Did You Know An ASCAP License...

• Includes over 8 million works?

• Includes the work of over 330,000 songwriter, composer and publisher members?

• Includes the repertories of over 80 affiliated societies from all over the world?

• Saves you the time, paperwork and expense of negotiating indi- vidually for each musical work that may be performed at each of your each year?

Q&A

As a promoter you probably already know you need permission to present to the public, but do you know why?

Music is like all personal property–when you want to use it, you need permission. Music belongs to the songwriters who create it and publishers who market it. Songwriters have to make a living too. That’s why, in order to play their music to enter- tain the public, you must, by law, obtain permis- sion for each song.

A Did You Know? ASCAP Members... DOMINATED

The Billboard Charts*:

9 of 10 Hot 100 Songs 9 of 10 Hot Adult R&B Songs 9 of 10 Pop 100 Songs 9 of 10 Hot Latin Songs 9 of 10 Hot R&B Hip-Hop Songs 9 of 10 Hot Christian Songs 8 of 10 Top Soundtrack Singles 8 of 10 Hot Country Songs 8 of 10 Hot Mainsteam Rock Songs 8 of 10 Hot Digital Tracks

*Based on year-end statistics for last year available

Q&A

How do you obtain permission to perform music?

It is impossible for owners to know of every conceivable use or performance of their works, and it would also be difficult for users of music to locate all the copyright owners and negoti- ate licenses for all of the works that might be used. So writers and publishers of musical works authorize collective licensing organizations like ASCAP to locate and license public performances of their works. ASCAP, the American Society of Composers, Authors and Publishers, makes giving and obtaining permission to perform music simple, providing a valuable service to businesses and creators alike. An ASCAP license grants music users the right to per- form any of the music in ASCAP’s repertory as often as they like.

ASCAP is the largest performing rights organization in the world, made up entirely of composers, song- writers and publishers. Our massive repertory includes every kind of music under the sun, including rock, country, pop, jazz, R&B, blues, hip-hop, rap, alternative, folk, Christian, gospel, adult contempo- rary, show tunes, symphony and concert music.

A Q&A

Where do the license fees go?

To the women and men who write and publish the music. Over 88 cents of each dollar we collect goes right back to our members and to the members of affiliated foreign societies whose works are repre- sented by ASCAP in the U.S. The information you fur- nish on the works performed in your concerts is used to distribute royalties to the writers and publishers whose works are performed. ASCAP’s operating ratio of less than 12% is among the lowest in the world.

Why must you, rather than the musicians who perform at your concerts, be respon- sible for obtaining permission to use the music?

As a matter of law, everyone who participates in an unlicensed performance is responsible, including musicians and promoters. In practice, concert pro- moters and/or presenters obtain licenses as a busi- ness expense.

Q&A

How does the blanket concert license work?

Under the blanket concert license, you pay license fees, based on “gross revenue” for all concerts you present. Gross revenue means all monies you receive, or is received on your behalf, from the sale of tickets for each concert. Gross revenue does not include per-ticket amusement, entertainment or sales taxes; commissions or fees paid to automated ticket distributors, such as Ticketmaster; per ticket theatre restoration or other facility fees; or, parking fees when included in the ticket price.

Important: you are not required to keep track of the music performed at each concert, but you should send copies of programs or set lists where available. The information you furnish helps us pay royalties to the writers and publishers whose works are performed.

You need only send a report to ASCAP at the end of each quarter (on forms ASCAP supplies) and pay the appropriate blanket license fee for each concert.

A What other concert licenses are available?

The per concert license may better suit your needs if you present concerts at which copyrighted music is only rarely performed or if you present only a few small events each year. The per concert fees are also based on “gross revenue,” but are paid only for con- certs where works in the ASCAP repertory are per- formed (rather than for all concerts, as required by the blanket concert license). But, under the per con- cert license, on a concert-by-concert basis the license fee for each concert containing a work in the ASCAP repertory is considerably higher than the blanket con- cert license fee. Under the per concert license, you must submit a program, set list or other report detail- ing all of the works performed in each concert. If you do not submit a program, you pay a fee regardless of whether ASCAP music was used.

