American Society of Composers, Authors and Publishers
|This article needs additional citations for verification. (August 2010)|
|American Society of Composers Authors and Publishers|
|Formation||February 13, 1914|
|Headquarters||New York City, United States|
The American Society of Composers, Authors and Publishers (ASCAP //) is an American not-for-profit performance-rights organization (PRO) that protects its members' musical copyrights by monitoring public performances of their music, whether via a broadcast or live performance, and compensating them accordingly.
ASCAP collects licensing fees from users of music created by ASCAP members, then distributes them back to its members as royalties. In effect, the arrangement is the product of a compromise: when a song is played, the user does not have to pay the copyright holder directly, nor does the music creator have to bill a radio station for use of a song.
In 2012, ASCAP collected over US$941 million in licensing fees and distributed $828.7 million in royalties to its members, with an 11.6 percent operating expense ratio.1 As of July 2013, ASCAP membership included over 460,000 songwriters, composers, and music publishers.2
Unlike collecting societies outside of the United States, ASCAP contract is non-exclusive,3 and although it is not so simple for a foreign person to join ASCAP, it is possible. ASCAP has an office 4 in the United Kingdom. As the artist agreement is non-exclusive, authors can license using a Creative Commons license. Analyzing the ASCAP bill of rights, it states, "we have the right to choose when and where our creative works may be used for free". If an author is going to use a Creative Commons license with another's works, this is the only author's rights organisation that has a non-exclusive contract that a foreign person can join.citation needed If an author uses a Creative Commons license and is not a member of a performing rights organisation, and the works would generate royalties, these royalties are collected and given to publishers and artists that are members of these organisations.
ASCAP was founded by composer Victor Herbert at the Hotel Claridge in New York City on February 13, 1914, to protect the copyrighted musical compositions of its members, who were mostly writers and publishers associated with New York City's Tin Pan Alley. ASCAP's earliest members included the era's most active songwriters—Irving Berlin, Otto Harbach, James Weldon Johnson, Jerome Kern and John Philip Sousa. Subsequently, many other prominent songwriters became members.
In 1919, ASCAP and the Performing Rights Society of Great Britain (since 1997 known as PRS for Music), signed the first reciprocal agreement for the representation of each other's members' works in their respective territories. Today, ASCAP has global reciprocal agreements and licenses the U.S. performances of hundreds of thousands of international music creators.
The advent of radio in the 1920s brought an important new source of income for ASCAP. Radio stations originally only broadcast performers live, the performers working for free. Later, performers wanted to be paid, and recorded performances became more prevalent. ASCAP started collecting license fees from the broadcasters. Between 1931 and 1939, ASCAP increased royalty rates charged to broadcasters more than 400%5
In the late 1930s, ASCAP's general control over most music and its membership requirements were considered to be in restraint of trade and illegal under the Sherman Anti-Trust Act. The Justice Department sued ASCAP in 1937 but abandoned the case. The Justice Department sued again in 1941, and the case was settled with a consent decree in which the most important points were that ASCAP must fairly set rates and not discriminate between customers who have basically the same requirements to license music, or "similar standing." Also, anyone who is dissatisfied with the terms they can negotiate with ASCAP or otherwise are unable to get a license, may go to the court overseeing the consent decree and litigate the terms they find objectionable, and the terms set by the court will be binding upon the licensee and ASCAP. BMI also signed a consent decree in 1941, although the terms were much more favorable to BMI than those applied to ASCAP.7
In 1940, when ASCAP tried to double its license fees again, radio broadcasters formed a boycott of ASCAP and founded a competing royalty agency, Broadcast Music Incorporated (BMI). During a ten-month period lasting from January 1 to October 29, 1941, no music licensed by ASCAP (1,250,000 songs) was broadcast on NBC and CBS radio stations. Instead, the stations played regional music and styles (like rhythm and blues or country) that had been traditionally neglected by ASCAP. Eventually, the differences between ASCAP and the broadcasters were settled, and ASCAP agreed to fees much lower than in preceding years.citation needed
