ASCAP, BMI, and SESAC- FAQs Basics August 3, 2011

What are ASCAP, BMI and SESAC?  

ASCAP, BMI, and SESAC are all U.S.-based performing rights organizations or performing rights societies.

In the U.S. (and most other countries), songwriters are entitled to receive royalties for public performances of their works.   Performing rights organizations (referred to as “PRO”s), such as ASCAP, BMI, or SESAC collect the public performance royalties for their songwriter members and distribute them to the writers on a quarterly basis.

What’s a Public Performance?

A public performance can occur when your music is performed/played at a concert,  on a television show or commercial, or theatrical film screening (theatrical film screenings in the U.S. do not receive public performance royalties, but they do in other countries).

How do I join ASCAP, BMI or SESAC?

To join ASCAP or BMI, submit an application for membership through their websites.   SESAC is by invitation only.   Songwriters may only belong to one performing rights organization at a time.  It is permitted to switch affiliations, but you will need to terminate membership in one before applying for the other.  Each society has their own requirements for membership, and this is listed on their websites.   After you apply and are accepted for membership, be sure to submit to your society the list of all songs you have composed.   Without that listing, your society won’t know which songs they owe public performance royalties on.

Why Would I join ASCAP, BMI or SESAC?

Songwriters or composers having their works performed publicly, either by themselves or covered by artists, should join a PRO to receive their public performance royalties.  If you are not a songwriter or composer, there is no need to join ASCAP, BMI, or SESAC.

Which is better- ASCAP, BMI, or SESAC?

All do the same function- collect public performance royalties for their songwriter members.  Some also offer discounts on health insurance, medical costs, recording gear, etc.   Review each societies’ website carefully and see which you are most comfortable with.   As mentioned above, you can only belong to one society at a time.

How often do I get paid once I join ASCAP, BMI or SESAC?

Quarterly, although expect a few accounting periods to pass before your royalties get into the system and get paid.

Where does the public performance money come from?

Bars, clubs, venues, and special events all enter into license agreements and pay license fees with ASCAP, BMI, and SESAC on a yearly basis (or by special event).   That money going to ASCAP, BMI, and SESAC is used to pay the public performance royalties due to the songwriters.

I’m a U.S. songwriter, but most of my works are performed outside the U.S.  How does that work?

Foreign performing rights organizations collect money on behalf of ASCAP, BMI, or SESAC and submit it to them.  Whatever organization you belong to (either ASCAP, BMI, or SESAC), then in turn pays you.

I received my royalty statement from ASCAP, and performances are missing.  What do I do?

Contact ASCAP with documentation of your public performances.    It’s always good to keep records of when your music is publicly performed.   The venues (or television broadcasters, or other users of your music) should be submitting a “cue sheet” that lists all the songs they have used.   Sometimes those cue sheets can get lost or having erroneous information, so its good to provide your own independent documentation to your performing rights society.

I’m recording a CD of cover songs, do I need to get permission from ASCAP, BMI, or SESAC?

No.  Recording someone else’s song for a cd requires a mechanical license.  The rate for a mechanical license royalty in the U.S. is set by law, and is currently 9.1 cents, per song, per cd manufactured.   Contact the music publisher for the original songwriters, and they will help you get a mechanical license in place.  Or, contact the Harry Fox Agency.   Many songs can be licensed in minutes on Harry Fox’s online Songfile service.