How a century-old organization became the gatekeeper of the world's public music performances

Nature · Published 20 October 2026 Swipe more like this →

In short: The American Society of Composers, Authors and Publishers acts as a massive intermediary between music creators and the public. By collecting licensing fees from venues and broadcasters, it simplifies copyright management, yet its aggressive enforcement and opaque operations have sparked decades of controversy, lawsuits, and intense industry rivalries.

Founded in 1914 by figures like Victor Herbert and Irving Berlin, ASCAP was created to protect the rights of songwriters and publishers. Its legitimacy was cemented in 1917 by the Supreme Court case Herbert v. Shanley Co., which established that playing music for profit—even tangentially, like in a restaurant—requires compensation for the creator. This ruling transformed the organization into a powerful force, allowing it to proactively secure royalties across the burgeoning radio and television industries.

The organization's history is marked by fierce competition and legal battles. In 1941, radio broadcasters boycotted ASCAP, leading to the creation of a rival agency, Broadcast Music, Inc. (BMI). This rivalry intensified throughout the mid-20th century, with both organizations locked in antitrust litigation and congressional investigations. Today, ASCAP operates under consent decrees that mandate blanket licensing, yet it remains a lightning rod for criticism regarding its lack of transparency, complex royalty-weighting formulas, and aggressive attempts to collect fees from informal events like open mic nights.

In recent years, ASCAP has faced scrutiny for its digital-age strategies. A 2009 lawsuit against mobile carriers over ringtone performances was dismissed, and the organization has drawn fire for attempting to collect fees on promotional music previews and embedded videos. Despite these tensions, ASCAP maintains a massive footprint, representing approximately 1 million members and managing a registry of 20 million works. While it provides a vital service by distributing billions in royalties, the persistent friction between its mandate to protect creators and its controversial enforcement tactics continues to define its role in the modern music landscape.

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