ASCAP Financial Demands for Downloading Music & How ASCAP Differs from BMI

There isn't any doubt that ASCAP is needed in a world of creative musical and writing artists who need a watchdog group to look out for their financial welfare. Some might say, however, that it's a necessary evil--especially when there's so much mystery about the internal workings of the organization and places that sell or play music recoiling in fear at the intimidation they get from ASCAP members in making sure artists get their due money. ASCAP has had numerous examples of that kind of renegade spirit for decades, though the recent decision by a U.S. district judge in a rate court--ruling on ASCAP's side that all digital music service sites have to pay higher licensing fees to songwriters, composers and music publishers--may rack up with the most brazen attempt ever at protecting the rights of musical artists.

It's actually enough of an important decision that it could be taken all the way to the Supreme Court eventually. It might even spark a call to investigate just exactly how ASCAP runs internally to get to their financial decisions. They've certainly been questioned on that many times before.

ASCAP has actually long had their eye on the sites that stream music with the thought those sites have been making much more of a profit than they say. The heads of ASCAP have said these sites haven't been paying out enough in licensing fees at the detriment of those in the music business who already say they make less than people think due to the digital revolution. Sound familiar in an age when the music industry is crying that it's hurting? Digital music's Big Three (AOL, Yahoo and RealNetworks) may have to pay out $100 million dollars this year because of that judge's ruling in ASCAP's favor. You can be sure the digital music honchos aren't happy about it either with a likely continual fight in the courts that they should pay licensees based on overall usage of the music and not a flat rate as ASCAP wanted and ultimately obtained for now.