[cc-community] ASCAP

Brenda Kayne kayne at songsforall.com
Tue May 13 06:32:02 EDT 2008


Thanks so much.  This was helpful in understanding how everything is
structured.

Brenda

On Tue, May 13, 2008 at 6:27 AM, Jamison Young <jam at iarts.cc> wrote:

>
>   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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