ASCAP

ASCAP. The American Society of Composers, Authors and Publishers is a pivotal performance rights organization in the United States. Founded in 1914, it protects the copyrights of its members by licensing public performances of their musical works and distributing royalties. As a membership association of over 950,000 songwriters, composers, and music publishers, it plays a central role in the music industry and has been instrumental in shaping copyright law.

History

The organization was founded on February 13, 1914, at the Hotel Claridge in New York City by a group of visionary creators including composer Victor Herbert, songwriter Irving Berlin, and bandmaster John Philip Sousa. The immediate catalyst was Herbert's frustration over hearing his music performed publicly without compensation at a Broadway restaurant. This led to the landmark 1917 Supreme Court case Herbert v. Shanley Co., which established that public performance for profit was a right protected under the Copyright Act of 1909. Throughout the 1920s and 1930s, it expanded its reach into new mediums like radio broadcasting, signing its first radio license with the NBC radio network. It faced significant challenges, including a 1941 antitrust investigation by the U.S. Department of Justice that resulted in a consent decree, and competition from the founding of BMI in 1939. Key historical figures in its leadership included longtime president Deems Taylor and general counsel Nathan Burkan.

Membership and governance

Membership is open to songwriters, composers, and music publishers who have created at least one work commercially published, recorded, or publicly performed. The association is governed by a board of directors elected by its membership, structured to ensure representation from both writers and publishers. The board has included renowned figures such as Marilyn Bergman, Hal David, and Jimmy Webb. The president, a position held by notable songwriters like Morton Gould and the long-serving Paul Williams, is a working creator who helps set the organization's artistic and strategic direction. Executive leadership, including the CEO, manages daily operations and business strategy, with recent CEOs including Elizabeth Matthews and her predecessor John LoFrumento.

Licensing and revenue distribution

The organization generates revenue primarily by issuing blanket licenses and per-program licenses to entities that publicly perform music, including television networks, radio stations, digital streaming services, live venues, restaurants, and college radio stations. It operates one of the most extensive performance data collection systems in the world, tracking performances across broadcast media, digital platforms, and general licensing venues. Royalties are distributed to members based on detailed surveys and cue sheet data, with payments calculated using a complex formula that considers factors like the type of performance, the size of the audience, and the licensing fees paid by the user. Major licensees have included ABC, CBS, The Walt Disney Company, and Spotify.

Legal advocacy and policy positions

It has been a formidable advocate for creators' rights, frequently engaging in litigation and lobbying to strengthen copyright protections. It played a key role in the passage of the Copyright Act of 1976, which updated U.S. law for the modern era. The organization consistently advocates for fair compensation from emerging technologies, as seen in its rate court proceedings against Pandora Radio and its involvement in the establishment of the Music Modernization Act of 2018. Its policy team regularly testifies before congressional committees like the House Judiciary Committee and submits comments to federal agencies such as the U.S. Copyright Office. It also runs educational initiatives like the "I Create Music" EXPO and the ASCAP Foundation to support the next generation of music creators.

Impact and cultural significance

The association has profoundly shaped the economic landscape for music creators, ensuring that songwriting and composition can be a viable profession. Its royalty distributions have supported the careers of iconic members across every genre, from Duke Ellington and George Gershwin to Stevie Wonder, Bob Dylan, Beyoncé, and Lin-Manuel Miranda. By aggressively enforcing performance rights, it helped establish the foundational principle that music has intrinsic value wherever it is played. Its annual awards, such as the ASCAP Pop Music Awards and the ASCAP Foundation Awards, celebrate musical excellence. The organization's headquarters in the Lincoln Center complex in New York City stands as a physical symbol of its enduring role at the intersection of art, commerce, and law in American culture.

Category:Performance rights organizations Category:Music copyright organizations Category:Organizations based in New York City Category:1914 establishments in New York (state)