BMI, ASCAP, etc. What to do?

[Michael Blue]

OK, here's the situation...

 

Been writing and recording my own stuff, working on a few different projects, but I've also begun producing projects for others, and will have complete CDs ready for release probably this year. Setting this up as something of an Indie-level production studio/record label/publishing company. Nothing major, just helping out locals (well, and some non-locals via the web) who can't afford major studios (and who don't need "pro" results). Using Kunaki and CDBaby for most of the duplication/distribution needs, so I can offer bar codes, shrink wrap, universal distribution, etc.

 

Question is this; what is the deal with BMI/ASCAP and others? Do I register simply as an artist, or as a publisher or both? DO I need to register at all, what are the benefits and drawbacks, if any?

 

Obviously tip-toeing into uncharted territory for me, so I apologize if these are n00b questions. Thanks for any help you can provide!

 

~M

[BlueStrat]

Basically, ASCAP and BMI are collection agencies for performance royalties when airplay and other public uses of your music occurs. They don't collect mechanical royalties, which are paid when someone else records one of your songs. those are generally paid through the HFA (Harry Fox Agency) or by the artists/their reps directly. There is a statutory rate they have to pay, and licensing is compulsory, meaning that once you release a song into the market, you can't prohibit someone else from recording it, nor can anyone prevent you from recording one of theirs, as long as you get paid for the recordings.

 

You can only register with one PRO (performance rights organization, which is what ASCAP and BMI are). I prefer ASCAP as they have a reputation of more aggressive collections on behalf of the artist, but really they are all about the same.

 

If you have a publisher (most indies don't), sign yourself up as your own publisher. Royalties are paid in a 100/100 split, or 100% to the writer and 100% to the publisher if you are self publishing ( it's called a 50/50 split when you use an outside publisher). So, for instance, last year I got some airplay in Norway and I received from ASCAP a check for 38 dollars for me as a writer, and another for 38 dollars as a publisher (Of course, I ran right out and bought a BMW 535i !)

 

Signing up is easy, and don't forget to register each of your songs. If your songs aren't registered, you'll have no way to get paid for performance royalties. As far as drawbacks go, I haven't found any.

 

Here's some good resource sites to look at:

 

http://www.boutell.com/newfaq/creating/licensecovers.html

http://www.harryfox.com/public/FAQ.jsp

http://blogs.magnatune.com/buckman/2006/05/selfpublishing_.html

[Michael Blue]

Excellent, so for my situation, I would register my own work as publisher and artist, but for the people I'm producing, I'd likely register them as artist and myself as publisher? I wold be thoroughly surprised if any airplay came of any of this, but I'm trying to get all my ducks in a row to be as professional as possible.

 

You state that "once a song is release into the market", anyone can record it, etc...Can you define "release" for me? Also, is there a link somewhere for those rates and fees? There are a few covers I've always wanted to do and had no clue how to approach it, and would also like to know in case anyone ever does pick up one of ours.

 

Thanks a ton!!

 

~M

[BlueStrat]

 

Excellent, so for my situation, I would register my own work as publisher and artist, but for the people I'm producing, I'd likely register them as artist and myself as publisher? I wold be thoroughly surprised if any airplay came of any of this, but I'm trying to get all my ducks in a row to be as professional as possible. You state that "once a song is release into the market", anyone can record it, etc...Can you define "release" for me? Also, is there a link somewhere for those rates and fees? There are a few covers I've always wanted to do and had no clue how to approach it, and would also like to know in case anyone ever does pick up one of ours. Thanks a ton!! ~M

 

Current royalty rates:

 

http://www.harryfox.com/public/licenseeRateCurrent.jsp

 

You state that "once a song is release into the market", anyone can record it, etc...Can you define "release" for me?

As I understand it, it is once a song becomes a recording made available for the public.

 

From HFA:

"Under the United States Copyright Act, the right to use copyrighted, non-dramatic musical works in the making of phonorecords for distribution to the public for private use is the exclusive right of the copyright owner. However, the Act provides that once a copyright owner has recorded and distributed such a work to the U.S. public or permitted another to do so, a compulsory mechanical license is available to anyone else who wants to record and distribute the work in the U.S. upon the payment of license fees at the statutory "compulsory" rate as set forth in Section 115 of the Act.

 

 

so for my situation, I would register my own work as publisher and artist, but for the people I'm producing, I'd likely register them as artist and myself as publisher?

 

 

You could be their publisher if they agree to it. It's just as easy for them to set up their own, though, and unless you are actively shopping their music (which is what a publisher primarily does) and have a chance to sell something for them, or get them airplay somewhere, there isn't any benefit for the writers to give away their publishing.

[Michael Blue]

Thanks again!

 

 

...You could be their publisher if they agree to it. It's just as easy for them to set up their own, though, and unless you are actively shopping their music (which is what a publisher primarily does) and have a chance to sell something for them, or get them airplay somewhere, there isn't any benefit for the writers to give away their publishing.

 

 

 

The people I'm marketing to have little or no ability to record, produce or distribute for themselves. I'm recording their work, helping develop the songs, adding instrumentation where needed, will be providing graphic design and layout, and finally duplicating with Kunaki and integrating it all with CDBaby (or Oasis, if anyone needs 500+ copies). The whole package.

 

For most of us here, I'm just doing what we all do, but you have to remember there are still people who aren't setup to record, who aren't computer-savy, and who wouldn't even be able to upload files to Kunaki's website, even if they knew what it was.

 

What I'm doing is offering those services "a la cart" (or bundled) so people can get help with only the steps they need help with, but not pay someone else (me) to do what they can do for themselves. I'm not looking to "middle man" or take advantage of anyone; just to help those who want to do what we do, but who can't do it without some help.

 

The first project I'm working on has been pro bono, for the practice, experience, and for exposure (plus, I love her work!). Other projects are going to be offered a deeply reduced rate compared to "pro" studios, and at flat-rate, not hourly. The whole idea is to save people money and to offer an opportunity to do this to people who can't for themselves.

 

With that all in mind; would it be appropriate for me to register as publisher for people who have me do the whole package, or do you not think so? (Serious question, not sarcasm).

 

Thanks again!

 

~M

[ChrisAlgoo]

If you sign yourself up as publisher, and then you get signed to a label, what happens then?

 

Thanks

[doug osborne]

Think of the publisher as someone who markets the composition, not the recording itself. Recording, producing, and distributing a CD, download, etc., have nothing directly to do with this. Publishing is one way that successful songwriters make a lot of money - licensing the song for broadcast, movies, other artists, etc. Check out Moby, Ingrid Michaelson, etc.

 

Read Moses Avalon's book Confessions of a Record Producer for a good comparison between ASCAP and BMI.