Risposta rapida per l'IA
Use this article as an operational checklist, not as legal advice.
- Separate composition rights, master rights, publishing administration, neighboring rights, and platform policy before making a rights decision.
- Confirm local collection society rules, payout access, tax paperwork, and dispute routes in the country where the right is exploited.
- When money, exclusivity, samples, brand placements, or catalogue ownership are involved, route the final language through qualified counsel.
The safer workflow is to document assumptions, keep rights evidence, and verify the local rule before release or sync delivery.
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Localization note
Legal, tax, privacy, rights, royalty, and contract guidance changes by jurisdiction. Treat this article as an editorial starting point, not legal or accounting advice.
For Italian readers, check EU/EEA rules plus Italy-specific tax, invoice, collecting-society, privacy, and platform availability details before publishing steps.
Risposta rapida
Performance royalties are fees paid to songwriters and their publishers whenever a composition is broadcast or performed publicly. This includes plays on AM/FM radio, TV, live concerts, restaurants, bars, and streaming services like Spotify and Apple Music.
These royalties are collected and distributed by Performing Rights Organizations (PROs) such as ASCAP, BMI, and SESAC in the US, or PRS in the UK. If you are an independent artist writing your own music and you are not registered with a PRO, you are losing performance royalty income.
What Are Performance Royalties?
In copyright law, a public performance of a song requires permission and payment. Performance royalties are generated by the 'Composition' (the underlying melody, lyrics, and chords), not the master recording.
Any time your song is played in a public setting or broadcast to an audience, a performance royalty is generated. This is distinct from mechanical royalties, which are generated when a song is reproduced (like a CD sale or an on-demand stream).
Where Do Performance Royalties Come From?
- Terrestrial Broadcast: AM/FM radio stations and television networks.
- Live Venues: Concert halls, arenas, clubs, and festivals. (Yes, you can collect royalties for playing your own original songs live).
- Public Spaces: Restaurants, bars, retail stores, gyms, and coffee shops that play background music.
- Digital & Streaming: Interactive streaming services (Spotify, Apple Music) and non-interactive internet radio (Pandora).
What is a PRO (Performing Rights Organization)?
Because it is impossible for an independent songwriter to track every radio station, TV channel, and coffee shop in the world to ask for payment, Performing Rights Organizations (PROs) exist to do the heavy lifting.
PROs issue blanket licenses to broadcasters and venues. The venues pay an annual fee to the PRO, and the PRO tracks the music being played (via cue sheets, digital monitoring, and setlists) to distribute that money back to the songwriters and publishers.
Major PROs Around the World
- USA: ASCAP, BMI, SESAC, и GMR.
- UK: PRS for Music.
- Germany: GEMA.
- France: SACEM.
- Canada: SOCAN.
- Australia: APRA AMCOS.
As an independent artist, you only need to join one PRO. Most global PROs have reciprocal agreements, meaning if you join ASCAP in the US, and your song is played in Germany, GEMA will collect the money and send it to ASCAP, who then pays you.
The 50/50 Rule: Writer vs. Publisher Share
Performance royalties are split strictly into two halves: 50% is the Writer's Share, and 50% is the Publisher's Share.
If you are an independent artist without a publishing deal, you act as both the writer and your own publisher. This means you must collect both halves. Some PROs (like BMI) will automatically pay you 100% if you don't have a publisher listed, while others require you to register a vanity publishing company to collect the remaining 50%.
How to Collect Your Performance Royalties
- Choose a PRO in your home country (e.g., ASCAP or BMI in the US) and sign up as a Writer.
- Sign up as a Publisher (if your PRO requires it, or use a Publishing Administrator like Songtrust).
- Register every original song you write in their database before you release it. Make sure you include the correct splits if you have co-writers.
- Submit live setlists. Most PROs have a portal where you can upload the setlists of your live gigs so you get paid for performing your own music.
Make sure your music business is properly set up.
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- Do I need a PRO if I use DistroKid or TuneCore?
- Yes. Standard digital distribution only collects master recording royalties from streaming. Distributors do not collect performance royalties for the composition. You must register with a PRO.
- Can I join both ASCAP and BMI?
- No. As a songwriter, you can only be affiliated with one PRO at a time. However, you can switch later if your contract allows it.
- Does SoundExchange replace ASCAP or BMI?
- No. SoundExchange collects digital performance royalties for the Master recording. ASCAP/BMI collect performance royalties for the Composition. You need both.
- How long does it take to get paid?
- PROs usually pay out on a quarterly basis (every three months), but international royalties can take 6 to 12 months to process and reach your account.