BMI, music royalty, music publishing, music licensing, songwriter, copyright, composer

ASCAP & BMI - Protectors of Artists or Shadowy Thieves? By Harvey Reid www.woodpecker.com NOTE: I first wrote this article in 1993 when I became intrigued with the complexity of the music licensing system, and to help educate those who are affected by ASCAP, BMI and SESAC. I have been tinkering with it ever since trying to keep it more up-to-date, since I want to help shed some light on a complicated situation that has a large impact on musicians, music listeners and places where music happens. My experience is that musicians, venues and the general public know almost nothing of this system that has a great deal of influence in the music business, and involves nearly a billion dollars annually. These organizations exist by a strange set of legal circumstances, and are very little understood or regulated, yet they have a wide influence and control a lot of money in the modern music industry and in hundreds of thousands of places of business. A number of publications declined to publish this, not wishing to stir up too much trouble.

Copyright Limbo I’m sure it is no surprise to anyone that copyright is not a simple thing. When you deal in international law, things get even worse. As base, there are compositions that are under copyright protection, and there are compositions in the Public Domain (no copyright protection). Copyright Law and Public Domain Sound Recording Rule of Thumb: There are NO Sound Recordings in the Public Domain in the USA. Songs and Musical Works have always been protected under U.S. federal copyright law. But sound recordings and records were so new and rare in the early 1900s, they were not included in the Copyright Act of 1909.