ASCAP--Do I need it?

DJ_Enki

I'm going to be putting out a 12-inch before too long. Nothing too crazy, probably only 1000 copies pressed to start, uncleared samples, the whole nine. It will be handled by a distributor (several distributors, actually), it will be pushed internationally, and it'll probably have a bar code.So...should I sign up with ASCAP before putting this thing out? Should I establish a production and/or publishing company? What are the advantages of doing ASCAP versus not signing up? Are the uncleared samples going to present a problem? Industry-knowledgeable folks, help!

Supergood

I believe the main advantage to being signed up with ASCAP/BMI is that you'll receive royalty checks if your tracks are played on the radio or in ASCAP/BMI-registered establishments (mall, restaurant, bar, etc).

SG

DjArcadian

Doesn't it cost something ridiculous like $10,000 to do this?

Supergood

Not that I recall. I'm registered with BMI. I can't remember how much I paid, though. Must've been something like ~30 USD...Definitely wouldn't have paid more than that.

SG

DJ_Enki

Doesn't it cost something ridiculous like $10,000 to do this?

I hope not, but if it does, then the hell with it.

lotusland

Doesn't it cost something ridiculous like $10,000 to do this?

that is a myth.

ascap-bmi shoudln't cost more than a small membership charge.

the real question is do you publish songs with uncleared samples in them? would you have to get the samples cleared first?

crossings

ASCAP or BMI aren't gonna entitle you to any royalties if you're using uncleared samples though. they'll probably want a detailed description of every song dissected for that track... so if you think that the amount of samples used (in other words, the amount of other people that need to get paid as well) outweighs what you would be making in royalties [percentage wise]... then i would just go the underground route and do a stones throw.

Jonny_Paycheck

wrong wrong wrong.

BMI will ask you if your work incorporated the works of others. You will answer yes or no.

You will not be forced to clear samples, nor will you be forced to declare them if you don't feel like it. It's a yes or no question. You can answer yes, or alternately, no.

DJ_Enki

wrong wrong wrong.

BMI will ask you if your work incorporated the works of others. You will answer yes or no.

You will not be forced to clear samples, nor will you be forced to declare them if you don't feel like it. It's a yes or no question. You can answer yes, or alternately, no.

OK, that's encouraging. But what's the penalty if I'm caught lying? Do they just boot me out?

Jonny_Paycheck

btw the process is basically the same for both. Correct on membership fee being $100. publishing music has nothing to do with clearing samples, it is two separate processes that only come together when you ARE clearing samples, so for instance Stones Throw publishes all their work even if they aren't clearing the samples on it.

crossings

well, if you wanna LIE and say that your work doesn't incorporate any samples when it does... then that's all you. but legally, there is a reason that they ask... and if the answer is yes [which in this case it would be], you would be asked to list all samples... so i don't see where i'm wrong. i work for a copyright clearinghouse in los angeles by the way.

Jonny_Paycheck

who is going to catch you lying? ASCAP/BMI do not ask you to submit the music, you can register songs over the frigging internet.

Look I am not going to tell you to lie, that is your decision. Yes you will be asked to list samples if you answer "yes". I am telling you want many, many, many people have done and continue to do.

You shouldn't worry about clearance dude. If your song ever gets big enough for it to be an issue you will receive a cease & desist and you can address your royalties situation at that time.

DJ_Enki

You shouldn't worry about clearance dude. If your song ever gets big enough for it to be an issue you will receive a cease & desist and you can address your royalties situation at that time.

Yeah, I can't imagine that this thing would ever get large enough that uncleared samples are really gonna become a major issue. I mean, I hope it blows up, but realistically, I doubt it.

But it sounds like if I want to keep putting out music in the future--and I do--that I should register with BMI/ASCAP.

crossings

personally... i would just do it the underground route... unless you feel that it's a song that is going to get LOTS of radio play, will be sold on napster/itunes, or used as a ringtone or something (which only happens with more popular music). also remember that you can always go back and register it later [the proper legal way] if really necessary, but if you're just trying to get a 12" out there, don't even worry about the legalities until you've signed a contract of some sort.

Jonny_Paycheck

You shouldn't worry about clearance dude. If your song ever gets big enough for it to be an issue you will receive a cease & desist and you can address your royalties situation at that time.

Yeah, I can't imagine that this thing would ever get large enough that uncleared samples are really gonna become a major issue. I mean, I hope it blows up, but realistically, I doubt it.

But it sounds like if I want to keep putting out music in the future--and I do--that I should register with BMI/ASCAP.

You should definitely register.

But you will be getting paid ~ 6 cents per minute of music on the airwaves, so assuming DJs play a full 2 minutes of your song you will be owed a whopping 12 cents per spin. which without BDS will end you up with a royalty check probably south of $100 even if you have a successful indie record. Don't worry about the sample clearance issue.