7
1. COMPANY NAME: (Reserved) 2. ADDRESS: EMAIL: c/o (iF APPLICABLE) STREET A~r. DR SUITE# ~F APPUCABLE) CITY STATE ZiP CODE Telephone number: ( } FAX number: ( ) Please note: Publisher contact information for performed works will belisted in the ACE database onthe ASCAP website. ROYALTY ADDRESS: (only if you wouldlike your royalties and performance statementssent to a different address than above) c/o )IF APPLICABLE] STREET APT. OR SUITE # (IF APPLICABLE) CITY STATE ZIP CODE Telephone number: ( I FAX number: ( ) 3. THIS COMPANY WAS FORMED AS A: (check one) Q Individual Ownership (fill out A, below) Partnership or Joint Venture (fill out B and #4, below) Q Corporationor Limited Liability Company (LLC) (fill out C and #4, below) INDIVIDUAL OWNERSHIP: OWNER’S NAME (FULL LEGAL NAME) or SOCIAL SECURITY # T~ IDENTIFICATION # Do youwish to have royalty checks made payable in the company’s name, or in your name? (check one) Q Company name Q My name doing business as (d/b/a) Company name B. PARTNERSHIP OR JOINT VENTURE: Tax ID# Year Established: Social Security numbers CANNOT be used as Tax ID numbers. LIST ALL PARTNERS (first name, last name) SOCIAL SECURITY # (for each partner listed) A. C. CORPORATION OR LLC: TaxlD# State of lncorporation: Date of Charter: / / IMPORTANT NOTE: You CANNOT apply as a corporation if you have not registered as one with your state. Social Security numbers CANNOT be used as Tax ID numbers. LIST ALL OFFICERS OR MEMBERS (first name, last name) AND TITLES LISTALL STOCKHOLDERS (Corporations only) OR ALL OWNERS (LLC’s only)

ASCAP Publishers Application

Embed Size (px)

DESCRIPTION

Application for publishers

Citation preview

Page 1: ASCAP Publishers Application

1. COMPANY NAME: (Reserved)

2. ADDRESS: EMAIL:c/o (iF APPLICABLE)

STREET A~r. DR SUITE# ~F APPUCABLE)

CITY STATE ZiP CODETelephone number: ( } FAX number: ( )

Please note: Publisher contact information for performed works will be listed in the ACE database on the ASCAP website.

ROYALTY ADDRESS: (only if you would like your royalties and performance statements sent to a different address than above)

c/o )IF APPLICABLE]

STREET APT. OR SUITE # (IF APPLICABLE)

CITY STATE ZIP CODETelephone number: ( I FAX number: ( )

3. THIS COMPANY WAS FORMED AS A: (check one)Q Individual Ownership (fill out A, below)

Partnership or Joint Venture (fill out B and #4, below)

Q Corporation or Limited Liability Company (LLC) (fill out C and #4, below)

INDIVIDUAL OWNERSHIP:OWNER’S NAME (FULL LEGAL NAME)

orSOCIAL SECURITY # T~ IDENTIFICATION #

Do you wish to have royalty checks made payable in the company’s name, or in your name? (check one)Q Company name Q My name doing business as (d/b/a) Company name

B. PARTNERSHIP OR JOINT VENTURE: Tax ID# Year Established:Social Security numbers CANNOT be used as Tax ID numbers.

LIST ALL PARTNERS (first name, last name) SOCIAL SECURITY # (for each partner listed)

A.

C. CORPORATION OR LLC: TaxlD# State of lncorporation: Date of Charter: / /IMPORTANT NOTE: You CANNOT apply as a corporation if you have not registered as one with your state.Social Security numbers CANNOT be used as Tax ID numbers.