Q&A

How and when do you report and pay?

ASCAP will provide you with quarterly report forms. At the end of each quarter, you will submit complet- ed forms for all the concerts you presented providing information on each date presented; the name of the attraction(s) appearing; the name, location and seat- ing capacity of the venue where the concert was pre- sented; and the “gross revenue” of the event. Under our blanket license, the fee will be due with the report. Under the per concert license you will receive an invoice listing each concert containing music in the ASCAP repertory.

What is the fee basis?

The fee for most events is based on the “gross rev- enue” of the event. There is a separate rate schedule, based on seating capacity, for certain free and “benefit” events.

A Q&A

Who reports and pays for co-promoted events?

If you present, sponsor or promote a concert with someone who is licensed under an ASCAP Concert & Recital License Agreement, you will still need to report that event and provide the name, address, phone number and ASCAP account number of the other party. You will also need to advise us who will be responsible for payment. If the other presenter is not licensed under an ASCAP Concert & Recital License Agreement, then you will be responsible for paying the license fee due – even if you have an agreement to the contrary with the other party.

For your convenience, reporting can be done online at www.ascap.com/concertreporting/licensee/welcomelogon.asp.

Does the number of works in the ASCAP repertory which are performed during a particular concert make a difference in the fee?

The license fee for each concert, whether licensed under the blanket or per concert license agreement, does not depend on how many ASCAP works are performed in the particular concert.

Why doesn’t the rental or purchase of CD’s or sheet music give us the right to perform that music?

Copyright owners enjoy a number of separate rights, including performing rights, recording rights and the right to reproduce (print) and distribute copies of their works. Rental or purchase of music does not authorize its public performance.

Are dramatic or “grand rights” performances included in the license?

No. ASCAP members only grant ASCAP the right to license non-dramatic public performances of copy- righted music in the ASCAP repertory. For example, the ASCAP license does not authorize performance of an opera or a Broadway musical, but it does authorize performance of individual selections from operas and musicals. In general, the performance of music as part of a musical comedy, opera, play with music, revue or ballet presented in its entirety is considered to be dramatic, as would the perform- ance of one or more musical selections from such a musical or opera accompanied by dialogue, pan- tomime, dance or stage action. Rights to present dramatic performances are obtained directly from the copyright owners.

Q&A

Do college and university presenters need an ASCAP license?

Presenters who rent the local college concert hall or auditorium and promote concerts themselves or who co-promote an event with the college need an ASCAP license (or written permission from individual ASCAP composers and their publishers). Presenters who work directly for any of the colleges and universities currently licensed by ASCAP, such as a university recital series, are covered by that license. Of course, if the college or university does not have a current ASCAP license, the presenter would need to obtain a separate license.

Must you sign an ASCAP concert license agreement?

No, but you must obtain authorization to perform our members’ music. You can also obtain permission directly from the copyright owner. But ASCAP provides a valuable service to businesses and organ- izations that use copyrighted music—by helping you easily meet your responsibilities. Your ASCAP license fee allows you to use lawfully in all of your concerts any of the millions of songs we represent. In short, the ASCAP license is music to everyone’s ears.

What happens if you use ASCAP music without permission?

If you choose to use someone's musical property without permission, the law provides that a court can assess penalties for infringement between $750 to $30,000 for each song infringed, and can require you to pay the owners' attorney's fees and court costs.

Do I have access to any other benefits through ASCAP?

As a valued customer of ASCAP, you can enjoy all of the benefits of the ASCAP Customer Card. The selection of benefits includes insurance, discounts on travel, business services, promotional merchandise, wireless products and financial services!

SCAP A OMER CARD CUST 1998 OMER CUST rill SINCE et G Stre Oak

AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS

2675 Paces Ferry Road, SE Suite #350 Atlanta, GA 30339

(800) 505-4052 08 T 20 UGUS A