ASCAP's membership diversified further in the 1940s, bringing along jazz and swing greats, including Duke Ellington, Count Basie, Benny Goodman, and Fletcher Henderson. The movies also soared in popularity during the 1930s and 1940s, and with them came classic scores and songs by new ASCAP members like Harold Arlen, Johnny Mercer, Cole Porter, Morton Gould, and Jule Styne. Classical-music composers Aaron Copland, Igor Stravinsky, and Leonard Bernstein brought their compositions into the ASCAP repertory in the 1940s.8
In the 1950s and 1960s, television was introduced as a new revenue stream for ASCAP, one that maintains its importance today. With the birth of FM radio, new ASCAP members, including John Denver, Jimi Hendrix, Quincy Jones, Janis Joplin, and Carly Simon scored massive hits. Many Motown hits were written by ASCAP members Ashford & Simpson, Marvin Gaye, Smokey Robinson, and Stevie Wonder. Both The Beatles and The Rolling Stones licensed their works through ASCAP, and the very first country Grammy Award went to ASCAP writer Bobby Russell for "Little Green Apples".9 During this period, ASCAP also initiated a series of lawsuits to recover the position they lost during the boycott of 1941, without success.10
During the last three decades of the 20th century, ASCAP's membership grew to reflect every new development in music, including the funk, punk rock, heavy metal, hip-hop, techno, and grunge music genres. Creators ranging from Lauryn Hill and Dr. Dre to the Ramones, Slayer, and John Zorn joined. ASCAP launched a Latin membership department to serve ASCAP Latin writers—Marc Anthony, Joan Sebastian, and Olga Tañon among them–with the Spanish-speaking world as their audience. In 1981, ASCAP prevailed against CBS in an eleven-year-old court case challenging the ASCAP blanket license.111213
Today, ASCAP remains one of the world's most far-reaching PROs.citation needed ASCAP licenses over 11,500 local commercial radio stations, more than 2500 non-commercial radio broadcasters and hundreds of thousands of "general" licensees (bars, restaurants, theme parks, etc.).14 It maintains reciprocal relationships with nearly 100 foreign PROs across six continents,15 and licenses billions of public performances worldwide each year.16 ASCAP was the first U.S. PRO to distribute royalties for performances on the Internet and continues to pursue and secure licenses for websites, digital music providers and other new media.
ASCAP honors its top members in a series of annual awards shows in seven different music categories: pop, rhythm and soul, film and television, Latin, country, Christian, and concert music. In addition, ASCAP inducts jazz greats to its Jazz Wall of Fame in an annual ceremony held at ASCAP's New York City offices and honors PRS members that license their works through ASCAP at an annual awards gala in London, England.17
In 1979, ASCAP created The ASCAP Foundation Morton Gould Young Composer Awards to honor composers of Concert music (Classical) in the early stages of their careers. 18 Morton Gould was president of ASCAP as well as a Pulitzer Prize winner. Composers under 30 apply each for cash awards which are funded through the Jack and Amy Norworth Fund. Jack Norworth wrote many Tin Pan Alley hits including the lyrics to "Take Me Out to the Ball Game". 19
Beginning in 1986, ASCAP created the Golden Soundtrack Award to honor composers for "outstanding achievements and contributions to the world of film and television music." In 1996, it was renamed the Henry Mancini Award to pay tribute to the late composer's history of achievements in the field.20
Through its annual ASCAP Plus Awards program, ASCAP compensates those writers whose works are substantially performed in venues and media outside of its surveys. An independent panel reviews the applications and makes cash awards to deserving members as well as writers whose works have a unique prestige value. Award amounts begin at $100. ASCAP is the only PRO with a cash awards program of this kind.21
ASCAP also bestows the near-annual Deems Taylor Awards to writers and music journalists. Named after the first president of ASCAP, Deems Taylor, they were established in 1967 to honor his memory. The Deems Taylor Award "recognizes books, articles, broadcasts and websites on the subject of music selected for their excellence."22
ASCAP offers the ASCAP OnStage program, which gives ASCAP members the opportunity to get paid for live performances at ASCAP-licensed venues.23
In April 2006, ASCAP inaugurated its annual ASCAP "I Create Music" EXPO, the first national conference fully dedicated to songwriting and composing. The first EXPO featured workshops, panels, mentor sessions and performances with notable figures from all music genres and sectors of the music industry. The most recent EXPO took place between April 18 and 20, 2013. Highlights included conversations between Ne-Yo & Stargate, Diplo & Big Sean and Nathan Johnson & Joseph Gordon-Levitt; Master Sessions with Steve Lillywhite, No I.D. and Nico Muhly; performances by Judy Collins and Gretchen Peters among other notable music creators and industry insiders.24
- Discount on membership to the Songwriters Hall of Fame
- Membership in the U.S. Alliance Federal Credit Union
- Discounts on health, dental, instrument and life insurance via its MusicPro program
