both ASCAP and BMI perform similar roles, their differences lie in their structure, representation and operational methodologies.
Distribution and Payment
- ASCAP uses surveys on various media platforms to trace performances. It uses a weighted system for payments, considering factors like time slot of the performance and such.
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- BMI, on the other hand, uses a more generalized method of distribution. It pays out approximately on a per-performance basis.
Membership
- ASCAP operates on a selective membership basis. Songwriters need to be invited or apply and be approved for membership.
- BMI membership is open to all. Any interested songwriter can join with no application necessary.
Board of Directors
- ASCAP's Board of Directors is composed of writers and publishers who are also ASCAP members.
- BMI's Board is generally made up of broadcasters and stakeholders in the media and broadcasting industry.
Ascap or BMI for Songwriters Example:
Let's look at an example. Suppose you're a songwriter with a couple of tracks played on a popular radio station during prime time. With ASCAP's system, your royalties would be relatively high due to the premium placed on prime time performances. However, with BMI, each play is viewed essentially equally, regardless of the time it's played.
Frequently Asked Questions
What are ASCAP and BMI?
ASCAP (American Society of Composers, Authors, and Publishers) and BMI (Broadcast Music Inc.) are two of the largest Performing Rights Organizations (PROs) in the United States. They are responsible for collecting performance royalties on behalf of songwriters, composers, and music publishers when their music is played on public platforms such as radio, television, bars, clubs, and live venues.
How do ASCAP and BMI collect royalties?
ASCAP and BMI track performances of their members’ music through various methods, including digital monitoring services, logs from music users, and surveys. Based on this data, they distribute royalties to their members as compensation for the public performances of their works.
Why do songwriters need to join a PRO like ASCAP or BMI?
Songwriters need to join a PRO in order to receive performance royalties for the public use of their music. PROs have the networks and infrastructure required to negotiate with music users, monitor usage, and enforce licensing agreements on a scale that would be difficult for individual songwriters to manage on their own.
What are the differences between ASCAP and BMI?
While both are PROs, there are some structural differences. ASCAP is a membership association owned and run by its writer and publisher members. BMI, on the other hand, operates as a not-for-profit corporation. Each has its own fee structures, distribution formulas, and membership requirements that might influence a songwriter's decision to join one over the other.
Can a songwriter be a member of both ASCAP and BMI?
No, a songwriter must choose one PRO to affiliate with because each requires exclusive rights to license certain public performances of their works. This exclusivity prevents any legal issues around double collection for the same performance.
How do songwriters join ASCAP or BMI?
Songwriters can join ASCAP or BMI by filling out an online application on each organization's website. ASCAP requires a one-time application fee, while BMI currently does not. Once accepted, songwriters enter into a membership agreement that typically lasts for a designated period.
Are there any fees associated with joining ASCAP or BMI?
ASCAP charges a one-time fee for songwriters to join, whereas BMI does not charge songwriters a fee to become a member. However, the specifics of these fees and policies should be confirmed directly with each organization as they may change over time.
How do songwriters get paid by ASCAP or BMI?
Songwriters receive payments called royalties from ASCAP or BMI based on performances of their music. The frequency and amount of these payments can depend on factors such as how often the music is played, the type of venue or service it's played on, and the individual PRO’s distribution schedule and methodology.
Which PRO pays songwriters more, ASCAP or BMI?
It's difficult to definitively say whether ASCAP or BMI pays more, as payment amounts can vary based on many factors including the songwriter's catalog, the frequency and location of the music's performance, and the specific rate formulas used by each PRO. Songwriters should research and consider their own individual needs and circumstances when choosing a PRO.
How often do ASCAP and BMI distribute royalties to songwriters?
ASCAP and BMI have different distribution schedules. ASCAP typically distributes royalties quarterly, while BMI also generally does so quarterly, but there are nuances to each organization’s payment calendar, which can be reviewed on their respective websites.
Can songwriters track their earnings through ASCAP or BMI?
Yes, both ASCAP and BMI provide online tools and resources for their members to track earnings. Members can log in to their accounts on the PRO’s website to view detailed reports of when and where their music has been played and how much they have earned in royalties.
What kind of customer support do ASCAP and BMI offer songwriters?
Both ASCAP and BMI offer various support options, including FAQs, email support, and phone assistance. They also provide educational resources and host events to support their communities of songwriters and composers.
Do ASCAP and BMI offer any member benefits beyond royalty collections?
Yes, both organizations offer various member benefits. These can include workshops, networking events, discounts on music-related products and services, and advocacy efforts on behalf of music creators. Additional benefits vary between the two PROs.
What genres of music do ASCAP and BMI cover?
ASCAP and BMI cover all genres of music. From pop to classical, country to hip-hop, and everything in between, both PROs represent a wide range of songwriters and composers from various musical backgrounds.
How do ASCAP and BMI handle royalties for co-written songs?
When a song has multiple co-writers, each must register individually with their chosen PRO. Royalties will then be split according to the agreed-upon percentages of ownership, and distributed to each songwriter according to their individual contracts with their respective PRO.
How does a songwriter report a live performance to ASCAP or BMI?
Songwriters can report their live performances to their respective PRO by submitting a setlist via the organization's online portal or member services. Both ASCAP and BMI have specific programs designed to pay royalties for live performances of original music.
Are there alternatives to ASCAP and BMI?
Yes, there are other PROs in the United States such as SESAC and the relatively new GMR (Global Music Rights). Each PRO has unique features and benefits, so songwriters are encouraged to research and decide which PRO best suits their needs.
How do foreign songwriters collect royalties from US performances?
Foreign songwriters can collect US performance royalties by affiliating with a PRO in their home country that has reciprocal agreements with US PROs like ASCAP and BMI. These agreements allow for the collection and distribution of royalties across borders.
Does the choice of a PRO matter for independent or new songwriters?
The choice of a PRO can be important for independent or new songwriters because each PRO may offer different benefits, educational opportunities, and networking events that can aid in developing a songwriter's career. Additionally, the process and timeline for receiving royalty payments can vary between PROs.
Can a songwriter change their PRO affiliation?
A songwriter can change their PRO affiliation, but this process is typically subject to certain regulations and waiting periods. It's important for songwriters to review their current agreement and consult with their PRO before making the decision to switch.
Do ASCAP and BMI provide legal assistance for copyright infringement issues?
Both ASCAP and BMI advocate for the rights of songwriters and can provide resources and guidance on copyright issues, but they do not generally provide direct legal representation. Songwriters facing copyright infringement may need to seek independent legal counsel.
How long does it take for songwriters to start receiving royalties after joining ASCAP or BMI?
The time it takes for a songwriter to start receiving royalties after joining ASCAP or BMI can vary. It depends on when the songs are registered, how often they are performed, and when those performances are reported. Typically, there could be a lag of several months from the time a song is performed to when it generates royalties.
The choice between ASCAP and BMI is subjective, depending on your unique situation as a songwriter. Analyze your performance pattern and choose accordingly to maximize your royalty earnings. Connect with Lyric Assistant to explore more about the world of songwriting. Remember, every hit song starts with informed choices, and you’re just one click away from yours. Please don’t hesitate to share this article with other aspiring songwriters.
