Performance Royalties

Susan asked (in a private message):

     > Do you also have to obtain rights to perform
     > published music if you are selling tickets
     > (we're non-profit 501c3)?  
No. The only thing that has to happen is somebody has to pay the royalties. YOU MUST PAY WHETHER YOU ARE CHARGING ADMISSION OR NOT unless you are (1) in a classroom teaching or (2) in a church during a religious service.

Who has to pay???

If someone is paying you to perform, like a theatre or a festival, THEY are responsible. If you are putting on your own concert, YOU are responsible.

The good news: It's REALLY cheap. Call ASCAP and BMI and talk to them. They're REALLY friendly - they're so glad you're actually volunteering to pay. ASCAP fees are based on seats available for sale. BMI just changed their rates to be based on seats actually sold, and I don't have those new rates in front of me.

Here's an example:

If you're putting on a concert in your church, and there are 300 seats available, and you're charging NOTHING, then your fee to ASCAP would be $11. Yeah. For the whole show.

If you're putting on a concert in your church, and there are 500 seats available and you're charging $10 per person, your fee to ASCAP would be a whopping $44 for the whole show.

Remember, some composers and publishers are registered with ASCAP and some with BMI. You can find out on the web sites where those folks are registered, and if you are only playing ASCAP music, you only need to pay ASCAP. Or if you are only playing BMI music, then you only pay BMI. Or, more likely, you're playing both, so you'll pay both. BMI rates are comparable - maybe a little higher by a dollar or two.

How do you pay? You register with ASCAP and BMI (ask for a "site license"), and they send you a form quarterly where you fill out how many shows you've done (that YOU were the promoter on), and what the seating capacity was, and enclose your check. No, you don't have to tell them what music you played. They make it easy, so you'll DO it.

Remember, if a theatre or a festival or anyone else hires you, THEY are responsible. As a precaution, we have in our contracts a place where the venue can check off that they have ASCAP and BMI licenses.

Hope this helps!

Written by:

Rima
rima@campanilemusic.com
Campanile, Los Angeles
27 Apr 1998

Archived original can be found at: Re: rights to perform