LIST ALL OFFICERS OR MEMBERS (first name, last name) AND TITLES

LIST ALL STOCKHOLDERS (Corporations only) OR ALL OWNERS (LLC’s only)

Page 2: ASCAP Publishers Application

COMPANY REPRESENTATIVE:Each publisher member, unless an individual ownership, must file the name of a person who will be the company’s representative, for allpurposes, to ASCAP (see Section 11, Article III of the ASCAP Articles of Association). This person must be an officer, partner or owner.Please list this designated representative’s name and capacity below:

PRINT NAME (First, middle name or initial last) CAPACCAPACITY, i office (specify office held) partner or owner i.e. officer (specify office held).................................................................... {speci~ office held), part~er or owner

SIGNATURE OF DESIGNATED REPRESENTATIVE

If any of the individuals listed in 3A, 3B or 3C are or have been members or affiliates of0 ASCAP ~ BMI 0 SESAC ~ or a foreign performing right licensing organization

please provide the following information: (If more than two individuals, simply attach additional information on a separate page.)

SOCIAL SECURITY #

SOCIAL SECURITY #

SOCIAL SECLIRI17 # OR TIN

INDIVIDUAL’S NAME)FIRST NAME, LAST NAME)

(INDIVIDUAL’S NAME [FIRST NAME, LAST NAME)

If a publisher, please indicate:

NAME OF COMPANY

To qualify for membership in ASCAP, you must be the publisher of at least one musical work or songthat has been commercially recorded, performed publicly in any venue licensable by ASCAP, performedin any audio visual or electronic medium, or available for sale or rental as sheet music, a score or folio.

6. I AM APPLYING FOR MEMBERSHIP, BASED ON THE FOLLOWING MUSICAL WORK OR SONGPUBLISHED BY MY (OUR) COMPANY:

Title of ONE musical work or song:

Songwriter(s)/Composer(s):

Please check ONE of the following requirements you meet to qualify for membership in ASCAPand provide the information requested based on the musical work or song listed above:

A commercial recording

Recording Artist:

OR

Date of Release: Record Label:

Public performance in any venue licensable by ASCAP (Club, live concert, symphonicconcert or recital venue, college or university, etc.)

Performer:

OR

OR

Name of venue:

Date of Performance: Where?:

[] Performance in any audio visual or electronic medium (film, television, radio, Internet,cable, pay-per-view, etc.)

Medium (film, television, radio, Internet, etc.):

Title or name of film, television program, website or radio station:

Date of performance:

[] Published sheet music, score or folio available for sale or rental

Title of published sheet music, score or folio:(Please attach a copy of sheet music)

If you have a question about eligibility requirements, call an ASCAP Membership office nearest you.

Page 3: ASCAP Publishers Application

COMPANY REPRESENTATIVE:Each publisher member, unless an individual ownership, must file the name of a person who will be the company’s representative, for allpurposes, to ASCAP (see Section 11, Article III of the ASCAP Articles of Association). This person must be an officer, partner or owner.Please list this designated representative’s name and capacity below:

PRINT NAME [(First,, middle name or initial, last) CAPACITY, i.e. of[net{specify office held], partner or owner

SIGNATURE OF DESIGNATED REPRESENTATIVE

If any of the individuals listed in 3A, 3B or 3C are or have been members or affiliates ofQ ASCAP [] BMI [] SESAC ~ or a foreign performing right licensing organization

please provide the following information: (If more than two individuals, simply attach additiona/ information on a separate page)

SOCIAL SECURITY #

SOCIAL SECURITY #

SOCIAL SECURITY # OR TIN

INDIVIDUAL’s NAME (FIRST NAME, LAST NAME)

IINDIVIDUAL’S NAME FIRST NAME, LAST NAME)

If a publisher, please indicate:

NAME OF COMPANY

To qualify for membership in ASCAP, you must be the publisher of at least one musical work or songthat has been commercially recorded, performed publicly in any venue licensable by ASCAP, performedin any audio visual or electronic medium, or available for sale or rental as sheet music, a score or folio.

6. I AM APPLYING FOR MEMBERSHIP, BASED ON THE FOLLOWING MUSICAL WORK OR SONGPUBLISHED BY MY (OUR) COMPANY:

Title of ONE musical work or song:

Songwriter(s)/Composer(s):

Please check ONE of the following requirements you meet to qualify for membership in ASCAPand provide the information requested based on the musical work or song listed above:

A commercial recording

Recording Artist:

OR

Date of Release: Record Label:

Public performance in any venue licensable by ASCAP (Club, live concert, symphonicconcert or recital venue, college or university, etc.)

