[Dixielandjazz] Copyright

[TCASHWIGG at aol.com]

Hi Rocky:

If they are original compositions by you and or your acts that are not signed 
to a licensing agreement with Ascap, BMI or Sesac then no you are not 
obligated to pay them anything, and they are also not allowed to collect any 
royalties on your behalf from anyone else unless you become a member of their 
organization and specifically give them permission to do so.

On the other hand if you record songs composed by any of their signed artists 
then you are obligated to pay the statutory royalty rate for each recording 
you manufacture and sell with one of their songs embodied in the work.

This however is a very simple procedure, you apply for a statutory licensee 
to record and distribute the song, they will give one to anybody, then you are 
sort of left on your own to tell them how many copies you manufactured and 
sold.  They are so lazy that they will more than likely never correspond with you 
again other than the original agreement to licensee you to do it.

They will always figure that you are such small potatoes, that you will never 
sell enough copies to even try to collect any royalties from.  And they are 
correct, unless of course you hit the lottery and got a million seller, then 
they would be on your doorstep in the morning with a bus load of accountants and 
lawyers.

Basically you just ignore them after asking for permission.  If you happen to 
know the artist personally who should get the royalty, then you can always do 
the right thing by them and send them a check directly.  It will more than 
likely be the only check they ever get for the song.

Ascap, BMI and Sesac make their real money by accessing the Radio Stations 
and Television stations Major Record labels and live performing venues a 
percentage of their advertising and live performance ticket sales, and thereby 
collect more money than even they can spend.  They also get a piece of all that 
blank tape and CD ROM royalty fee built into all sales.  And no you can bet they 
never give any of it to the recording artists copyright holders either, after 
all they don't know who the people who bought the blank tapes recorded now do 
they?

Cheers,

Tom Wiggins