FAQ
Frequently Asked Questions
Yes and no. If you’re an ABC, CBS, NBC or Univision affiliate, your network has a network license with ASCAP, BMI and SESAC but that license only covers performances of music contained in the network shows. As one of those affiliates you still have plenty of programming that is not “network” and your licenses with the PROs cover performances of music in your “non-network” programming and announcements. Other networks, such as Fox, CW, MyNet, Cozi TV or TBN, do not have network licenses from the PROs. For affiliates of these networks and for other independents, your licenses with the PROs cover all of your programming (even the network shows).
In short, the relationship is like this:
PRO licenses a business
⇓
the business plays music and the business pays PRO
⇓
PRO pays the composer/publisher for the music
that was played by the business
U.S. copyright law entitles the owners of copyrights in musical compositions to control the public performance of their copyrighted music. When television stations broadcast programs containing copyrighted music, they are making public performances of the compositions and, subject to few exceptions, need a performing rights license. Producers of television programs and commercials usually do not pay for the music performance rights that stations need. Since most television programs and commercials contain copyrighted music from one or more of the PROs’ repertories, having a license with all three PROs provides protection from copyright infringement risks. If your station could license all of the music contained in its broadcasts directly from the copyright owners or through the suppliers of the programming and commercials, you would not need PRO licenses, but we are not aware of any station that attempts to license 100% of its music directly.
The TVMLC and ASCAP have agreed upon terms for new license agreements effective July 1, 2019. These terms are confidential and ASCAP will be distributing the license agreements to the stations. The TVMLC staff is available to discuss the terms of your stations’ license agreements with you should you have any questions once you receive the documents.
The ASCAP licenses cover, on a through-to-the-viewer basis, performances of ASCAP music in programming that is broadcast by local television stations (including on digital multicast channels), streamed on station-affiliated websites, or delivered as part of programming supplied by stations via mobile, wireless and other digital platforms.
Industry-wide license fees are allocated to stations each calendar year based on a formula that accounts for market size, audience size, and the number of stations in each market.
BMI
The current license agreements with BMI began January 1, 2005 and end December 31, 2017. Prior to that date both parties begin negotiation of new licenses for the industry. The period January 1, 2005 – December 31, 2012 was resolved through litigation and the fees paid during that time were final as of the finalization of the licenses. For the period January 1, 2013 – December 31, 2017 the industry fees for each calendar year was $78,650,000. Since 2017, stations licenses are in interim status. This means that the blanket fee of $78,650,000 remains the same but each year, the Committee performs a new allocation (see question #14).
The BMI interim licenses cover, on a through-to-the-viewer basis, performances of BMI music in programming that is broadcast by local television stations (including on digital multicast channels), streamed on station-affiliated websites, or delivered as part of programming supplied by stations via mobile, wireless and other digital platforms.
Industry-wide interim license fees are allocated to stations each calendar year based on a formula that accounts for market size, audience size, and the number of stations in each market.
SESAC
The TVMLC and SESAC have recently concluded negotiations over final license fees and terms for the period January 1, 2020 – December 31, 2023. The industry-wide blanket license fees are as follows:
- 2016: $36,500,000 (*plus a $300,000 per program station administrative fee)
- 2017: $37,500,000 (*plus a $300,000 per program station administrative fee)
- 2018: $38,000,500 (*plus a $300,000 per program station administrative fee)
- 2019: $38,500,000 (*plus a $300,000 per program station administrative fee)
*Please note that the administrative fee only applies to stations that are taking the per program license
1 – Look at your ratings and market size. If they increased the past year, then your fees will increase and if they decreased, then your fees will decrease.
2 – Call us and we will help you with your budgeting.