the artist singing, the musicians playing, the entire production). A music publisher owns the song (that is, the words and music) and a record company owns the "sound recording" (that is, what you hear. If you want to make copies of, or re-record an existing record, tape or CD, you will probably need the permission of both the music publisher and the record label. ASCAP licenses the performance rights for the music of its members. However, artists/musicians who are songwriters can become ASCAP members. Those rights, known as mechanical and synchronization ("synch") rights, are licensed by writers or publishers.ĪSCAP does not license the right to print copies of musical works nor does it license rights to make adaptations or arrangements.ĪSCAP does not license rights for recording artists, musicians, singers or record labels. For more information on "dramatic" or "grand" rights and the distinction between dramatic and nondramatic performances, click here.ĪSCAP does not license the right to record music on a CD, tape, or as part of an audio-visual work such as a motion picture, video or TV program. ASCAP members who write musical plays, operas, or ballet scores deal directly with those who want to perform our members' works "dramatically." While ASCAP does not license "dramatic" or "grand" rights, or dramatic performances of its members' music, an ASCAP license does authorize nondramatic performances of songs from dramatic productions. There are over 100 different ASCAP rate schedules covering almost all businesses that perform music.ĪSCAP does not license "dramatic" or "grand" rights, or dramatic performances. See the complete list of ASCAP license types on this website. A public performance is also one that is transmitted to the public, for example, radio or TV broadcasts, and via the Internet.ĪSCAP's customer licensees include: Airlines, Amusement Parks, Bars, Restaurants & Nightclubs, Colleges & Universities, Concert Presenters, Music Venues & Clubs, Convention & Trade Shows, Fitness Clubs, Hotels, Local Government Entities, Radio & Television Stations and Networks, Mobile Entertainment, Websites, Retail Stores and music users in a wide variety of other industries. A public performance is one that occurs either in a public place where people gather (other than a small circle of a family or social acquaintances). For example, if a TV or film producer acquires the performance rights to your music through an irrevocable license, or "buy-out" deal, you will not be able to receive public performance royalties when that show or film is sold or licensed to a downstream music user, or shown or broadcast in a foreign territory.ĪSCAP cannot answer inquiries concerning payments for direct or source licensed performances.ĪSCAP cannot audit the music user or program producer on your behalf.ĪSCAP cannot make up the difference in performance royalties if your ASCAP royalties would have been greater than what you received under the direct or source license.Īlthough ASCAP cannot advise you on what terms you should seek in a direct or source license, ASCAP may be able to provide you with information on what you might earn in ASCAP royalties if we were to license those performances for you.ĪSCAP licenses the public performances of its members' musical works. There may also be instances in which a direct or source license might impact your ability to earn royalties from other music users. Keep in mind that while music users and program producers may offer up-front, lump-sum payments, it may be difficult to value or predict the future commercial success of your musical works. You may also wish to assess the importance of your specific works or catalog to the music user's business. You should attempt to obtain as much information as possible about when and how the music will be used and the license terms being offered to others. You should consider seeking the advice of a music attorney or business advisor before entering into a direct or source license.
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