Performer:

OR

OR

Name of venue:

Date of Performance: Where?:

[] Performance in any audio visual or electronic medium (film, television, radio, Internet,cable, pay-per-view, etc.)

Medium (film, television, radio, Internet, etc.):

Title or name of film, television program, website or radio station:

Date of performance:

[] Published sheet music, score or folio available for sale or rental

Title of published sheet music, score or folio:(Please attach a copy of sheet music)

If you have a question about eligibility requirements, call an ASCAP Membership office nearest you.

Page 4: ASCAP Publishers Application

PLEASE CHECK HERE IF YOU PRIMARILY PUBLISH CONCERT MUSIC (WORKS FORORCHESTRA, CHAMBER ENSEMBLE, CHORUS, WIND ENSEMBLE/CONCERT BAND,ELECTRO-ACOUSTIC FORCES, ETC.): ~ YES

8. WARRANTIES & REPRESENTATIONS

C.

D.

Applicant warrants that the work listed in Item #6 above is a domestic or foreign copyrighted musical composition owned byApplicant as of this date. If a foreign copyright, performing rights for the United States or the United States and Canada areowned by Applicant.

Applicant also hereby represents that there are no existing assignments or licenses, direct or indirect, of non-dramaticperforming rights in or to the musical work listed in Item #6 above except for the assignments or licenses of which Applicanthas attached true copies.

Applicant has read the ASCAP Articles of Association and agrees to be bound by them, as now in effect, and as they may beamended, and Applicant agrees to execute agreements in such form and for such periods as the Board of Directors shallhave required or shall hereafter require for all members.

Applicant represents that Applicant meets the eligibility requirements for publisher membership, as described in theInstructions. Applicant understands that ASCAP reserves the right to request substantiation of eligibility at any time.

Applicant warrants and represents that all of the information furnished in this application is true. Applicant acknowledgesthat any agreement entered into between ASCAP and the company will be in reliance upon the representations contained inthis application and that this membership will be subject to termination if any information contained in this application isnot complete and accurate, or if the names of each owner, stockholder and officer are not provided as requested.

PLEASE SIGN YOUR LEGAL NAME:

SIGN HERE (OWNER, PARTNER OR OFFICER)

SIGNATURE OF PARENT OR GUARDIAN iF APPLICANT IS UNDER 18

TO BE CREDITED FOR PERFORMANCES OF YOUR WORKS, EACH MUSICAL WORK YOU PUBLISH MUST BEREGISTERED WITH ASCAP YOU MAY CHOOSE TO REGISTER YOUR WORKS IN ONE OF SEVERAL WAYS.PLEASE COMPLETE THE ENCLOSED TITLE REGISTRATION INFORMATION FORM TO INDICATE YOURPREFERRED METHOD OF TITLE REGISTRATION, AND WE WILL SEND THE APPROPRIATE MATERIALS TO YOUUPON ELECTION.(Please note: Registration of works with ASCAP does not constitute copyright registration. For more information on copyright registration,contact: U.S. Copyright Office, Library of Congress, 101 independence Avenue, S.E., Washington, D.C. 20559-6000, (202) 707-3000,http://www.lcweb.loc.gov/copyright/).

ASCAP

Page 5: ASCAP Publishers Application

ASCAP

ASCAP Digital Audio RecordingFact Sheet and Form

The Audio Home Recording Act of 1992 created new royalty funds to beshared by writers, publishers, recording artists and record companies.Royalties are paid by manufacturers and importers of digital audiorecording equipment and recording media (e.g., blank tapes or discs).

The royalties are then divided into two funds. One-third of the total paidis allocated to the Musical Works Fund, (The other two-thirds is allocat-ed to the Sound Recordings Fund, to be shared by recording artists andrecord companies.) The Musical Works Fund is then subdivided 50-50into a Writers Subfund and a Publisher Subfund. Royalties are allocatedto claimants within each Subfund based on broadcast performances orphonorecord sales.

Royalties are allocated among the interested parties in each subfund asthey agree or, in the absence of agreement, as a Copyright ArbitrationRoyalty Panel and the Copyright Office decide.

