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Author Topic: ASCAP, BMI, or neither?  (Read 2822 times)

Offline kodacolor

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ASCAP, BMI, or neither?
« on: May 17, 2009, 09:16:40 PM »
Even though I'm not done writing this song I can't help but think about what I should do after the song is written. I'm the type of person that if I can plan for it before I have to cross that bridge I will. 

I'm reading up about BMI and ASCAP.  So far they sound decent.  I'm leaning more towards BMI because they cover works done for CDs as well as TV and Film.  I'm a Radio/Television/Film major and I'm going to be using my music (and suggesting that my music be used) for productions.  Personally I like to go around and google things like, "ASCAP is horrible" and "Broadcast Music, Inc sucks" just to see negative testimonials and to see if I can take the good with the bad.  Unfortunately whenever I type in "BMI" or "Broadcast Music, Inc" I get the Body Mass Index haters.  :(

One site was saying how you didn't need a ASCAP or BMI.  Has anyone had any experience with this.  I don't think this would be wise for someone who doesn't have and can not afford and entertainment lawyer right now...or does it matter?

What has been your experience with ASCAP, BMI, or Independence Licensing/Registering?  (also is songregistration.com a scam?  The site looks so unofficial that I can't even begin to take it seriously.  Then again it could be legit, but their webmaster stinks.)

BTW: The song that I'm writing is for this group that I'm in.  This summer we hope to get more gigs and maybe studio time...but I don't know when.  I'm I thinking too far into the future or should I be copyrighting and registering songs as I go along?

Offline BigFoot_BigThumb

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Re: ASCAP, BMI, or neither?
« Reply #1 on: May 17, 2009, 09:33:37 PM »
I just signed with BMI about 3 weeks ago.  I have yet to actually register a work, but I have some things that will be coming out towards the end of the year so I went ahead and registered.  Many of my friends that have work out there highly recommended BMI as they are already signed with them. 

In my experience, I saw them to be a little more personable as I have personally interacted with several of their employees in business and social settings.  I really weighed the two out, and just kept coming back to BMI.  The main thing with those companies is that they track the plays of your work and make sure you're paid contingent upon you properly reporting and registering your work upon completion.  As for those testimonials, I wouldn't give them much weight.  Some people just like to stir up trouble on the net.

Not to throw a monkey wrench into an already difficult decision, but have you looked into SESAC?   

As or songregistration.com. if they ask you to pay some kind of fee, then they just want your money, and you may actually be signing away the rights to your songs.  Most people don't take the time to read all of that small print and fall for the okey doke.  I'd walk away from them.  As for copyrighting your work, you can do a "poor man's" copyright by mailing a sealed copy to yourself, get a postmark on it, and keeping it sealed and it can be just as good as going through paying some fly-by-night company.   
When you've done your very best, do even better.

Offline betnich

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Re: ASCAP, BMI, or neither?
« Reply #2 on: May 17, 2009, 09:38:35 PM »
First of all, congratulations, and God bless your faithfulness in your ministry...

Copyright exists once you have created a song. For your peace of mind, register your song with the US Copyright office (Form PA, i think it's www.copyright.gov ) It's about $50 per song or collection now. Also if you make a recording for sale, get that registered too.

Eventually a recording company may show an interest in your song. In the case of the one song I got published it was an independent label who had heard a friend sing it, then a bigger one that picked it up. That is the point where a composer joins BMI, ASCAP, or the smaller christian-oriented SESAC. Of course you may also self-publish, and sell your own recordings - in that case you can join both as writer and publisher (2 different memberships)...

Offline kodacolor

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Re: ASCAP, BMI, or neither?
« Reply #3 on: May 17, 2009, 09:47:23 PM »
Not to throw a monkey wrench into an already difficult decision, but have you looked into SESAC?   

From what I read about SESAC you have to be invited to join.

As or songregistration.com. if they ask you to pay some kind of fee, then they just want your money, and you may actually be signing away the rights to your songs.  Most people don't take the time to read all of that small print and fall for the okey doke.

That's the vibe I got from it.

As for copyrighting your work, you can do a "poor man's" copyright by mailing a sealed copy to yourself, get a postmark on it, and keeping it sealed and it can be just as good as going through paying some fly-by-night company.   

So the reason you have to keep it sealed is because the paper, tape, CD, etc isn't marked with a copyright date, just the envelope, correct?

Offline BigFoot_BigThumb

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Re: ASCAP, BMI, or neither?
« Reply #4 on: May 18, 2009, 02:26:10 AM »

So the reason you have to keep it sealed is because the paper, tape, CD, etc isn't marked with a copyright date, just the envelope, correct?

that's where the postmark comes in.  It gives the work a timeline of creation.  Sending it to DC is a viable option as well.  I just didn't take the time to look all of that up.  Thanks Betnich. 

Oh, and as for self-publishing, it can make you a little more money in the long run if you choose to go that route.  But when you're first starting out, it can be a major pain to have to track and keep up with all of the plays, spins, etc. if it was to go big.  If you're cool with that, buy all means go for it. 
When you've done your very best, do even better.

Offline betnich

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Re: ASCAP, BMI, or neither?
« Reply #5 on: May 18, 2009, 11:48:00 AM »
Self-publishing is more setup, bookkeeping, etc. - but you do get to keep ALL your royalties. It's standard for Publishers to take a 50% cut of a writer's royalties, but if you have your own publishing company, you get to keep most of that.

Of course it's up to you which way to go...

Offline jlc4703

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Re: ASCAP, BMI, or neither?
« Reply #6 on: May 18, 2009, 12:11:20 PM »
Do NOT rely on the "poor man's copyright" - you will likely remain poor.
Fee to efile is only $35, and is valid for either a single work or a collection of works by the same author (or group).

See http://www.copyright.gov/forms/ for details.

If you mail a letter to yourself and keep it sealed, and someone else gets a proper copyright on the same song - you will lose in court, doesn't matter when the envelope was postmarked.

If you happen to write the next mega-hit and the royalties amount to thousands, would be a real shame to have a $34 difference mean someone else gets all the royalties.
Jim Cason
Faith is the substance of things not seen
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