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Showing posts with label ASCAP. Show all posts
Showing posts with label ASCAP. Show all posts

Get Paid Through ASCAP onStage!

9:39 PM Secrets of the Music Industry , Posted in , , , , , , , , , 0 Comments

Get Paid Through ASCAP OnStage No Matter The Venue Size?

 

 

Image via ASCAP

 

ASCAP is known for the royalty payments it pays member songwriters and publishers. Members have their songs performed at venues, the songs are documented, and ASCAP pays a royalty...simple right? Unfortunately, all venues do not qualify. Typically, the rule is for a venue to pay ASCAP a license fee or to have 3,750 sq. feet or more. What if the venue doesn’t pay the license or it is not that large?

 

Welcome ASCAP onstage!  If you are a songwriter and have been to one of my workshops, you know I am BIG on ASCAP. This service helps find money for the indie performer who may do gigs at smaller venues than typically monitored. Does this sound like you? Then check out the website and pull up the FAQ to learn more.

 

According to “ASCAP.com” (2014), “OnStage allows writer members receiving royalties via direct deposit to notify ASCAP of their live performances via member access. This data is processed and a royalty is distributed to the writers and publishers of the songs based upon the license fee paid by the respective venue. ASCAPOnStage is not a platform for reporting classical events, i.e., performances in the Symphonic, Recital and Educational fields”. So, for specific information on what is paid for your music, go to the site because it will answer a lot of your questions.

 

If a guided tour is more your style, reach out. I’m here to help songwriters, producers, & artists navigate their career with industry knowledge and training.

Give me a call at 646-480-2353 and leave your Name, Best Email, and Question/Need so we can get the conversation started. Thanks for reading.

 

About Author

 

Bryan Bell, owner of 2BMusicPro.com, has his Masters in Business, educated at UNC-Chapel Hill & Full Sail University.  Also, he is a trainer of Pro Tools,  Songwriting Technique, & Business Development including:  Publishing, Business Planning, and Artist Development Plans of Action. Moreover, he is a native of North Carolina, a son, dog lover, and entrepreneur with a vision of bringing larger entertainment / tech based corporations to his home state through Music/Tech Festivals called EMusic Events.


Sources: 


ASCAP.com (2014).

 

Home of Industry Engineer & Mind 2BPro, visit www.2BMusicPro.com for your next music project!

Legal Corner: Interview with Entertainment Lawyer, Charles Blackmon

4:04 PM Secrets of the Music Industry , Posted in , , , , , , , , 0 Comments


Interview with Charles Blackmon, Entertainment Legal Attorney

QUESTION:

Hi Mr. Blackmon, I’ve already shared with you my plans to create an Entertainment Industry focused Business Plan/ Funds Raising company called B.E. nBusiness, and I have lined up a client looking to create a music production company in NC. My first question comes from them in reference to proper sample clearance. It doesn’t seem to matter if it is a drum break or royalty free cd with pre-recorded music; it all seems to need clearing if used to create something new. Radio play is the goal for many producers and clearing samples ahead of time seems to raise the asking price for a track when others are looking to purchase it.

What steps should a producer go through if they sample? Is there anything that doe not need clearance? Can a producer copyright material if they have a sample in the track, if it isn't cleared?

I know I just asked several questions, but please take me through the process because it is definitely a topic I will run into time and time again working with different clients based in intellectual property laws.

CHARLES BLACKMON’s RESPONSE:

Clarify the position on producers, which use 'samples' in their tracks; whether that's a pre-recorded loop or a drum break.

You are right; many producers use samples, which sometimes include drum breaks. Samples are portions of another song within a new song. A sample can either be taken from an actual sound recording or derivative of a sound recording.   A drum break, is a pattern of drum beats played as an instrumental during the break in a song and is often used as a "fill" in a song. Since the evolution of hip hop, producers to create a drum loop have used drum breaks.

The producer's first step to clear a sample is to identify who the owner/publisher is of the sampled work; one way of finding out such information is to check the jacket covers of the CDs. Second, a producer can contact the performing rights organizations (ASCAP, BMI, and SESAC) to obtain contact information on the writer/publisher. Thirdly, a producer can visit http://www.copyright.gov/ to conduct an online search of the Library of Congress' records; and fourthly, a producer can hire a sample clearance house to handle things.

If the musical work you seek to register with the copyright office embodies a "sample", copyright protection will not extend to the incorporated "sample" [the preexisting material]. The creative expression of the original work contributed by the author is independent of any copyright protection in the preexisting "sampled" material.  Therefore, you can seek copyright protection in a work that embodies a "sample", but the "sample" embodied in your work will not be copy written.

Disclaimer: The content of this article is only an opinion. Do not use the ideas outlined in this article as a substitute for legal counsel. 

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