- Discount on ASCAP Web Tools, a set of internet-based marketing and sales tools developed by Nimbit, Inc. for ASCAP members
- Discounts on music-related retail products and services
- Hotel and rental car discounts
ASCAP distributes to its members Playback, a magazine highlighting the progress and career accomplishments of ASCAP's writer and publisher members. Playback content is also available to the general public on ASCAP's website.26
ASCAP attracted media attention in 1996 when it threatened Girl Scouts of the USA and Boy Scouts of America camps that sang ASCAP's copyrighted works at camps with lawsuits for not paying licensing fees.27 These threats were later retracted.28 However, it has drawn negative attention for cracking down on licensing fees on other occasions as well, such as when it demanded that open mic events need to pay licensing (even if most or all of the songs are original).29
ASCAP has also been criticized for its extremely non-transparent operations, including the refusal to release attendance records for board members, the notes from board meetings, and the reasoning behind their weighting formulas which determine how much money a song or composition earns for use on television or radio.30
In 2009, an ASCAP rate court case regarding ringtones generated considerable public attention. Critics claimed that ASCAP may seek to hold consumers responsible for a ringtone public performance.31 In statements to the press, ASCAP noted the following:
- It is seeking to ensure that wireless carriers pay ASCAP members a share of the substantial revenue that mobile operators derive from content (like ringtones) that uses ASCAP members' music. This content includes the delivery of full track songs, music videos, television content, ringtones and ringback tones.
- It has been licensing wireless carriers and ringtone content providers since 2001, and that it is not in any way seeking to charge consumers.
- It is striving to license those that make a business of transmitting its members' music. This holds true for any medium where businesses have been built by using this music as content or a service – whether terrestrial broadcast, satellite, cable, Internet or wireless carriers providing audio and video content.32
On October 14, 2009, a federal court ruled that "when a ringtone plays on a cellular telephone, even when that occurs in public, the user is exempt from copyright liability, and [the cellular carrier] is not liable either secondarily or directly." The ruling made clear that playing music in public, when done without any commercial purpose, does not infringe copyright. (US v. ASCAP, US District Court, Southern District of New York).33
Further controversies arose involving ASCAP in 2009 and 2010. The organization requested that some websites pay licensing fees on embedded YouTube videos, even though YouTube already pays licensing fees,34 and demanded payment from Amazon.com and iTunes for 30-second streaming previews of music tracks,35 which traditionally does not require a license, being considered a promotional vehicle for song sales. It also sued a Manhattan bar over the unlicensed use of music, naming Bruce Springsteen as a plaintiff without Springsteen being informed or consenting.36
In 2009, Mike Masnik, the founder and CEO of Floor64, accused ASCAP of keeping some royalties instead of passing them on to artists. He claimed ASCAP collects royalties from all sizes of live performance on behalf of all the artists it represents but passes on the royalties only to artists whose music is represented in one of "the top 200 grossing US tours of the year."37
In June 2010, ASCAP sent letters to its members soliciting donations to fight entities that support weaker copyright restrictions, such as Public Knowledge, the Electronic Frontier Foundation, and Creative Commons,3839 creating notable controversy as many40 argued that these licences are a form of copyright and offer the artist an extra choice. Lawrence Lessig, a co-founder of Creative Commons, responded stating that they are not aiming to undermine copyright, and invited ASCAP for a public debate.41 The offer was turned down by ASCAP's Paul Williams.42
- ASCAP 2012 Annual Report
- "About ASCAP"
- Music in the Marketplace: BBB News Center
- ASCAP: ASCAP London Office
- http://www.ted.com/index.php/talks/larry_lessig_says_the_law_is_strangling_creativity.html TED Talk: Larry Lessig, minute 6:00
- http://www.ascap.com/about/history/1930s.html "History of ASCAP: the 1930s"
- Block, Perlman, and Byron, U.S. Antitrust Law and Its Effect on Copyright Protections for the Music Industry, accessed October 26, 2011
- http://www.ascap.com/about/history/1940s.html "History of ASCAP: the 1940s"
- http://www.ascap.com/about/history/1960s.html "History of ASCAP: the 1960s"
- http://www.encyclopedia.com/doc/1G2-3468301604.html "ASCAP versus BMI"
- http://www.ascap.com/about/history/1970s.html "History of ASCAP: the 1970s"
- http://www.ascap.com/about/history/1980s.html "History of ASCAP: the 1980s"
- http://www.ascap.com/about/history/1990s.html "History of ASCAP: the 1990s"
-  "ASCAP Payment System: Who Does ASCAP Collect From?"
