|
1. Why do we need an ASCAP license? Because the United States Copyright Law grants the owner of a copyrighted musical work — in our case, ASCAP's individual members — the exclusive right to perform it publicly. This means that such performances require the copyright owner's permission, and an ASCAP license can provide that permission. To perform a work "publicly" means, among other things, to transmit or otherwise communicate a performance of the work to the public. This includes Internet transmissions of music. Just as you pay for use of other forms of property, you must also pay for the use of musical property owned by more than 320,000 songwriter, composer and publisher members of ASCAP. Our members, many of whom are small business people, have authorized us to collect Internet license fees on their behalf. (We also represent and collect for affiliated foreign performing rights societies). After all, the presence of music adds value to an Internet site or service -- for example, by increasing the number and length of user visits. It only makes sense for the owner of the music copyright to be compensated fairly for the value that music brings to an Internet site or service.
2. Who else is licensed by ASCAP?
In addition to Internet sites and services, ASCAP licenses hundreds of thousands of music users. These include television networks and local television and radio stations, cable program services and systems, restaurants and dance clubs, hotels and retail stores, background music services, concert promoters, and many others. Music users can also obtain licenses directly from each copyright owner whose works they wish to perform. But, the easier, more economical way for bulk users of music is to obtain an ASCAP license which affords you complete freedom to choose your music from ASCAP's vast repertory.
3. What kind of music does ASCAP license? ASCAP's repertory contains music of every form and style including rock, pop, country, gospel, Broadway show music, film and television music, jazz, Latin, big band, soul, symphony and concert music. If you want to know if particular works are in the ASCAP repertory (identified by title, and the name of the writer, publisher or well-known recording artist), you can access an extensive, on-line database of ASCAP performed works, the ASCAP Clearance Express (ACE) via the ASCAP web site at www.ascap.com.
4. What does the ASCAP license cover? The ASCAP license authorizes you to perform any and all of the individual musical works in ASCAP's repertory by means of your Internet site or services transmissions. This authorization extends to all such performances regardless of the file format (such as wav., midi., or one of the various streaming technologies currently available) in which your transmissions occur.
5. How do we obtain an ASCAP license? First, determine which type of ASCAP Internet license agreement your site or service requires. If it is "non-interactive" - that is, if it does not allow users to download or otherwise select particular musical compositions - the appropriate license is our Non-Interactive 5.0 license agreement. If your site or service is "interactive," allowing users to download or otherwise select particular musical compositions, you should obtain our Interactive 2.0 license agreement. Both of these agreements are available for download on the New Media/Internet Licensing Page. A third type of ASCAP New Media license agreement authorizes public performances of ASCAP music by way of mobile telephone ringtones. For this agreement, please refer to the wireless music licensing section of this site. Completed copies of the license agreement should be sent to:
ASCAP
New Media & Technology
One Lincoln Plaza
New York, NY 10023
6. Is the ASCAP license all we need to use music lawfully on my web site? Every Internet transmission of a musical work constitutes a public performance of that work. The ASCAP license authorizes these performances for works in the ASCAP repertory. Internet transmissions also involve the reproduction and distribution rights in musical works. ASCAP licenses do not authorize the reproduction, or distribution of music or sound recordings, or the public performance of sound recordings (as distinguished from the music contained in the sound recordings). To obtain these rights you should contact the Harry Fox Agency, Inc. (the wholly-owned licensing subsidiary of the National Music Publishers' Association, Inc.) or the copyright owner for authorization to copy and distribute the music, and the copyright owner of the sound recording (usually the record label) for authorization to copy, distribute and perform sound recordings. Information on these important rights may be obtained from the Harry Fox Agency, and the RIAA, the record labels' trade association.
Harry Fox Agency, Inc.
711 Third Avenue
New York, NY 10017
(212) 370-5330
http://nmpa.org/hfa.html
Recording Industry Association of America (RIAA)
1330 Connecticut Avenue NW, Suite 300
Washington, DC 20036
(202) 775-0101
http://riaa.org
The copying of a copyrighted musical work or sound recording onto your server (as when you load the file containing the work), constitutes exploitation of the reproduction right, for which authorization is required. Again, you should contact the Harry Fox Agency, Inc. or the copyright owner for authorization to copy the music onto your server, and the copyright owner of the sound recording (usually the record label), for authorization to copy the sound recording onto your sever.
7. We hear a lot about rights for the digital performance of sound recordings. Can you explain that? The copyright owners of sound recordings have new rights set forth in the Digital Performance Right in Sound Recordings Act of 1995 and the Digital Millennium Copyright Act of 1998. These laws give sound recording owners rights with respect to some, but not all, online of their recordings. These new laws are very complicated and you should contact your legal adviser to help you understand them. You may also wish to contact the RIAA for more information.
8. What if we have further questions? If you have any other questions concerning any of the ASCAP license agreements or your responsibilities under the United States Copyright Law for performances of music on your Internet site or service, please click here or call (212) 621-6271.
ASCAP's RateCalc®
Download a copy of ASCAP's Internet License
|
