The US is the world’s largest music market, but its collection system operates very differently from the UK.
Performing rights
Where the UK has a single performing rights society (PRS), the US has multiple competing organisations.
ASCAP (the American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are the two largest, together handling approximately 90% of the US performing rights market. ASCAP is member-governed and operates on a not-for-profit basis. BMI is owned by New Mountain Capital, a private equity firm.
Both ASCAP and BMI operate under consent decrees – legal agreements with the US Department of Justice that regulate how they set licence fees. These consent decrees have historically resulted in lower US performing rights rates compared to the UK and Europe. {{Verify: consent decree status – there has been ongoing debate about whether these should be modified or removed.}}
SESAC and GMR (Global Music Rights) are smaller, invitation-only societies that are not subject to consent decrees. They tend to represent high-value catalogues and offer more tailored services. AllTrack, a newer US PRO launched in 2019, also operates in this space.
As a UK writer, your PRS membership gives you US performing rights representation through a reciprocal agreement with either ASCAP or BMI. You choose which one and notify PRS. That choice affects how quickly your US payments arrive and what level of data visibility you have. Writers with significant US income sometimes join ASCAP or BMI directly for faster payment and greater control, though this requires excluding the US from your PRS membership.
Mechanical rights: The MLC
The Music Modernization Act 2018 created The MLC (the Mechanical Licensing Collective), which handles digital mechanical royalties for streaming and downloads in the US. Membership is free and open to self-administered songwriters, publishers, and CMOs globally. Key features:
- Funded entirely by digital services, with no fees or commission deductions for members
- Monthly distributions
- A publicly searchable database of musical works
- Covers digital streaming and downloads only, not physical products
UK writers can join The MLC directly, which may get US mechanical income to you faster than waiting for it to flow through MCPS reciprocal arrangements. If you are self-published, this is particularly relevant, as MCPS’s reciprocal coverage for US digital mechanicals may be limited.
US rates
US royalty rates for songwriters are generally lower than UK and European rates. That is largely a consequence of the consent decree framework governing ASCAP and BMI, and the compulsory mechanical licence system, where rates are set by the Copyright Royalty Board (CRB). The sheer size of the US market means that even at lower per-use rates, it can generate substantial income – but the rate-setting structure is a long-standing point of contention for songwriters and publishers.
