Performing Rights Orangizations

(Photo by Alena Darmel from Pexels)

What is a Performing Rights Organization?

A Performing Rights Organizations (PROs) are groups of companies that help songwriters and publishers collect royalties (money) from their copyrights. They help the song copyright owners (primarily songwriters/publishers) calculate and then distribute the royalties from all of the different venues, platforms, companies where their music is played or used. These royalties are typically paid every quarter in the United States. For songs with multiple writers, the PROs will distribute the agreed upon percentages specified for each songwriter.

For information about royalties, check out my previous blog post here (link)

Songwriters can register with one the PRO and publishers register individually with each PRO their artist is represented by. There are PROs worldwide for the different countries/territories copyright law. In the United States, there are three major PROs: BMI, ASCAP, and SESAC.

BMI (Broadcast Music, Inc.): Link

BMI has the most registered copyright holders with over 1.1 million users and 17 million related works registered according to their creators tab for their website. Among their notable artists are Lady Gaga, Lil Wayne, Taylor Swift, Willie Nelson and the list goes on.

ASCAP (American Society of Composers, Authors and Publishers): Link

ASCAP is the second largest PRO in the U.S. with about 800,000 registered songwriters, composers and music publishers according to their website. Some of their notable artists are Quincy Jones, Cardi B, the Red Hot Chili Peppers, and H.E.R.

SESAC (Society of European Stage Authors and Composers): Link

SESAC is the smallest of the three major PROs in the United States with around 30,000 registered songwriters based in Nashville, Tennessee. A few of their most popular artists are Duke Ellington, Axl Rose, Mumford & Sons, and Lady Antebellum.

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Blanket License

What is a Blanket License? A blanket license allows the licensee to use any song in the granted catalog. This is license is typically issued by a performing rights organization (PRO) to allow the licensee to perform or play any song in their catalog. This is useful when the user wants to play multiple songs from a catalog without having to license them individually. An example would be a bar or nightclub that wants to play a variety of songs belonging to a PRO. Other examples include radio stations or television networks that want to play one or multiple songs from the PROs catalog. How to get a Blanket License? There are three major performing rights organizations in the U.S., ASAP, BMI, and SESAC. Blanket licenses are usually granted by one or multiple of these PROs and only allow the user to play songs from their specific catalog. Keep in mind, having a blanket license does not mean you can play any song you want, only the songs belong to the corresponding PRO. A helpful website

6 Major Types of Music Licenses

Music Licensing: In order to use a song that is not your own, you will mostly likely have to get a license. Music licenses allow a copyright holders to extend some of their rights to the licensee who will compensate them appropriately. Many licenses have set amounts approved by the copyright holder and Performing Rights Organization. This payment is in the form of royalties which is usually determined by a set fee, per-unit, or per-use. For any and all uses of a song, there is a corresponding license that permits that specific use. Below is a list of the six most commonly used music licenses: Master License The Master License is owned by the copyright owner. Obtaining this license allow the licensee to use the song for an audio or visual project. This specific license only allows the use of the original/pre-recorded (no covers or editing). It is often paired with a Sync License which offers an additional use (see below). Use: To use the original song recording with audio or visual pr

Trademark Act - Part 2

(Photo by Mudassir Ali from Pexels) Trademark Law and Musicians: Specifically for campaign use, the infringement comes from the confusion of the artists brand or image they have created for themselves. In legal proceedings, they refer to the precedent set by the Ninth Circuit in AMF Inc v. Sleekcraft Boats: AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir. 1979) This case is where they developed eight factors to determine whether or not a trademark has been violated. AMF Inc. came out with Slickcraft Boats and registered their trademark in 1969. Sleekcraft Boats was another company that manufactured boats. AMF Inc., the plaintiff, sued Sleekcraft Boats for causing confusing for the two similarly named boats and created competition in the market. The defendant, Sleekcraft Boats, argued that Slickcraft Boats only manufactured high performance boats whereas Sleekcraft catered to a larger audience with a variety of boats. The court originally ruled that although the names were s

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