ASCAP question - Tilted Forum Project Discussion Community

Prince · 10-27-2006, 01:14 PM

I have a question regarding ASCAP. Their web site is so confusing. I've emailed them about this question, but their response wasn't really what I wanted to know. Maybe someone here is a member and can explain this.

Once registered, do I as the writer/composer/artist of a song/track still maintain the exclusive right to publically perform or sell my songs either in the form of a CD or a digital download, either through my own web site, or an online service? In other words, would I need to purchase a license in order to sell, perform, or provide for download, my own music?

vanblah · 11-07-2006, 01:59 PM

No, you would not need to purchase a license. ASCAP are within their rights to require it though, but it's unlikely they will unless you are making tons of money doing it.

For public performance the club owner SHOULD pay a fee to the royalty collecting agencies in order to have entertainment in their establishments but that's a different thing entirely, you can't be held responsible for it if they DON'T pay.

Not sure on the selling it out of the trunk or off the website. AFAIK, the royalties are only paid for performance and licensing, NOT for CD sales.

But being the writer/copyright holder is only part of the equation. You should also set yourself up as publisher as well as writer/composer via ASCAP. Remember: royalties come to the publisher NOT the writer. However, they publisher and writer can be (and often are) the same person/people.

IF you have entered into an agreement with SOMEONE ELSE, such as a label, then they probably own part of your publishing not to mention the actual recording (form SR). At that point, you'd need to make sure that you are able to sell/perform the songs according to the contract you signed with them.

There are cases where song writers are NOT able to perform or sell their own songs because the agreement they have with a label prohibits it despite the writer still holding the copyright. For instance, if you SOLD the song to someone else to perform, but retained publishing and song writer. Tricky.

I only understand part of it. It's very confusing ...

Doug Walker (ASCAP)

n0nsensical · 11-07-2006, 05:28 PM

Quote:

Originally Posted by vanblah

Not sure on the selling it out of the trunk or off the website. AFAIK, the royalties are only paid for performance and licensing, NOT for CD sales.

yeah, I think ascap only deals with public performance rights, and selling copies isn't a public performance. however I haven't seen the contract and IANAL. ;p

10-27-2006, 01:14 PM	#1 (permalink)
Prince /nɑndəsˈkrɪpt/ Location: LV-426	ASCAP question I have a question regarding ASCAP. Their web site is so confusing. I've emailed them about this question, but their response wasn't really what I wanted to know. Maybe someone here is a member and can explain this. Once registered, do I as the writer/composer/artist of a song/track still maintain the exclusive right to publically perform or sell my songs either in the form of a CD or a digital download, either through my own web site, or an online service? In other words, would I need to purchase a license in order to sell, perform, or provide for download, my own music? __________________ Who is John Galt?

11-07-2006, 01:59 PM	#2 (permalink)
vanblah Junkie	No, you would not need to purchase a license. ASCAP are within their rights to require it though, but it's unlikely they will unless you are making tons of money doing it. For public performance the club owner SHOULD pay a fee to the royalty collecting agencies in order to have entertainment in their establishments but that's a different thing entirely, you can't be held responsible for it if they DON'T pay. Not sure on the selling it out of the trunk or off the website. AFAIK, the royalties are only paid for performance and licensing, NOT for CD sales. But being the writer/copyright holder is only part of the equation. You should also set yourself up as publisher as well as writer/composer via ASCAP. Remember: royalties come to the publisher NOT the writer. However, they publisher and writer can be (and often are) the same person/people. IF you have entered into an agreement with SOMEONE ELSE, such as a label, then they probably own part of your publishing not to mention the actual recording (form SR). At that point, you'd need to make sure that you are able to sell/perform the songs according to the contract you signed with them. There are cases where song writers are NOT able to perform or sell their own songs because the agreement they have with a label prohibits it despite the writer still holding the copyright. For instance, if you SOLD the song to someone else to perform, but retained publishing and song writer. Tricky. I only understand part of it. It's very confusing ... Doug Walker (ASCAP) Last edited by vanblah; 11-07-2006 at 02:06 PM..