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The Number One Mistake Entrepreneurs Make with ASCAP and BMI in Entertainment Law


Many business owners and creatives register with performing rights organizations (PROs) such as ASCAP or BMI to collect royalties. These organizations play an important role in helping you get paid when your music or creative work is performed publicly. However, there is one major mistake that entrepreneurs make over and over again when using these platforms.


Below, I break down the seven most common mistakes we see when clients register with a PRO, leading up to the number one issue that could cost you your rights in court.


1. Waiting Too Long to Register


Timing is everything. If you wait years after releasing your work before registering it with ASCAP or BMI, you can only collect royalties from the point of registration forward.


You cannot recover the royalties you missed before you signed up which means delaying registration leaves money on the table.


2. Uploading Audio Files Instead of Metadata


A PRO does not need your actual audio files. They only require information (metadata) such as:


  • Title of the work

  • Length of the work

  • Author and contributor details


Uploading audio files is unnecessary and will only complicate the process.


3. Registering Drafts or Incomplete Works


If you are a producer making draft beats, do not register them. Registration is for finished, final works. That said, if you create instrumental music that stands alone and is distributed commercially, then you should register those compositions to protect and monetize them.


4. Registering an Album Instead of Individual Works


Albums are not registered as one block, as each track must be registered individually. Every song has its own ISRC number, earns its own royalties, and is treated as a unique piece of intellectual property.


5. Failing to Disclose Samples


If you have licensed samples or collaborated with another creator whose material appears in your work, you must disclose that during registration. For example, if you obtained a license to use a vocal recording from another creator, it qualifies as a sample. However, loops from purchased sample packs typically do not need to be disclosed.


6. Believing a Publisher Is Required


Many entrepreneurs avoid registering because they assume a publisher is required to collect publishing royalties. The truth is, you can register and collect both the writer’s share and the publisher’s share yourself.


  • On ASCAP, this equals 100% of your publishing.

  • On BMI, the math is displayed as 200% (100% writer share + 100% publisher share).


You can collect all of it without a separate publisher.


7. Assuming ASCAP or BMI Protects Your Copyright


This is the most damaging mistake. Registering your work with ASCAP or BMI does not give you copyright protection. These organizations only collect royalties. Copyright protection comes from registering your work with the U.S. Copyright Office at copyright.gov.


Without a copyright registration, you cannot:


  • File a lawsuit in federal court

  • Recover attorney’s fees

  • Seek statutory damages (often the largest financial remedy)


In other words, registering with a PRO helps you collect money, but registering with the Copyright Office gives you the legal leverage you need if someone infringes your rights.


8. Why This Matters for Entrepreneurs and Creatives


When someone uses your work without permission, timing matters. If your work is not already registered with the Copyright Office, your legal options are limited and enforcement can become very costly.


A recent example involves lawsuits against companies that admitted to training artificial intelligence on creative works without permission. If your works were on streaming platforms in recent years, you may be part of that class action. But if you never registered your copyrights, your ability to recover damages is significantly reduced.


9. Final Takeaway


Every entrepreneur, business owner, and creative should do two things:


  1. Register their works with a PRO (ASCAP, BMI, or the appropriate organization in your country).

  2. Register their works with the U.S. Copyright Office.


These two steps work together to maximize both your income and your legal protection.


👉 If you want guidance on protecting your intellectual property or navigating ASCAP, BMI, or copyright registration, our firm can help. Contact us today to ensure your rights and revenue are fully protected.




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