Why does an Internet or Wireless service need an ASCAP license?
The United States Copyright Law grants owners of copyrighted musical works — in our case, ASCAP's individual members — the exclusive right to perform such works publicly. This means that the public performance of such works by others requires authorization from the copyright owners or their licensing representative such as ASCAP. 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 or wireless 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 the more than 435,000 songwriter, composer and publisher members of ASCAP. Our members have authorized ASCAP to license their copyrighted musical works on their behalf. ASCAP also represents and collects license fees on behalf of the members of many affiliated foreign performing rights organizations.
Who else is licensed by ASCAP?
In addition to Internet and wireless services, ASCAP licenses hundreds of thousands of other music users. They include television networks, local television and radio stations, cable network and systems, restaurants and dance clubs, hotels and retail stores, background music services, concert promoters, and many others. Music users may also obtain licenses directly from each copyright owner whose works they wish to perform.
What kind of music does ASCAP license?
The ASCAP 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 a particular work is in the ASCAP repertory (identified by title, and the name of the writer, publisher or well-known recording artist), you may access our extensive, online database of performed ASCAP works, ASCAP Clearance Express (“ACE”), at www.ascap.com/ACE.
What does an ASCAP New Media license cover?
An ASCAP license authorizes a licensee to perform any and all of the musical works in the ASCAP repertory by means of transmissions by the licensed service. This authorization extends to transmissions of any file format, such as .rm, .mov, or one of the various streaming technologies currently available.
How do I obtain an ASCAP license?
First, determine which type of ASCAP license your service requires. If your service is "non-interactive" -- that is, if it does not allow users to select the transmission of particular musical compositions - the appropriate license is our Non-Interactive 5.1 license. If it is "interactive"-- it allows users to select particular musical compositions - the appropriate license is our Interactive 2.1 license . Both of these licenses are available in PDF format on our New Media Licensing Page. Completed copies of the license agreement should be submitted to:
ASCAP
New Media & Technology
One Lincoln Plaza
New York, NY 10023
Is an ASCAP license all I need to use music lawfully on my website?
An ASCAP New Media license authorizes the public performance of music in the ASCAP repertory by means of transmission from the license service. It does not authorize the reproduction and/or distribution of the underlying musical compositions, or the performance, reproduction, and/or distribution of sound recordings. These rights require separate authorization from their respective copyright owners or licensing representatives. For example, to obtain a mechanical license for the reproduction and distribution of musical compositions, please contact the Harry Fox Agency, Inc. To obtain authorization to exploit rights associated with sound recordings, please contact SoundExchange Inc. or the record company associated with each particular recording.
What is the "digital performance of a sound recording?"
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 establish explicit rights with respect to digital uses of sound recordings. ASCAP does not license the digital performance of sound recordings (“DPRS”). For more information about DPSR, we recommend you consult an attorney and/or the Recording Industry Association of America (“RIAA”).
Who do I contact if my question(s) are not answered here?
If you have additional questions concerning ASCAP New Media licensing, or your responsibilities under the United States Copyright Law for the performances of musical works by way of an Internet or Wireless service, please click here or call (212) 621-6271.
Which Rate Schedule is best for my site or service?
Please see "LICENSE FEE CALCULATION" for an introduction to calculating an ASCAP license fee and selecting the Rate Schedule that is best for your service. Provided you have the necessary data, you may use the ASCAP RateCalc ® to calculate a license fee using each of the three Rate Schedules available with most of our form license agreements.
My site is new and I do not know how much revenue and/or sessions it will generate. How do I complete an Initial License Fee Report?
Please provide a good faith estimate for each of the figures and data points requested by your choice of Rate Schedule. With the exception of a projection of $0.00 of Service Revenue (and other revenue-based metrics), zeros and blanks are deemed incomplete and unacceptable.
What income qualifies as "Revenue?"
All income generated by your service except that which is attributable to the sale of physical goods qualifies as "Revenue" (as defined by the Non-Interactive 5.1 and the Interactive 2.1 license agreements). Common sources of Service Revenue include income from advertising and/or sponsorships, and subscription fees.
What if my service has no advertising, subscription fees or income of any kind?
If your service does not generate any income, you may enter "$0.00" on applicable lines of the Rate Schedule.
Are "Service Sessions" the equivalent of "hits?"
No. Hits are generally considered "clicks" on individual sections or pages within a service. Service Sessions, alternatively, are more analogous to "unique visits" in one-hour increments. For example, if a user visits your service and accesses five pages over the course of 30 minutes before departing, he/she has generated one Service Session (and multiple "hits"). If the user returns to your service for a second visit in the same day, this time accessing 25 pages over the course of one and a half hours, he/she has generated two additional Service Sessions.
If a user listens to five different songs during a Session does that generate five "Music Sessions?"
No. Similar to the difference between hits and Service Sessions, if a user listens to any one or more songs or portions of a song during any individual Session, it is deemed to be a "Music Session." In other words, a Service Session becomes a "Music Session" if any performance of music is transmitted throughout its duration.
What if I intend to make only one song available?
ASCAP does not grant licenses on a per-song basis. Instead, ASCAP offers blanket licenses that authorize the performance of any or all of the millions of copyrighted musical works in the ASCAP repertory. If you intend to make available one or a small number of songs, you may wish to contact each of the copyright owners (most typically the publisher) for each of the songs you would like to use to request a license. To help you identify copyright owners, ASCAP offers the ACE Title Search tool with which you may search for ASCAP song information.
When are license fee payments due?
Many licensees submit their initial license fee payment along with their agreement. Licensees may also wait until they receive an invoice from ASCAP.
What forms of payment do you accept?
We accept checks, money orders and credit cards. If you wish to make an electronic payment via credit card or eCheck, please go to www.ascap.com/gls_web. For payments via wire transfers, please email weblicense@ascap.com.
Can I access my account online?
Yes. You can access your account at your convenience at www.ascap.com/gls_web. Once a licensee, you will be assigned an account number and a temporary password. When logged on to your account, you can view your account history, print invoices and make your license fee payments.
