# Excluding works from BMI registration



## presetfreund (Jan 28, 2016)

Hi all,

this issue may not be totally new but I didn´t find anything via search function on the forum.

Time for me to join a PRO, as a composer. Though being german, I would prefer BMI for several reasons.

My music has been published since 10 years in computer games and industrials and via production music platforms and the like, all RF (shame on me), so there is lots of music that can never be affiliated with any PRO because I sold each license royalty-free and I cannot have someone collect royalties from those clients subsequently.

So everyone including the clerk at BMI London tells me that the deal with BMI is non-exclusive so I may exclude those works and not register them with BMI. Fine! But when I read article 2 which covers the registration of works in the Agreement there still are some doubts on my side, probably it is only my insufficient contract-English skills.

E.g. this:
"Within ten (10) days after the execution of this agreement you will furnish to us a completed work registration form [...] from us with respect to each Work heretofore composed by you which has been published in printed copies or recorded commercially or synchronized commercially with film or tape or which is being currently performed or which you consider as likely to be performed."

Seems to me like I have to register all music I have composed to date, or do I misunderstand something ?
Or is it a case of "Don´t take that too seriously, they have to write it into their contract...."

Long story short:
Please, do you guys have any experience with excluding musical works from BMI registration?
And, in case that it _is_ possible, do I have to list those works somewhere, or do I just not register them (in other words, just no "mentioning" of those tracks) ?

Thank you in advance.


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## Daryl (Jan 28, 2016)

BMI has a London office? really? That's news to me. Any particular reason you want to join BMI?


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## presetfreund (Jan 28, 2016)

Daryl said:


> BMI has a London office? really? That's news to me.



Here:
http://www.bmi.com/about/entry/contact_us



Daryl said:


> Any particular reason you want to join BMI?



What do you mean: why join a PRO in the first place, or why not join german PRO?


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## Daryl (Jan 28, 2016)

presetfreund said:


> What do you mean: why join a PRO in the first place, or why not join german PRO?


Well yes, I would have thought either GEMA or if you want to do it through London, PRS.


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## presetfreund (Jan 28, 2016)

Daryl said:


> Well yes, I would have thought either GEMA or if you want to do it through London, PRS.



I am not sure about GEMA at the moment for several reasons. That is why I am checking out alternatives.

Not PRS, BMI. On their website BMI asks interested people to adress their questions about joining to the nearest BMI location, thus: London in my case.


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## Daryl (Jan 28, 2016)

presetfreund said:


> I am not sure about GEMA at the moment for several reasons. That is why I am checking out alternatives.
> 
> Not PRS, BMI. On their website BMI asks interested people to adress their questions about joining to the nearest BMI location, thus: London in my case.


Ah right, I see.


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## presetfreund (Jan 28, 2016)

That´s breathtaking---

Now if anyone else got some more helpful information to share please do not hesitate. Merci beaucoup.


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## RiffWraith (Jan 28, 2016)

My advice to you: call the BMI office in LA, or Nashville. I am an ASCAP member, and to that end, this type of Q would be directed to "member services". I am sure BMI has the same thing, but it might be called something different. They will be able to answer these types of Qs for you better than anyone on this forum.

Cheers.


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## RiffWraith (Jan 28, 2016)

Daryl said:


> BMI has a London office? really? That's news to me.



Yeah - they also have an office in Puerto Rico


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## presetfreund (Jan 28, 2016)

RiffWraith said:


> ... call ... "member services". I am sure BMI has the same thing... They will be able to answer these types of Qs for you better than anyone on this forum...



Really? How come? I should think excluding works from BMI registration is a quite common issue among aspiring musicians.
And since the motto of vi-control forum is "Musicians helping musicians" I was quite sure that this is the best place to pose that question.


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## RiffWraith (Jan 29, 2016)

presetfreund said:


> Really? How come?



Because they will be able to answer these types of Qs for you better than anyone on this forum.

Cheers.


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## chillbot (Jan 29, 2016)

The reason they want a list of your works is so they can track them and pay you for them. If you don't want to be paid for them (or can't be) just don't include them. It's really no a big deal, you're not going to invalidate your contract. It's hard enough to make sure you get paid for all of your music, not getting paid is the easy part.


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## gsilbers (Jan 29, 2016)

what chillbot said.
you don't have to register them with BMI. you can register your name/aliases and that's it.

for other songs that you own writers share you don't have to register them as well if you are not the publisher.
the publisher will make sure to register them and most likely change the name of the track. they will add your name as the composer and their name as the publisher.
if you want to be your own publisher then you register in both bmi and ascap as a publisher and only in BMI as a composer. then you register any song were you own both the publishing and writers share with both pros.
if you are in EU maybe a local pro might be better. we tend to wait for a while for EU pros to provide info to USA pros and the math is as usual, voodoo.


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## presetfreund (Jan 29, 2016)

chillbot said:


> It's hard enough to make sure you get paid for all of your music, not getting paid is the easy part.


Thanks, that was helpful.
The thing is I do not want my PRO to track music with my name and send to the licensors of these older works (my clients) some royalty payment request. That could generate trouble in the end.



gsilbers said:


> what chillbot said.
> you don't have to register them with BMI. you can register your name/aliases and that's it.



Also thank you. Hoewever, I am completely new to all that royalty- and PRO-stuff. Honestly said, it is just driving me crazy at the moment. Fascinating.



gsilbers said:


> for other songs that you own writers share you don't have to register them as well if you are not the publisher.
> the publisher will make sure to register them and most likely change the name of the track. they will add your name as the composer and their name as the publisher.



If e.g. I will be placing works in a production music library (which I am actually going to do and what is the initial reason I will join a PRO these days) the guy who runs the library is the publisher, right? And he/she/they will register the songs, yeah thats what I know so far- the point "most likely change the name of the track" seems shady to me. Why change name? The track is the track, and its got the name "x". Period. (?)



gsilbers said:


> if you want to be your own publisher then you register in both bmi and ascap as a publisher and only in BMI as a composer. then you register any song were you own both the publishing and writers share with both pros.


At the moment I have no plans suchlike. And -being a PRO newbie as said- I understand barely the half of it

but it will surely be useful for someone else reading this thread.




gsilbers said:


> if you are in EU maybe a local pro might be better. we tend to wait for a while for EU pros to provide info to USA pros and the math is as usual, voodoo.



For several reasons I prefer BMI to Gema in which the most important is that there are one or two major PM libraries who won´t accept Gema registered works.


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## Daryl (Jan 29, 2016)

presetfreund said:


> "most likely change the name of the track" seems shady to me. Why change name? The track is the track, and its got the name "x". Period. (?)


Maybe the name you chose is not very commercial, so by changing the name you will earn more money, particularly if the title is something that their search engine might track better.


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