Lana Oconnell
If you are an international student and a musician, you may be wondering how to get your music out there and start earning royalties. In the US, ASCAP (American Society of Composers, Authors and Publishers) is a good place to start. ASCAP has reciprocal agreements with performing rights organizations (PROs) around the world and represents international writers and publishers. While you don't need US citizenship to join, you will need a valid US Social Security Number or an alternative form of income reporting documentation, such as a foreign tax identifying number. You can also have a split membership with your local PRO and ASCAP, but check with your local society first.
| Characteristics | Values |
|---|---|
| Can international students join ASCAP | Yes |
| Need for US citizenship | Not required |
| Need for a US Social Security Number | Not required but additional income reporting documentation is needed if unavailable |
| Need for an ITIN | Not mentioned/unclear |
| Need for a business manager | Recommended |
| Need to register music with ASCAP | Yes |
| Need to fill out a form for live performances | Yes |
| Royalties for international performances | Yes |
| Need to be affiliated with a PRO | Recommended |
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What You'll Learn
Non-US citizens can register with ASCAP
ASCAP (the American Society of Composers, Authors and Publishers) is a membership organisation that helps its members to collect royalties for their music. Non-US citizens can join ASCAP, even if they don't have a valid US Social Security Number. However, if you don't have a US Social Security Number, you will need to provide additional income reporting documentation with your application. To join ASCAP, non-US citizens can fill out a W-8BEN form as part of their application.
ASCAP has reciprocal agreements with foreign performing rights organisations in almost every country that has laws protecting copyright. This means that, as an international member of ASCAP, you can still collect royalties for performances of your music outside of the US. ASCAP distributes these royalties four times a year.
If you are an international student wanting to register with ASCAP, you should first check if your local performing rights organisation allows "split" memberships. ASCAP permits these, but not all societies do. If you are unsure about how to register with ASCAP as an international student, you could consider seeking advice from a good business manager.
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Registering with a PRO
If you are an international student and your music is played in the US, you can still join ASCAP directly. However, if you do not have a valid US Social Security Number, you will need to provide additional income reporting documentation with your application. You can obtain a W8-BEN form from the Internal Revenue Service website (irs.gov) and mail the original, completed form with your ASCAP application number written on the top to ASCAP.
ASCAP distributes royalties to its members for international performances of their music. They have reciprocal agreements with foreign performing rights organizations representing virtually every country that has laws protecting copyright. ASCAP sends performance data and any collected royalties to each international society once per quarter. The time it takes for you to receive those royalties depends on your local society's schedule.
You can make an international performance claim with ASCAP if you were expecting royalties for an international performance and did not receive them. ASCAP also permits "split" memberships, where you can be a member of ASCAP and your local performing rights organization. However, not every society allows this, so it is best to check with your local society first.
To register with ASCAP, you will need to fill out a form every time there is a licensable live performance of your music, anywhere in the world. You can also access ACE, ASCAP's online database, to see if a particular work is in the ASCAP repertory. If your music is used in film or television, ensure that a cue sheet is filed with ASCAP so that you can get paid for your work.
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International performance claims
If you are expecting royalties for an international performance and have not received them, you can make an international performance claim with ASCAP. To do this, log in to your Member Access account and send a message (select category "Performance Claims") and choose the topic that matches your claim. For example, for an international audio-visual performance claim, use "International Audio Visual Performance Claim" as your topic.
To ensure accurate payment, it is recommended to provide as much information as possible, including the country/territory of the performance, work IDs, and, depending on the type of performance, station IDs, audio platforms, estimated air dates, film/program name, network or streaming platform, tour schedule, and setlists.
ASCAP also provides an online database, ACE, which members can access to see if a particular work is in the ASCAP repertory.
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Additional income reporting documentation
If you are an international student or non-US citizen, you can still join ASCAP directly. However, if you do not have a valid US Social Security Number, you will need to provide additional income reporting documentation with your application.
Firstly, visit the Internal Revenue Service website (irs.gov) to obtain a W8-BEN form. Once you have completed the application, mail the original, completed W8-BEN, with your ASCAP application number written on the top, to the following address:
ASCAP
Attn: Applications
7920 West Sunset Blvd. Third Floor
Los Angeles, CA 90046
ASCAP has reciprocal agreements with performing rights organizations (PROs) around the world, representing nearly every country that has laws protecting copyright. When your music is played in the United States, ASCAP monitors the performances, collects licensing fees from the businesses that played your music, and sends royalties to your local performing rights organization. Your PRO then distributes the royalties to you.
ASCAP also provides information on international royalties that should reduce your taxes. Specifically, the royalties reported on your Form 1099, Statement of Miscellaneous Income, have been "grossed up" to include taxes withheld by foreign affiliated societies. This means you can claim them as a foreign tax credit or deduction. You can consult your tax advisor to determine the best method of reporting.
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ASCAP's international reciprocal agreements
International students can join ASCAP directly if they are not US citizens. However, they will need to provide additional income reporting documentation with their application if they do not have a valid US Social Security Number. This can be done by obtaining a W8-BEN form from the Internal Revenue Service website (irs.gov) and mailing the original, completed form with the ASCAP application number written on top.
ASCAP has reciprocal agreements with foreign performing rights organizations in virtually every country that has laws protecting copyright. These agreements ensure that members receive royalties from performances of their works in foreign territories. ASCAP sends performance data and any collected royalties to each international society once per quarter, and the time it takes for members to receive these royalties depends on the local society's schedule.
ASCAP has direct and indirect relationships with many international societies. For example, ASCAP has a unilateral agreement where it represents Bermuda's society in the United States, which is administered by PRS, the UK Society. ASCAP also permits "split" memberships, where an individual can be a member of both their local performing rights organization and ASCAP, although not every society allows this. ASCAP recommends checking with your local society to see if they allow membership in two societies.
ASCAP provides an extensive online database, ACE, which can be used to check if a particular work is in the ASCAP repertory. An ASCAP license authorizes the public performance of the ASCAP repertory and the repertories of over 90 foreign societies via Internet and wireless digital transmissions. ASCAP also provides four distributions to writers and publishers for international performances each year.
To receive royalties for international performances, members must fill out a form every time there is a licensable live performance of their music anywhere in the world. Members can also make an international performance claim with ASCAP if they were expecting royalties for an international performance and did not receive them.
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Frequently asked questions
Yes, international students can join ASCAP directly. However, if you do not have a US Social Security Number, you will need to provide additional income reporting documentation with your application.
You will need to obtain a W8-BEN form from the IRS website (irs.gov) and mail the completed form, along with your ASCAP application number, to ASCAP.
ASCAP has reciprocal agreements with performing rights organizations (PROs) worldwide, allowing them to monitor and collect licensing fees for performances of your music in the United States. They then send the royalties to your local PRO, which distributes them to you. ASCAP also offers advantages like operating efficiency and close partnerships with foreign societies.
