I saw this question in a comment on Todd Brabec’s video on ArtistsHouseMusic’s channel. He asked:
“[sic] what does ascap do for me if i sell an audio clip (copyrighted/registered with ascap) through a royalty free site, and that clip ends up in a tv show/documentary that is being aired alot?”
When you join a performing rights organization (PRO), you essentially put on a suit of water-proof armor that protects you from music publishing companies that act as cold-blooded sharks–versus the music publishing companies that stand strong as a hawk, scoping out for your best interests with fair payments to each involved.
It costs a little bit of energy to create and wear this suit of armor that costs $35 to wear initially–and then a bit of your percentage to cover the companies’ costs. With these costs in mind, though, PROs protect you from the financial bloodletting of your music, say, from some music publishing company that wants its hands in your pocket.
Find a PRO When Working With
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Music Publishing Companies
Performing rights organizations will collect your royalties, especially if played on national TV, regardless of what work-for-hire or royalty-free agreement you establish with another site or person directly. At the least, they’ll make it very painful for whatever music publishing companies that attempt to use your work for less than you deserve.
BMI’s a little more vague and tiered in their payment system, but at least consider ASCAP’s philosophy:
“As a condition of membership, all ASCAP members agree that the writer – and not the writer’s employer – will be paid the writer’s share of ASCAP performing rights royalties, even in work-for-hire situations. ASCAP’s Articles of Association provide that writer royalties “shall not be sold or otherwise disposed of.” Therefore, with very few exceptions, ASCAP will not honor an irrevocable assignment of writer’s royalties. We strongly believe that music creators should benefit from their work. Period.” (ASCAP’s Payment System: Introduction)
No matter what you might do with your music behind the scenes, companies like ASCAP (and, likely, BMI) will help ensure that you get the pay you deserve.
Be Your Own PRO When Working
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With Music Publishing Companies
Still, on the other side of this pancake, You still need to create a powerful system of defending yourself from “Shark” music publishing companies– or companies out to draw in money just for themselves without care for what’s fair to the artist. This powerful system such as education on music publishing, connecting with fans on multiple platforms like YouTube and Facebook and SoundCloud (who will help defend you and your music for you), and finally creating a relationship with a trustworthy music publishing company representative. You need to actively represent yourself and draw your money in, because “Those who snooze will be abused” according to Eric Beall. Here’s a quote from his website:
“It now seems that every record label uses songs without mechanical licenses in place, theater shows routinely drop songs into a revue without clearing the dramatic rights, advertisers sign sync licenses long after ads are on the air, and everyone pays late, if at all. It takes a new kind of tenacity to get paid, and only those who are the most persistent, the most unrelenting, and the nastiest will get their money. You can’t just put your registrations in place and wait for the payment to show up. Those who snooze will be abused.”
You always have rights no matter what you do. It is possible to sell your musical soul to the devil, but the musical society has leaned the odds in your favor when it comes to collecting rights for your music.
The Journey Ahead
There are plenty of sources to observe when it comes to protecting yourself from “Shark” music publishing companies, including the PRO websites. Furthermore, you can observe more in our blogwhen it comes music publishing companies, because, well, we’re the “Hawk” music publishing company.
You deserve to get paid for the value you create.