Did You Know - ascap

Did You KnowAn ASCAPLicense...• Includes over 8 million works?• Includes the work of over330,000 songwriter, composerand publisher members?• Includes the repertories of over80 affiliated societies from allover the world?• Saves you the time, paperworkand expense of negotiating individuallyfor each musical workthat may be performed at eachof your concerts each year?

Q&AAs a concert promoter youprobably already know youneed permission to presentmusic to the public, but doyou know why?Music is like all personal property–when you wantto use it, you need permission. Music belongs tothe songwriters who create it and publishers whomarket it. Songwriters have to make a living too.That’s why, in order to play their music to entertainthe public, you must, by law, obtain permissionfor each song.

Did YouKnow?ASCAP Members...DOMINATEDThe Billboard Charts * :9 of 10 Hot 100 Songs9 of 10 Hot Adult R&B Songs9 of 10 Pop 100 Songs9 of 10 Hot Latin Songs9 of 10 Hot R&B Hip-Hop Songs9 of 10 Hot Christian Songs8 of 10 Top Soundtrack Singles8 of 10 Hot Country Songs8 of 10 Hot Mainsteam Rock Songs8 of 10 Hot Digital Tracks*Based on year-end statistics for last year available

Q&AHow do you obtainpermission to performmusic?It is impossible for copyright owners to knowof every conceivable use or performance of theirworks, and it would also be difficult for users ofmusic to locate all the copyright owners and negotiatelicenses for all of the works that might be used.So writers and publishers of musical works authorizecollective licensing organizations like ASCAP tolocate and license public performances of theirworks. ASCAP, the American Society of Composers,Authors and Publishers, makes giving and obtainingpermission to perform music simple, providing avaluable service to businesses and creators alike. AnASCAP license grants music users the right to performany of the music in ASCAP’s repertory as oftenas they like.ASCAP is the largest performing rights organizationin the world, made up entirely of composers, songwritersand publishers. Our massive repertoryincludes every kind of music under the sun, includingrock, country, pop, jazz, R&B, blues, hip-hop, rap,alternative, folk, Christian, gospel, adult contemporary,show tunes, symphony and concert music.

Q&AWhere do the license fees go?To the women and men who write and publish themusic. Over 88 cents of each dollar we collect goesright back to our members and to the members ofaffiliated foreign societies whose works are representedby ASCAP in the U.S. The information you furnishon the works performed in your concerts is usedto distribute royalties to the writers and publisherswhose works are performed. ASCAP’s operating ratioof less than 12% is among the lowest in the world.Why must you, rather thanthe musicians who performat your concerts, be responsiblefor obtaining permissionto use the music?As a matter of law, everyone who participates in anunlicensed performance is responsible, includingmusicians and promoters. In practice, concert promotersand/or presenters obtain licenses as a businessexpense.

Q&AHow does the blanketconcert license work?Under the blanket concert license, you pay licensefees, based on “gross revenue” for all concerts youpresent. Gross revenue means all monies youreceive, or is received on your behalf, from the saleof tickets for each concert. Gross revenue does notinclude per-ticket amusement, entertainment or salestaxes; commissions or fees paid to automated ticketdistributors, such as Ticketmaster; per ticket theatrerestoration or other facility fees; or, parking feeswhen included in the ticket price.Important: you are not required to keep track ofthe music performed at each concert, but youshould send copies of programs or set lists whereavailable. The information you furnish helps us payroyalties to the writers and publishers whose worksare performed.You need only send a report to ASCAP at the end ofeach quarter (on forms ASCAP supplies) and pay theappropriate blanket license fee for each concert.

What other concertlicenses are available?The per concert license may better suit your needs ifyou present concerts at which copyrighted music isonly rarely performed or if you present only a fewsmall events each year. The per concert fees are alsobased on “gross revenue,” but are paid only for concertswhere works in the ASCAP repertory are performed(rather than for all concerts, as required bythe blanket concert license). But, under the per concertlicense, on a concert-by-concert basis the licensefee for each concert containing a work in the ASCAPrepertory is considerably higher than the blanket concertlicense fee. Under the per concert license, youmust submit a program, set list or other report detailingall of the works performed in each concert. If youdo not submit a program, you pay a fee regardless ofwhether ASCAP music was used.

