Re: [CEC] EA Performance Rights

Subject: Re: [CEC] EA Performance Rights
From: Barry Schrader (
Date: Thu Nov 03 2005 - 02:47:59 EST


I was not referring to "credits", which only come from reported performances
or broadcasts in licensed venues. I was referring to the ASCAPlus Awards
which are given in recognition "for writer members of any genre whose
performances are primarily in venues not surveyed." (See
<>.) These monetary awards
have nothing to do with credits. What composers report can be performances
in any medium, including unreported broadcasts.

> From: Tom Lopez <>
> Reply-To:
> Date: Wed, 02 Nov 2005 16:28:04 -0500
> To:
> Subject: Re: [CEC] EA Performance Rights
> I don't think ASCAP will credit composers for self-reporting radio
> broadcast. To get credit, your broadcast has to be included in the
> surveys ASCAP requests from radio stations. Please correct me if I'm
> wrong about this!
> In all the years I've produced Foldover on WOBC (six years now), I
> don't believe ASCAP has ever asked to see our playlist. As far as I
> know, no one on my program has been paid. However, every year WOBC
> carefully pays fees to all the rights organizations (BMI, ASCAP,
> internet, and so on) - so our money goes into the collection pool.
> My fear of course, is that ASCAP and BMI only take surveys from pop-
> format stations and our works will never appear on those playlists.
> Then again, the commercial stations pay substantial sums into the
> collection pool (small, college-run stations pay relatively little)
> and it's no secret that money collected from commercial and pop
> venues support classical composers.
> Tom
> On Nov 02, 2005, at 4:07 , Jon Nelson wrote:
>> BMI similarly has composers report their performances (though not the
>> radio broadcasts, since this is monitored solely by BMI),
>> Jon
>>>>> 11/2/2005 2:44 PM >>>
>> Yes, but, with ASCAP, at least, the composer submits a yearly report
>> on
>> known performances of any kind to an Awards Panel which then, at its
>> discretion, "awards" the composer monetary compensation for the past
>> year's
>> performances. I don't know if organizations in other countries do
>> something
>> similar. Of course, the problem is that the composer must be aware of
>> the
>> performance. It's difficult to know of all radio performances, but
>> there
>> are monitoring services (with which I'm not familiar and for which one
>> has
>> to pay) that claim to survey commercial and noncommercial broadcasting
>> (and
>> even some webcasting) stations.
>>> From: David Mooney/Maxine Heller <>
>>> Reply-To:
>>> Date: Wed, 02 Nov 2005 08:52:50 -0500
>>> To:
>>> Subject: Re: [CEC] EA Performance Rights
>>> This is so, but only if the venue sends ASCAP, etc., a list of what
>>> they play. IME, this doesn't always happen. Same with radio
>>> broadcasts. If the station doesn't send ASCAP a play list, the
>>> composer gets no royalties. So it is at least partially an
>>> "enforcement" situation.
>>> At 11:43 PM 11/1/2005, you wrote:
>>>> Elaine:
>>>> Your former student is operating under a misconception. Performance
>> rights
>>>> must be obtained from the copyright holder or from the legal agent
>> of the
>>>> copyright holder (such as ASCAP or SOCAN) for a public performance.
>>>> Normally this is done through a blanket license held by the venue
>> where the
>>>> public performance is made. Most colleges and universities have
>> these sorts
>>>> of licensing agreements. [...snip...]
>>> David Mooney:
>>> Maxine Heller:
>>> Opaque Melodies:

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