ASCAP or BMI?

> I am having trouble distinguishing between BMI and
> ASCAP.  Do you have a recommendation?
> 
> I'm an indie artist, releasing a first album, planning
> to stay indie.  I 'd like to work toward film
> placement in the next few years, and might eventually
> try to shop my songs in other ways.

You are having difficulties distinguishing between them because there is very little real difference...

Both of them collect money on your behalf, and then turn it over to the Major Labels.

They collect a LOT more money on behalf of the Major Labels, but basically your coins get lost in the shuffle and end up in somebody else's pockets, along with their dollars.

I do not understand why Indie artists even join these organizations -- From a strictly fiscal standpoint, they do nothing but extort a bunch of money from the venues you play and college stations that play you, so they can claim to represent you, but then they pay it to somebody else.

Note that they will cheerfully shut down something as simple as an Open Mic night because ONE guy played a cover song one time and the venue is unwilling to pay $400 per year for the privilege of hosting original music which rarely, if ever, brings in more $$$ for them than a jukebox or pool tournament or, well, just focusing on selling beer.

Or, in more egregious cases, they've been accused of shutting down an Open Mic with NO cover songs because their "spy" was so drunk he wrote down the wrong venue/song violation.

Actually, BMI/ASCAP sometimes claim that the venue has to pay them the royalties for you playing your own original music. Boggles the mind. I mean, you presumably negoatiated a contract in good faith, or at least understood the basic premise of an "Open Mic" where you performed your material. And presumably you are capable of negotiating (or more likely foregoing) your pennies in Royalties without the assistance of BMI/ASCAP. Perhaps they just consider the Indie artist to be non compos mentis by definition. I dunno.

Maybe the venues should just pay you a couple pennies direct and make you sign a contract stating that was your Royalty payment. I dunno.

ASCAP has this ASCAPlus thing where you can fill out forms once a year to apply for them to judge you and decide to give you some money, which they do because they *KNOW* you are gettting shafted. Odds are not good. They have to like your music, and you have to have a bunch of gigs to "prove" that you deserve to "win" the money they already took on your behalf and owe you (and all the other indies). You can end up getting a lot more money than they collected directly on your behalf. Of course, guess where that came from: All the other Indies who aren't getting selected for ASCAPlus.

I don't think BMI even has that kind of program. But they sponsor networking showcases in a few major cities where you can play for/with a bunch of other musicians. Not that that really does you any good usually, but it's something.

I guess I would say just pick whichever one seems to be treating you nicest.

It's pretty meaningless unless you have a HIT SONG in which case, in theory, they'll pay you.

Unless your HIT SONG is only a hit in foreign countries. Then they don't really account for it correctly either.

Actually, their accounting looks more like Voodoo than Accounting. For BMI, Top 40 songs get paid double what they normally would get. Top 40 songs that remain in the Top 40 get paid QUADRUPLE. Or something like that. You can find the system published on their website if you really care.

I think ASCAP just goes with the "same" payout rate for all songs they count. But both of them only "sample" like 4% of Commercial Radio, and then sort of pretend to "sample" non-commercial radio. Yet they collect from music venues, wedding bands/halls, and anywhere else you can find live music. Sounds like Taxation without Representation to me.

At any rate, BMI/ASCAP Accounting has about as much connection with reality as a ouji board pointer batted around by a cat.

One of the things BMI/ASCAP absolutely do *NOT* have anything to do with is "film placement" -- not even collecting royalties on that.

Any "film synchronization" royalties (or, more likely, one-time payment) will be negotiated with the film-maker. Maybe you'll have a "go-between" of some kind to represent you. Maybe they'll hire an outside (out-sourced) Music Supervisor. Maybe you'll deal with them direct. No matter what, ASCAP and BMI won't have a damn thing to do with it.

If you get placed in a Television (series) show, then the show's producers, in theory, submit a "cue sheet" listing your music and whom to pay. That does, in theory, go to BMI/ASCAP and then they pay you based on the amount of music used, its placement in the show (an intro they keep using prominently gets more) etc.

So if you are going after Television placement, and you don't expect to sign away your Royalties for a one-time big payment, then join one or the other.

If you think you're going to have a HIT SONG, join one or the other. Or wait until your song gets some kinda airplay on Radio (which is the only way to get paid) and then register.

Or just register because everybody else does, and they collect the money on your behalf whether you register or not, so you might as well put your name in the hat.

It really doesn't make a whole lot of difference which one, though.