[cc-community] ASCAP

Jamison Young jam at iarts.cc
Tue May 13 06:27:59 EDT 2008


> Does anyone know if ASCAp and BMI issue blanket licenses? That may  
> be a part
> of the issue here.

I was told by APRA, that ASCAP issue blanket licenses for use of  
content. The fee ASCAP get is divided up between those that have  
their content used. Artists can put a claim in to be paid, or if the  
song shows up on their register they are paid automatically.

The difference between the APRA system and the ASCAP system is that  
the artist with APRA can't direct license what they create as they  
choose. An artist with ASCAP can direct license to a venue or media  
(from what i understand). It only probably makes sense for an artist  
to direct license royalty free (or less fee than the blanket  
license), if the venue/space or media is not paying a blanket license  
fee.

Spaces/media might have the right to ask for a reduction in the fee  
they pay (to organizations like SABAM) if the space used content  
royalty free. Although from what i understand from venue owners in  
Belgium, if one song is in the SABAM system, the venue pay the same  
price. I have met artists that are not members of SABAM that have  
told me they have to put a SABAM label on their CD to press that CD.  
Even when the CD has all their own songs on it.

In Europe live music venues have to pay an extra fee to have live  
music and also need to pay a percentage of what might be taken on the  
door to SABAM.  The Belgium government approve of this, as all  
revenue can then be taxed. The result is that no-venues advertise  
artists not popular and small venues don't have a door charge for  
live music. SABAM scan newspapers and pick up on flyers issued for  
gigs in venues not registered.

Its possible that an artist that creates all their own content (that  
is not with SABAM, possibly with ASCAP) can direct license to their  
own benefit to those venues.

Most of the time the venue pays the extra fee for use of content and  
rarely does the artist get anything back via SABAM, unless they are a  
member and put a live performance return in. Touring artists from  
outside Belgium not with a label or publisher, find it very difficult  
to get anything back. Some foreign artists pay a fee to SABAM to  
collect a royalty.

Self published recorded music from the US registered with ASCAP being  
played in restaurant in Belgium would have no chance of getting a  
royalty paid back.

The real problem (from my view) is that if an artist  is not with a  
rights organization or creative commons, then the venue/ space/media  
has no platform to use content. The rights organizations provide a  
service that is needed, it just seems to have got out of control. Yet  
maybe the service was out of control from the start anyway.

Not sure if what i write is the way it is, yet these are things i  
have been told talking with artists/ venues/ rights organizations  
(collection societies).

best,
Jamison




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