Q&AHow and when do youreport and pay?ASCAP will provide you with quarterly report forms.At the end of each quarter, you will submit completedforms for all the concerts you presented providinginformation on each date presented; the name of theattraction(s) appearing; the name, location and seatingcapacity of the venue where the concert was presented;and the “gross revenue” of the event. Underour blanket license, the fee will be due with thereport. Under the per concert license you will receivean invoice listing each concert containing music inthe ASCAP repertory.What is the fee basis?The fee for most events is based on the “gross revenue”of the event. There is a separate rate schedule,based on seating capacity, for certain free and“benefit” events.

Q&AWho reports and pays forco-promoted events?If you present, sponsor or promote a concert withsomeone who is licensed under an ASCAP Concert &Recital License Agreement, you will still need toreport that event and provide the name, address,phone number and ASCAP account number of theother party. You will also need to advise us who willbe responsible for payment. If the other presenter isnot licensed under an ASCAP Concert & RecitalLicense Agreement, then you will be responsible forpaying the license fee due – even if you have anagreement to the contrary with the other party.For your convenience, reporting can be done online atwww.ascap.com/concertreporting/licensee/welcomelogon.asp.Does the number of worksin the ASCAP repertorywhich are performedduring a particular concertmake a difference in the fee?The license fee for each concert, whether licensedunder the blanket or per concert license agreement,does not depend on how many ASCAP works areperformed in the particular concert.

Why doesn’t the rental orpurchase of CD’s or sheetmusic give us the right toperform that music?Copyright owners enjoy a number of separaterights, including performing rights, recording rightsand the right to reproduce (print) and distributecopies of their works. Rental or purchase of musicdoes not authorize its public performance.Are dramatic or “grandrights” performancesincluded in the license?No. ASCAP members only grant ASCAP the right tolicense non-dramatic public performances of copyrightedmusic in the ASCAP repertory. For example,the ASCAP license does not authorize performanceof an opera or a Broadway musical, but it doesauthorize performance of individual selections fromoperas and musicals. In general, the performance ofmusic as part of a musical comedy, opera, play withmusic, revue or ballet presented in its entirety isconsidered to be dramatic, as would the performanceof one or more musical selections from such amusical or opera accompanied by dialogue, pantomime,dance or stage action. Rights to presentdramatic performances are obtained directly fromthe copyright owners.

Q&ADo college and universitypresenters need an ASCAPlicense?Presenters who rent the local college concert hall orauditorium and promote concerts themselves or whoco-promote an event with the college need an ASCAPlicense (or written permission from individual ASCAPcomposers and their publishers). Presenters whowork directly for any of the colleges and universitiescurrently licensed by ASCAP, such as a universityrecital series, are covered by that license. Of course,if the college or university does not have a currentASCAP license, the presenter would need to obtain aseparate license.Must you sign anASCAP concert licenseagreement?No, but you must obtain authorization to perform ourmembers’ music. You can also obtain permissiondirectly from the copyright owner. But ASCAPprovides a valuable service to businesses and organizationsthat use copyrighted music—by helping youeasily meet your responsibilities. Your ASCAP licensefee allows you to use lawfully in all of your concertsany of the millions of songs we represent. In short,the ASCAP license is music to everyone’s ears.

What happens if you useASCAP music withoutpermission?If you choose to use someone's musical propertywithout permission, the law provides that a court canassess penalties for infringement between $750 to$30,000 for each song infringed, and can require youto pay the copyrights owners' attorney's fees andcourt costs.Do I have access to anyother benefits throughASCAP?As a valued customer of ASCAP, you can enjoy allof the benefits of the ASCAP Customer Card. Theselection of benefits includes insurance, discounts ontravel, business services, promotional merchandise,wireless products and financial services!A SCAPCUSTOMER CARDOak Street Grill CUSTOMERSINCE1998AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS

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