ASCAP will act on behalf of those members who specifically designateASCAP to represent them in digital audio royalty matters under the Act.ASCAP’s services on behalf of those members include negotiations withother individual and joint claimants to Musical Works Fund royalties toreach voluntary agreement for the fair and equitable distribution ofroyalty payments. In the absence of such voluntary agreements, ASCAPwill represent those members in distribution proceedings before theCopyright Arbitration Royalty Panel, and seek the maximum award ofroyalties to which those members are entitled. ASCAP will then distrib-ute to those members the digital audio royalty payments collected.

ASCAP has a long and very successful track record in representing ourmembers before the Copyright Arbitration Royalty Panel and its prede-cessor entity, the Copyright Royalty Tribunal, in the collection and dis-tribution of royalties paid by users pursuant to the cable, satellite homecarrier, jukebox and noncommercial broadcast compulsory licenses.ASCAP is positioned, by virtue of our experience and the records we

maintain in the ordinary course of business, to provide these valuable,additional services with respect to digital audio royalty payments to ourmembership.

ASCAP is able to render these services at minimal cost, primarily byusing data we process in our routine survey of radio feature perfor-mances. We also rely on retail sales data electronically gathered by acomputerized information management network. We will also includein the amount to be distributed all interest earned while sums are in theprocess of distribution, in keeping with ASCAP’s normal practice.

Claims to each year’s royalties must be filed in January or February ofthe next year. Thus, for example, claims to this year’s royalties must befiled between January 1 and February 28 of next year.

You need not have ASCAP represent you in digital audio royalty distrib-ution proceedings - you may appear individually, or have another enti-ty represent you. HOWEVER, IF YOU WANT ASCAP TO REPRESENT YOU,YOU MUST CHECK"YES" BELOW. IF YOU CHECK ’YES,"YOU MAY TERMI-NATE THIS RIGHT GRANTED TO ASCAP AS OF JANUARY 1 OF ANY YEARGIVING NOTICE BY CERTIFIED MAIL TO ASCAP TO BE RECEIVED NOLATER THAN SEPTEMBER 30 OF THE PRECEDING YEAR.

IF YOU DO NOT DESIGNATE ASCAP TO REPRESENT YOU IN THIS MATTERAND YOU DO NOT FILE A TIMELY CLAIM ON YOUR OWN BEHALF ORMAKE ARRANGEMENTS TO BE REPRESENTED BY SOME OTHER ORGANI-ZATION, THERE IS NO POSSIBILTY THAT YOU WILL RECEIVE ANY PAY-MENT OF DIGITAL AUDIO WRITER OR PUBLISHER ROYALTIES. DO NOTMISS THE OPPORTUNITY FOR ADDITIONAL ROYALTIES BECAUSE YOUFAILED TO TAKE ACTION WHEN IT MATTERED.

If you have any questions, please contact our Member ServicesDepartment at 1-800-952-7227.

Publisher Digital Home Recording ("DART") Royalties Election Form

O YES, Applicant grants the American Society of Composers, Authors and Publishers ("ASCAP")COMPANY NAME

the exclusive right to collect and distribute digital audio royalty payments as provided in Public Law No. 102-563 (the Audio Home RecordingAct of 1992), as such law may be amended and payments for home recording of Applicant’s copyrighted musical works outside of the UnitedStates, with respect to all of the musical works described in the ASCAP Membership Agreement.

BySIGNATURE PRINT NAME DATE

ACCEPTED: ASCAP ByPRESIDENT AND CHAIRMAN OF THE BOARD

NO, Applicant does not wish ASCAP to represent it/me regarding home recording rights.COMPANY NAME

BySIGNATURE PRINT NAME DATE

Page 6: ASCAP Publishers Application

The following describes what you need to do to become a publisher member of ASCAp If you have not cleared andreserved a Publishing Company Name, do not fill out this application yet. You must have a name reserved for you beforeyou can apply for membership. If you have any questions, please feel free to contact the Membership Office nearest you.(A Request for Publishing Company Name Clearance Form is enclosed for your convenience.)

