I wrote this for creative commons forum
Hi Forum,
At the moment i’m exploring possibilities of making the tunes i make free in Europe to spaces that don’t have a licensing agreement with local rights organization for “live” performance.
Why did i join ASCAP, when my works were free? a song was used in a major film, rather than joining with an exclusive contract for use of works, i went with ASCAP. ASCAP and BMI contract are non-exclusive.
Anyway: Its possible to license what “you” create freely and be a member of ASCAP, however i don’t see that any creative commons license presented to ASCAP would be recognized (unless backed up in conjunction with the artist) with info ASCAP ask for.
Here is what ASCAP ask for from the artist..
“when performing your songs in an unlicensed venue send myself the following details: the name and address of the venue, the length of the license and the song titles included in the license.”
The problems with ASCAP for artists out of the US, i have found so far are.. ASCAP offer no legal advice.. If you want to collect all your royalties, you have to make a company, as the royalty is divided up 50 to writer and 50 to publisher. This is not the way the system is in Europe or Australia.
When artists make what they create free and don’t join ASCAP/BMI and what they create is used in a commercial context, a fee is being paid. Its a weird situation, sure if your works are not in the system then the rights organizations have no means to collect, yet if they are being used, how does that make the situation?
also: If you have a co-write partners that have made songs under exclusive conditions, it further complicates the situation. As its not just upto those co-writers, its also upto the rights organization, and also any publisher that they might be affiliated with.
Hope this post helps out somehow..
also.. note, when i say free, i mean free in the context as me being able to negotiate my public performance rights with-out a third party such as OSA, APRA, ASCAP, SABAM being involved. In the context of small tea house, a direct license works.