This page covers what a performing rights organization and license is. The second section has information on ASCAP , BMI or SESAC, and what these licensing organizations do for you. The third section contains a useful FAQ that should answer some questions you may have. Finally, we have some links that might come in handy.


    Radio stations, nightclubs, hotels, and restaurants that play or broadcast music, and any public space that has a jukebox are all supposed to pay performing rights fees to the above mentioned organizations. It is up to the licensors to monitor what's played and collect royalties for you.

    Basically, whenever music is performed publicly the songwriter and music publisher, who created and own that music, have the right to grant or deny permission to use their property and to receive compensation for that use.

    It is impossible for individual composers and publishers to monitor the hundreds of thousands of businesses that use music. It would be equally difficult, time consuming and expensive for business owners to locate and negotiate with all the owners of the music that might be used. They pay the above licensors of performing rights a fee to play music.

    Collectively, these three companies do not license the right to print copies of musical works or rights to make adaptations of arrangements. They do not license rights to record music on a CD or tape or multimedia work. (such as a motion picture or television program) These rights are granted by writers and publishers through what is known as a master use license.



ASCAP (American Society of Composers, Authors and Publishers)

ASCAP is the oldest and largest of the three live performance licensors.
ASCAP licenses the right to perform songs and musical works created and owned by songwriters, composers, lyricists and music publishers who are ASCAP members and members of foreign performing rights organizations who are represented by ASCAP in the United States.
ASCAP receives payment for public performances of songs and compositions by negotiating license fees with the users of music (radio, TV, cable, bars, clubs, restaurants, shopping malls, hotels, websites, airlines, orchestras, etc.) and distributing these monies to members whose works were performed.

BMI

BMI is an American performing rights organization that represents approximately 300,000 songwriters, composers and music publishers in all genres of music. The non-profit-making company, founded in 1940, collects license fees on behalf of those American creators it represents, as well as thousands of creators from around the world who chose BMI for representation in the United States. The license fees BMI collects for the "public performances" of its repertoire of approximately 4.5 million compositions - including radio airplay, broadcast and cable television carriage, Internet and live and recorded performances by all other users of music - are then distributed as royalties to the writers, composers and copyright holders it represents.

SESAC
SESAC was founded in 1930, making it the second oldest performing rights organization in the United States. SESAC's repertory, once limited to European and gospel music, has diversified to include today's most popular music, including dance hits, rock classics, the best of Latina music, the hottest jazz, the hippest country, the best of r&b and hip-hop, the coolest contemporary Christian music, and Hollywood's top television composers.

"If the phrase 'quality vs. quantity' ever mattered, SESAC is the place. While SESAC is the smallest of the three U.S. performing rights organizations, the company believes its size is its largest advantage. SESAC prides itself in developing individual relationships with both songwriters and publishers.

Frequently Asked Questions

Okay, now I'm familiar with the three organizations... which one do I join?

That's not my decision to make! Below is a link to each organization's website. Take some time to read more about them... if you have a friend or two who is already a member, ask them what they think about their experiences. ASCAP claims it collects and pays significantly more money for performing rights than any other organization, but I bet that's because it has the most members! One of the smaller companies might do a better job looking after your interests simply because they arent as big!

Why should I pay for playing music in public?

The song legally belongs to the composer who created it and the music publisher who markets it. When you use other people's property, you need to ask permission.

How can I find out which organization represents a particular artist?

ASCAP has a searchable database of its members.
BMI has an online repertoire.
SESAC has a repretory search.

Where does the money go?

For the most part, it goes to the members. All the fees they collect are distributed as royalties, after deducting their operating expenses.

I would like to record someone else's song, do I need permission and how do I obtain it?

What you are asking about is called a mechanical use license. You can get a lot more information about that here.

Helpful links:

    ASCAP

    BMI

    SESAC

    RIAA

    Harry Fox Agency

    more information on music licensing

Got a question not answered here? Drop me a line: info@artisttoolbox.com