They're Playing Our Song: Understanding ASCAP Licensing

2015

What You Need to Know about ASCAP

Jody Allen Virginia Association of Museums 1/8/2015

What is ASCAP? The American Society of Composers, Authors, and Publishers (ASCAP) is a membership association of over 500,000 US composers, songwriters, lyricists, and music publishers.

They are the only US performing rights organization created and controlled by the artists themselves. ASCAP has agreements with affiliated international societies, and represent hundreds of thousands of music creators worldwide.

ASCAP protects the right of their members by licensing and distributing royalties for non-dramatic public performances of their copyrighted work. Their licensees encompass all who want to perform copyrighted music publicly, and they make obtaining permission to perform said music simple.

Why Should My Museum Obtain a License?

By obtaining a license, your museum will have access to every variety of music needed to attract and entertain your patrons. With an ASCAP license, your organization has access to over 9 million different songs from over 500,000 songwriters, composers, and publishers. In addition, an ASCAP license will allow you to obtain new music as soon as it is published. Remember, like an artist’s image, that song you want to play for your audience is owned by someone - the artist and producers - and without their permission, it may not be played publicly.

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What does an ASCAP license NOT cover?

An ASCAP license does not give your organization dramatic rights. If your organization is interested in having any musical plays, operas, or ballet scores performed, you must deal directly with the creators of those works. Additionally, an ASCAP license does not allow your organization to record any music for any purpose.

Does my museum need to obtain a license?

If your museum is planning to play any copyrighted music, then yes, you will need a license. This includes both live performances and recorded music.

What if my museum hires a DJ or a band and they play copyrighted music? Who is responsible for obtaining the license?

Even if your organization hires a DJ or a band and they play copyrighted music, your organization is still responsible for obtaining the license. Don’t make the mistake of assuming that musicians and entertainers must obtain licenses to perform copyrighted music, or that licensing responsibility shifts when you hire musicians or entertainers.

The law says all who participate in, or are responsible for, performances of music are legally responsible. Since your museum ultimately benefits from the performance, you are responsible for obtaining the license for that performance.

What happens if I don’t obtain proper licensing?

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If you are going to play copyrighted music, obtaining proper licensing is in your best interest. ASCAP sends monitors around the country to ensure organizations are NOT playing copyrighted material illegally. If your museum plays music you do not have the licensing to play, your organization can face serious legal action.

How much does licensing cost?

If you are playing music throughout your museum, the licensing fee is $2 per day of operation. Additionally, if your museum is hosting a live performance (DJ/singer/band) of copyrighted material, the fee is $5 per performance for the first twenty-five shows in the contract year. Any subsequent performances cost $4 each.

How do I obtain a license?

The easiest way to obtain a license is to visit the museum section on ASCAP’s website.

There you will find a contact form you can use to ask for the necessary paperwork needed to create an account and obtain your license. An ASCAP representative will contact you via email shortly thereafter with the information you requested.

Alternatively, you can contact ASCAP by telephone at 1-800-505-4052.

More resources ASCAP www.ascap.com

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ASCAP Brochure: Keeping You in Tune with the Copyright Law http://www.ascap.com/~/media/files/pdf/licensing/brochures/ascap_keeps_you_in_tu ne_with_the_copyright_law.pdf ASCAP Brochure: What Kind of Music Sounds Good in Your Establishment? http://www.ascap.com/~/media/files/pdf/licensing/general/brochures/what_kind_of_ music_sounds_good_in_your_establishment.pdf Recording rights for most publishers are represented by: Harry Fox Agency, Inc. http://www.harryfox.com Music Matters (a partnership between RIAA and the Music Business Association) http://www.whymusicmatters.com Recording Industry of America (RIAA) http://www.riaa.com U.S. COPYRIGHT OFFICE www.lcweb.loc.gov/copyright

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