机械版税 vs. 表演版税：有什么区别以及如何收取

常见问题

What is the difference between mechanical and performance royalties?

<strong>Mechanical royalties</strong> are paid when a composition is reproduced — such as when it is streamed on demand, downloaded, or pressed onto a CD. <strong>Performance royalties</strong> are paid when a composition is publicly performed or broadcast — on radio, TV, in a venue, or via streaming. Both flow to songwriters and their publishers, but they are collected by different organizations: The MLC for digital mechanicals, PROs (ASCAP/BMI/SESAC/GMR) for performance royalties.

Does Spotify pay both mechanical and performance royalties?

Yes. An on-demand Spotify stream triggers both a mechanical royalty (the reproduction of the composition, collected by The MLC in the US) and a performance royalty (the public broadcast of the composition, collected by your PRO). These are separate payments distributed through separate channels. Spotify also pays a master royalty to whoever owns the sound recording, which flows through your distributor.

Do recording artists earn performance royalties from FM radio?

Not in the United States. US law does not provide a statutory performance right for sound recordings on AM/FM terrestrial radio, so recording artists and labels receive nothing when their records are played on over-the-air radio. The songwriter, however, earns a composition performance royalty collected by their PRO. Most other countries pay recording artists a radio performance royalty through their national collecting society.

What is The MLC and do I need to register with it?

The Mechanical Licensing Collective (The MLC) is a nonprofit designated by the US Copyright Office under the Music Modernization Act of 2018 to collect and distribute digital mechanical royalties from streaming and download services.^{<a href="https://www.themlc.com/our-story" target="_blank" rel="noopener">[2]</a>} As of January 1, 2021, it is the primary collector of interactive-stream mechanicals in the US. If you are a self-published songwriter, yes — you need to register at themlc.com to receive these royalties. If you have a publisher or publishing admin, they may handle this for you.

What does ASCAP collect versus what does SoundExchange collect?

ASCAP (and other PROs like BMI and SESAC) collect <strong>composition performance royalties</strong> — paid to songwriters and publishers when a musical work is publicly performed. SoundExchange collects <strong>sound recording performance royalties</strong> for non-interactive digital streams — paid to recording artists and labels when a specific recorded version is broadcast on services like Pandora or SiriusXM. They address different copyrights and different royalty streams.

How does the 50/50 writer/publisher split work in practice?

Both ASCAP and BMI divide performance royalties equally between the writer's share (50%) and the publisher's share (50%).^{<a href="https://www.ascap.com/help/royalties-and-payment/payment/royalties" target="_blank" rel="noopener">[5]</a>} If you have a traditional publishing deal, your publisher claims their 50% directly from the PRO. As an independent songwriter, you must set up your own publishing entity with your PRO to capture that publisher's share — otherwise you only collect half of your performance royalties.

Do I need to register separately with ASCAP/BMI AND The MLC?

Yes — they cover different royalties. Your PRO membership covers performance royalties. The MLC registration covers digital mechanical royalties. Missing either one means leaving money on the table. You may also want to register with SoundExchange if you own your sound recordings and they're played on non-interactive digital services.