Switching PRO from BMI to ASCAP

[suzdoyle]

Hi There;

If a publisher registers 11 songs by a songwriter with BMI (and both the publisher and writer have BMI membership numbers), and that songwriter wants to register their remaining songs (and act as their own publisher) with ASCAP -- how does this affect the first 11 songs registered with BMI?

Do they need to change their song BMI title numbers to ASCAP ones? And their writer membership from BMI to ASCAP? Or can they have dual membership?

Thanks in advance,
Suz

[mazz]

I believe that you can have a publishing company with multiple PROs but as a writer you can only belong to one at a time.

Why would the writer want to put the publishing in ASCAP when they already have a publishing company with BMI?

Good questions, maybe matto will chime in, I'd like to hear what he has to say on this.

Cheers!

Mazz

[simonparker]

Sorry, I don't fully understand your question. Did you sign up with BMI as a writer and then got a publishing deal? Are you still with this publisher or are you now on your own? Do your songs with this publisher have a reversion clause? Are you aware that a publisher can register with more than one PRO unless you're self publishing in which case you're restricted to one PRO? Are you asking what happens to your songs that the publisher owns and had registered with BMI now that you're with ASCAP - are you asking how do you get royalties? Are you aware of the time commitment of a songwriter and publisher for each PRO (the duration, at least with BMI is traditionally longer for publishers than songwriters)? Are you aware that as a songwriter, you must notify BMI within 60 days of your initial contract lapse to opt-out, otherwise, you're automatically reregistered for another two years?

I need more clarification to help tell you to go talk to your lawyer .

[Dwayne Russell]

Hi There;

If a publisher registers 11 songs by a songwriter with BMI (and both the publisher and writer have BMI membership numbers), and that songwriter wants to register their remaining songs (and act as their own publisher) with ASCAP -- how does this affect the first 11 songs registered with BMI?

Do they need to change their song BMI title numbers to ASCAP ones? And their writer membership from BMI to ASCAP? Or can they have dual membership?

Thanks in advance,
Suz

It should not effect the other 11 at all since they are different songs.

But to be the publisher of a song you must belong to the same PRO as the writer of those songs.

That is why you can belong to multiple PRO's as a publisher.

[suzdoyle]

Hey guys;

Thanks for the advice (and the questions, Simon). I was asking for a friend of mine who has a record deal, whose publisher registered a group of his songs from one album with BMI. Was wondering whether it made more sense for him to stay w/ BMI (acting as his own publisher) for the rest of his songs, or switch to ASCAP.

I'm thinking staying at BMI might be simpler for him, given that he already is registered with them as a writer (and also as a publisher).

Anyhoo, thank you for the input!

Much appreciated!
Suz

[Dwayne Russell]

Hey guys;

Thanks for the advice (and the questions, Simon). I was asking for a friend of mine who has a record deal, whose publisher registered a group of his songs from one album with BMI. Was wondering whether it made more sense for him to stay w/ BMI (acting as his own publisher) for the rest of his songs, or switch to ASCAP.

I'm thinking staying at BMI might be simpler for him, given that he already is registered with them as a writer (and also as a publisher).

Anyhoo, thank you for the input!

Much appreciated!
Suz

Unless BMI changed it, you can't cancel with BMI but every two years. You have only a one month window in which to do so every two years.

[simonparker]

Actually Dwayne, after posting to Suz on this issue yesterday and then reading your post, I thought you had 60 days notice and then you said 30, so I wanted clarification since it's good to know these things. After reviewing my contract with BMI (I can't speak to others, their contract may be different), it states clearly the following:

"The word "Period" shall mean the term from October 01, 2007 to June 30, 2010 and continuing thereafter for additional terms of two (2) years each unless terminated by either party at the end of said initial term or any additional term, upon notice sent by registered, certified or Express mail, or other sending method that requires that the date that the item is sent be recorded by the courier (e.g., overnight mail or messenger service), not more than six (6) months or less than three (3) months prior to the end of any such term."

The emphasis is on the word "PRIOR", meaning while you are still with BMI. If the term ends, for example on June 30th, 2010, which was my case, I have a very small window to work with to retire from BMI - which requires certified/registered mail. I therefore have a window from January 1st to March 31st to notify. If by March 31st, 2010 I did not notify BMI, then I am automatically stuck for another 2 year term, like it or not. In my situation, this was the case (although I never intended to switch PROs or leave BMI).

[Dwayne Russell]

Actually Dwayne, after posting to Suz on this issue yesterday and then reading your post, I thought you had 60 days notice and then you said 30, so I wanted clarification since it's good to know these things. After reviewing my contract with BMI (I can't speak to others, their contract may be different), it states clearly the following:

"The word "Period" shall mean the term from October 01, 2007 to June 30, 2010 and continuing thereafter for additional terms of two (2) years each unless terminated by either party at the end of said initial term or any additional term, upon notice sent by registered, certified or Express mail, or other sending method that requires that the date that the item is sent be recorded by the courier (e.g., overnight mail or messenger service), not more than six (6) months or less than three (3) months prior to the end of any such term."

The emphasis is on the word "PRIOR", meaning while you are still with BMI. If the term ends, for example on June 30th, 2010, which was my case, I have a very small window to work with to retire from BMI - which requires certified/registered mail. I therefore have a window from January 1st to March 31st to notify. If by March 31st, 2010 I did not notify BMI, then I am automatically stuck for another 2 year term, like it or not. In my situation, this was the case (although I never intended to switch PROs or leave BMI).

My apologies. What I meant by "unless they changed it" was since I signed with them back in 1988.

So if you have a more recent contract it could be way different. In mine I only have one month every other year to cancel.

Of course every one should read their contract.