What is a performing rights organization (PRO)?

A performing rights organization (PRO) is basically a company that collects royalties for songwriters, composers, and music publishers when their music gets played publicly. PROs work as the middleman between music creators and all those thousands of businesses, broadcasters, and venues that use music. They track performances and hand out payments to their members. Without PROs, individual artists would have a pretty much impossible time monitoring every radio play, streaming service, live venue, or business using their music. These organizations are essential for making sure creators actually get paid for their work.

What exactly is a performing rights organization and why do musicians need one?

Performing rights organizations are companies that handle the complicated job of collecting royalties whenever music gets performed publicly. They keep tabs on music usage across radio stations, TV networks, streaming platforms, concert venues, restaurants, retail stores, and pretty much any other business that plays music. PROs work as the connection between songwriters and music publishers on one side, and the businesses using music on the other.

Musicians need PROs because tracking music usage on their own would be overwhelming, if not downright impossible. Just think about it – a song could be playing on hundreds of radio stations, thousands of streaming playlists, and countless businesses worldwide at any given moment. PROs have the infrastructure, technology, and legal agreements in place to monitor these uses and collect the money that’s owed.

These organizations negotiate blanket licenses with music users, which gives them permission to play any song in the PRO’s catalog. The fees from these licenses get distributed to members based on how often their music is performed. Without this system, most songwriters would never see a penny from their music being played on the radio or in public spaces.

How does a PRO actually collect money for music?

PROs use pretty sophisticated monitoring systems to track when and where music is played. They use various methods including digital fingerprinting technology for radio and TV broadcasts, data feeds from streaming services, and performance reports from live venues. Many PROs also conduct surveys and use statistical sampling to estimate music usage in smaller venues and businesses.

The collection process starts with licensing agreements. PROs negotiate blanket licenses with music users – from major broadcasters to local coffee shops. These licenses allow businesses to play any music in the PRO’s repertoire for a set fee. Radio stations might pay based on their advertising revenue, while restaurants typically pay a flat annual fee based on things like capacity and whether they have live music.

Once collected, PROs use complex formulas to calculate royalty distributions. Performance royalties are typically split 50/50 between the songwriter and publisher. The amount depends on factors like the type of performance (radio play versus background music), the size of the audience, and the time of day. PROs usually distribute payments quarterly, though some offer more frequent distributions for their top earners.

What’s the difference between ASCAP, BMI, and other PROs?

ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are the two biggest PROs in the United States, both operating as non-profit organizations. ASCAP charges a one-time $50 application fee, while BMI offers free membership for songwriters. ASCAP distributes royalties quarterly, while BMI pays monthly for certain types of performances and quarterly for others.

SESAC is different from ASCAP and BMI since it operates on an invitation-only basis and functions as a for-profit company. This selective approach allows them to offer more personalized service to their members, though their catalog is quite a bit smaller. SESAC is known for being particularly strong in certain genres like country and Christian music.

International PROs operate similarly but with regional variations. PRS for Music covers the UK, SACEM handles France, and GEMA manages Germany. Each has different membership requirements, fee structures, and distribution schedules. Most PROs have reciprocal agreements, meaning they collect royalties for each other’s members when music is performed in their territories. This international network makes sure artists get paid no matter where in the world their music is played.

When should someone register with a performing rights organization?

Registration with a PRO should happen before any public performance of music – whether that’s releasing it on streaming platforms, performing at venues, or having it played on radio. The registration process itself is straightforward but can take several weeks to complete, so it’s best to start early. Many songwriters register as soon as they begin creating music seriously, even before their first release.

The timing becomes particularly important when planning to perform original music at venues that pay PRO licenses. Without registration, there won’t be any performance royalties for these shows. Similarly, when about to release music on Spotify, Apple Music, or other streaming services, having PRO membership makes sure royalty collection starts from day one.

To register, basic information is needed including legal name, address, and tax identification number. Each song also needs to be registered individually, providing details like title, co-writers (if any), and publisher information. Some PROs now offer bulk registration tools that make it easier to register multiple songs at once. Remember that membership in only one PRO at a time is allowed in most countries, so choosing carefully based on needs is important.

What types of royalties don’t PROs collect?

PROs only collect performance royalties – the money owed when music is performed publicly. They don’t handle mechanical royalties, which are generated when music is reproduced physically (CDs, vinyl) or digitally (downloads, streams). In the US, mechanical royalties are collected by organizations like The Harry Fox Agency or through services like Songtrust. In other countries, combined societies often handle both performance and mechanical rights.

Sync fees are another revenue stream PROs don’t manage. These are the upfront payments negotiated when music is synchronized with visual media like films, TV shows, commercials, or video games. Sync deals are typically handled directly between the music owner and the production company, or through sync agents and music supervisors.

Master recording royalties are completely separate from PRO collections. These are the royalties generated from the actual sound recording (as opposed to the composition) and are typically collected by record labels, distributors, or aggregators like DistroKid or CD Baby. Independent artists who own their masters need to make sure they’re set up with a distributor to collect these royalties from streaming services and digital retailers.

How to choose the right PRO for a music career?

Choosing a PRO depends on several factors specific to someone’s situation and career goals. Consider the genres being worked in – while most PROs represent all types of music, some have stronger networks in certain styles. Look at where music is most likely to be performed. If there’s anticipated international activity, research which PROs have the strongest reciprocal agreements in target markets.

Payment frequency and methods matter too. If more regular income is needed, BMI’s monthly distributions for certain royalties might be more appealing than ASCAP’s quarterly payments. Some PROs offer direct deposit while others still use checks, which could affect international members. Also consider the additional services offered – many PROs provide workshops, networking events, and music production courses that could benefit career development.

Registration requirements and fees should factor into the decision. While BMI offers free membership for songwriters, ASCAP’s modest fee might be worth it if their member benefits align with needs. SESAC’s invitation-only model means recruitment is necessary, but their personalized service might benefit established writers. Research each PRO’s online tools and resources – having an easy-to-use portal for registering songs and tracking royalties can save significant time as a catalog grows.

Understanding performing rights organizations helps with making informed decisions about a music career. Whether just starting out or looking to maximize royalty collection, choosing the right PRO and properly registering works ensures fair compensation for creative output. Take time to research options, understand what each organization offers, and select the one that best fits current needs and future goals.

As skills develop through music production courses and catalogs grow, having the right PRO partnership becomes increasingly valuable. At Wisseloord, we understand the importance of both creative development and business knowledge in building a sustainable music career. If ready to learn more, contact our experts today.