-  "Affiliated Foreign Societies"
-  "ASCAP Payment System: Introduction"
-  "ASCAP Events and Awards"
- YOUNG COMPOSER AWARD RECIPIENTS 1979-2011
- The ASCAP Foundation Morton Gould Young Composer Awards
- "ASCAP Henry Mancini Award". ASACP. Retrieved January 28, 2012.
-  "ASCAP Plus Awards Information"
- The ASCAP Deems Taylor Award
- "ASCAP OnStage". ASCAP. Retrieved February 12, 2013.
- Missed This Year's Incredible EXPO? Watch it Online!
-  ASCAP Member Benefits (retrieved 7/10/13)
-  ASCAP Playback
- http://www.law.umkc.edu/faculty/projects/ftrials/communications/ASCAP.html "Birds sing, but campers can't – unless they pay up" Lisa Bannon
- http://www.law.umkc.edu/faculty/projects/ftrials/communications/ASCAP.html "ASCAP Changes Its Tune; Never Intended to Collect Fees for Scouts' Campfire Songs, Group Says" Ken Ringle
- Play it again... and we'll sue
- Holden, Mark. (May 22, 2005). "ASCAP Since AFJ2 – A Series of Unfortunate Events". Film Music Magazine. Accessed August 23, 2010.
- Press release (July 2, 2009). "ASCAP Makes Outlandish Copyright Claims on Cell Phone Ringtones". Electronic Frontier Foundation. Accessed August 23, 2010.
- Bruno, Antony (June 20, 2009). "ASCAP Brief Pushes Royalty for Ringtones". Billboard. Accessed August 23, 2010.
- von Lohmann, Fred (October 15, 2009). "Court Rules That Phones Ringing in Public Don't Infringe Copyright". Blog at Electronic Frontier Foundation. Accessed August 23, 2010.
- Hefflinger, Mark (July 9, 2009). "ASCAP Seeks Royalties on Embedded YouTube Videos". Digital Media Wire. Accessed August 23, 2010.
- Sandoval, Greg (September 17, 2009). "Music Publishers: iTunes Not Paying Fair Share". CNet News. Accessed August 23, 2010.
- Press release (February 4, 2010). "Statement". Shore Fire Media. Accessed August 23, 2010.
- Masnick, Mike (September 10, 2009). "How Performing Rights Groups Funnel Money To Top Acts And Ignore Smaller Acts – From the Nice-Trick Dept". Blog on Techdirt. Retrieved April 2, 2012.
- Wilson, Drew (June 24, 2010). "ASCAP Declares War on Free Culture". ZeroPaid. Accessed August 23, 2010.
- Battista, Nicola (June 25, 2010). "Music & Copyright: ASCAP vs. The World; The World vs. ASCAP?". NicolaBattista.it. Accessed August 23, 2010.
- Masnick, Mike (June 25, 2010). "ASCAP Claiming that Creative Commons Must Be Stopped; Apparently They Don't Actually Believe in Artist Freedom – From the Protectionism-All-the-Way Dept". Blog on Techdirt. Archived from the original on August 14, 2010. Retrieved August 23, 2010.
- Lessing, Lawrence (July 10, 2010). "ASCAP's Attack on Creative Commons". Op-ed essay on The Huffington Post. Archived from the original on July 16, 2010. Retrieved August 23, 2010.
- Masnick, Mike (July 28, 2010). "ASCAP Boss Refuses To Debate Lessig; Claims that It's an Attempt To 'Silence' ASCAP – From the You-and-Me-Against-the-World Dept". Blog on Techdirt. Archived from the original on July 31, 2010. Retrieved August 23, 2010.
- Blume, Jason (2006). This Business of Songwriting. Billboard Books (New York City). ISBN 978-0-8230-7759-5.
- Choquette, Frederic, "The Returned Value of PROs", Music Business Journal, Berklee College of Music, May 2011
- Passman, Donald S. (2003). All You Need to Know about the Music Business. Free Press (New York City). ISBN 978-0-7432-4637-8.
- Shemel, Sidney; Krasilovsky, M. William (1990). This Business of Music. Billboard Books (New York City). ISBN 978-0-8230-7706-9.
- ascap.com, official website
- ascap.com/about/history, history module of ASCAP at its official website
- ascap.com/playback, Playback magazine module at ASCAP's official website
- American Society of Composers, Authors and Publishers on Myspace