ASCAP & BMI: Who Are They? What Do They Do? (2)
The Music Telegraph| 입력 : 2019/04/30 [10:53]
ASCAP & BMI: Who Are They? What Do They Do? (2)
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ASCAP |
BMI |
| Who Can Join |
Songwriters, composers, lyricists and music publishers, since 1914 |
Open only to music publishers from 1939 to 1950; writers able to affiliate commencing 1950 |
| Writer And Publisher Royalty Payments |
Four domestic and four incoming foreign distributions per year. Monies from all U.S.-licensed areas are distributed to writers and publishers every three months.
50% to writers and 50% to publishers.
Clearly defined objective and fair payment system.
Guided by a "follow the dollar" principle in the design of its payment system. In other words, the money collected from a particular medium (TV, radio, etc.) is distributed on the basis of performances in that medium.
Performances can be feature performances (visual vocal on TV, a song played on the radio, etc.), underscore (background music on a movie of the week or a weekly series), a theme song to a series, an advertising jingle, a promo or a logo. In radio, almost all performances are feature performances. On television, payments are based on when a performance occurs (network, cable, local television, etc.) and how a composition is used (feature, underscore, theme song, jingle, etc.)
Based on all of these factors, a performance will generate a certain number of credits which in turn are multiplied by a dollar vallue to arrive at a writer or publisher payment.
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Four domestic and four incoming
foreign distributions
per year to writers and publishers. Most U.S. monies distributed quarterly.
50% to writers and 50% to publishers.
Payment schedule lists minimum amounts due for some types of performances.
Most writers' and publishers' royalties are in the form of one-time "voluntary" payments over and above the minimum payment-schedule
rates. These "voluntary" payments may vary significantly from distribution to distribution and may also vary significantly between different types of performances. The size of each voluntary payment is determined each quarter by BMI management. These voluntary payments have ranged from 0% to more than 30% above the payment rate.
May move monies around (e.g. radio royalties distributed on the basis of television performances and vice versa).
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| Payment Changes |
Payment changes have to be approved by the ASCAP Board of Directors, the Department of Justice and, in certain instanecs, a U.S. Federal Court, on notice to the members who have the opportunity to be heard in court before a rule change becomes effective. |
All rates are subject to change at any time without advance notice to writer or publisher affiliates or to any agency or court. BMI has sent new schedules to affiliates in 1968, 1972, 1975, 1977, 1980, 1984, 1987, 1987 Revised and 1998. Each new schedule supersedes the provisions of the previous schedule. |
| Areas Licensed And Surveyed For Payment To members |
Local commercial radio and television, the major television networks, non-commercial radio (including National Public Radio and college stations), non-commercial television, cable services, background and foreground music services, airlines, colleges and universities, "serious" music concerts, pop concerts, new media, internet, certain ice shows and circuses; non-surveyed license fees distributed on the basis of feature performances on radio and all uses on television (background music, theme songs, etc.).
ASCAP uses a three-pronged approach to surveys for highest levels of performance data accuracy. Surveys use a combination of the most advanced digital tracking technologies, data provided by licensees, and an inhouse staff of music experts.
In radio, ASCAP conducts separate surveys of country, latin, jazz, urban contemporary, religious, classical, ethnic, and pop music stations so that the total monies collected from those genre-specific stations are paid to the writers of works with performances on those stations.
Specific distribution formulas applicable to all surveyed areas and for all types of performances.
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License same general areas as ASCAP.
No specific payment formula is set forth in the BMI payment schedule for any licensed area other than network television. local TV and radio.
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| Live Performance Royalties |
Royalties are paid for all performances by headliners and opening acts in the 200 top-grossing U.S. concert tours, as well as selected other major live performance venues. Live performance payments commenced in 1993. |
Commenced paying on live concert performances in 1996. |
| College Radio |
Has surveyed and paid on college radio performances since 1979. |
Has surveyed and paid on college radio performances since 1989. |
| Internet |
The first American performing rights organization paying its composer, writer and publisher members for music performances on the internet beginning in June 1997.
ASCAP's EZ-Eagle™ Internet licensing tool identifies highest value music sites, captures song title information, identifies user and automatically sends licensing materials. EZ-Eagle™ can also decode watermarking technologies and provides a technical partnership with Cyveillance, the leader in intellectual property monitoring for the internet.
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Some payments to affiliates made in 1998 for performances on the internet.
BMI MusicBox™ Version 2.0 links song titles found on the Web with the names of the works' songwriters and music publishers.
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