There is no fee for application. Annual membership dues of $50 for publisher members will either be billed to you ordeducted from your royalties. Do not send money with this application.

· How do I qualify for publisher membership in ASCAP?To become a publisher member, you must be the publisher of at least one musical work or song that has been:

commercially recorded (CD, record, tape, etc.),OR, performed publicly in any venue licensable by ASCAP (club, live concert, symphonic concert or recital venue, college or university, etc.),OR, performed in any audio visual or electronic medium (film, television, radio, Internet, cable, pay-per-view, etc.),OR, published and available for sale or rental as sheet music, a score or folio.

· What do I need to submit to complete the application process?You will need to enclose the following items so we may process your application for publisher membership:

[~1 APPLICATION Please complete the attached application in its entirety.

MEMBERSHIP AGREEMENTSThis application kit contains TWO unsigned copies of the Membership Agreement. BOTH agreements must be signed and returned withyour application. (Do not write anything on the front of the Agreement.)

1. Inside, sign your name on the top line next to the word "Owner" and include the date where requested. This signature should match yoursignature on the application. Print or type your name on the line underneath that. If you are under the age of 18, a parent’s or guardian’ssignature is required on the Agreement, as well as on the application.

DO NOT ENTER ANYTHING IN THE LOWER LEFT HAND CORNER ABOVE THE LINE THAT READS "PRESIDENT AND CHAIRMAN OF THE BOARD."2. Complete the second blank Agreement in the same way as the first, and return both copies. One fully executed Agreement, countersignedby ASCAP, will be returned to you following your election.

I/I/-9 FORM (Request for Taxpayer Identification Number and Certificate)

The IRS requires that ASCAP has accurate tax information on file for all members who are U.S. citizens or resident aliens. If you are not a U.S.citizen or resident alien, please contact us at (212) 621-6240 for further information.ASCAP CANNOT PROCESS THIS APPLICATION IF THE W-9 FORM IS NOT INCLUDED OR IS NOT SIGNED AND COMPLETED.If you use your Social Security number for your publishing entity, your name and Social Security number must match the name and number as theyappear on your Social Security card. If you have obtained a separate Tax ID # for your publishing entity, use this number on form W-9.

~1 TITLE REGISTRATION INFORMATION FORMPlease indicate your preferred method of title registration. We will send the appropriate materials to you at no charge upon election.

DIGITAL AUDIO ROYALTY FORM (OPTIONAL)Please complete and return this form with your application if you authorize ASCAP to collect royalties which may be due you based on theAudio Home Recording Act of 1992. If your works are administered or co-published by another publisher, you should check with thatpublisher before selecting a DART representative.

· How and when do I register my titles with ASCAP?To be credited for performances of your works, each musical Work you publish must be registered with ASCAP You may choose to register theseworks in one of several ways. Please complete the TITLE REGISTRATION INFORMATION FORM enclosed and indicate your preferred method of titleregistration, and we will send the appropriate materials to you upon election. You should register works with ASCAP whenever you expect acomposition to be performed publicly. We cannot distribute royalties for songs that have not been registered.

Page 7: ASCAP Publishers Application

New YorkOne Lincoln PlazaNew York, NY 10023(212) 621-6000 administrative(212) 621-6240 membership(212) 724-9064 fax

Los Angeles7920 West Sunset BoulevardThird FloorLos Angeles, CA 90046(323) 883-1000(323)883-1049 fax

NashvilleTwo Music Square WestNashville, TN 37203(615) 742-5000(615) 742-5020 fax

Chicago1608 West Belmont AvenueSuite 202Chicago, IL 60657{773) 472-1157(773) 472-1158 fax

Atlanta541-400 10th Street NWAtlanta, GA 30318(404) 753-4679(404) 755-4373 fax

Miami844 Alton RoadSuite 1Miami Beach, FL 33139(305) 673-3446(305) 673-2446 fax

London8 Cork StreetLondon WlX 1PB011-44-207-439-0909011-44-207-434-0073 fax

Puerto Rico510 Bank Trust Plaza255 Ponce de Lebn AvenueHato Rey, Puerto Rico 00917(787) 281-0782(787) 767-2805 fax

www.ascap.com