UK songwriters collect US performance royalties through the PRS–ASCAP/BMI reciprocal agreement, without needing a US PRO registration in most cases. But for UK artists with significant US streaming audiences, live touring in the US, or US sync placements, understanding the US royalty system — and when to register directly — can unlock significant additional income.
How PRS collects US royalties for UK members
PRS for Music has bilateral reciprocal agreements with the three main US performing rights organisations: ASCAP, BMI, and SESAC. Under these agreements, when a PRS-registered composition is performed, broadcast, or streamed in the US, the relevant US PRO (ASCAP, BMI, or SESAC, depending on the venue or platform licence) collects the royalty and routes it to PRS, who distributes it to the UK songwriter. This system works without the UK songwriter needing to be a member of any US PRO. The prerequisite is that the compositions are correctly registered with PRS with accurate metadata — including ISWC codes and correct co-author splits — so that the US PRO can match usage reports against PRS registrations.
When a UK songwriter might also join a US PRO
For most UK songwriters, PRS membership and correct work registration is sufficient to collect US performance royalties via reciprocal. However, there are scenarios where direct US PRO membership provides additional value:
- High-volume US touring: artists performing live in the US at venues above a certain scale may generate royalties that fall into ASCAP or BMI distribution tiers that favour direct members over reciprocal distributions.
- US broadcast focus: songwriters whose music receives consistent US network television or radio airplay may find that direct ASCAP or BMI membership gives them better visibility of US distributions and faster dispute resolution for unmatched income.
- US publishing deals: if you sign a US publishing deal, your US publisher typically requires you to join an affiliated US PRO.
- Co-writing with US writers: if your co-writer is an ASCAP or BMI member, the administrative simplicity of sharing a PRO may be beneficial.
- Note: joining a second PRO requires you to notify your first PRO and ensure your works registrations correctly reflect the split between societies. Dual PRO membership has administrative implications.
ASCAP vs BMI: which US PRO to choose if you do join
ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are the two main US PROs. SESAC is the third, but membership is by invitation only. The differences between ASCAP and BMI are relatively minor for most songwriters:
- ASCAP: non-profit member organisation. Membership fee of $50 for writers and $50 for publishers (one-time). Members elect a board of directors. ASCAP pays distributions quarterly.
- BMI: non-profit-in-name organisation, privately owned (sold to New Mountain Capital private equity in 2024). Free membership. BMI pays distributions quarterly to semi-annually depending on income category.
- Territory coverage: both ASCAP and BMI have reciprocal agreements with international PROs and cover equivalent global territory. The choice does not significantly affect your international collection.
- Practical recommendation for UK writers: if you must choose, ASCAP is typically recommended for writers with significant radio and sync income; BMI for writers with strong digital streaming income. The operational difference is minimal — choose based on where your co-writers and collaborators are registered if that is relevant.
US mechanical royalties: the MLC
Performance royalties (covered by ASCAP/BMI/PRS) are separate from mechanical royalties (the royalty paid when a composition is reproduced in a stream or download). In the US, digital mechanical royalties from interactive streaming (Spotify, Apple Music, Amazon Music) are administered by the MLC (Mechanical Licensing Collective), established by the Music Modernization Act of 2018. Unlike performance royalties, US mechanical royalties from the MLC are not automatically collected for UK songwriters via PRS. To collect US mechanical royalties, a UK songwriter must either register directly with the MLC or engage a publishing administrator that has an MLC relationship (as CGM does). The MLC holds significant volumes of unmatched mechanical royalties from the pre-registration period — if your compositions have been streaming in the US before you registered with the MLC, you may be able to claim historical payments.
The W-8BEN form for UK artists receiving US income
US income paid to non-US persons is subject to withholding tax unless the recipient provides a W-8BEN form. A W-8BEN is a US IRS form that certifies your status as a non-US person and, where a tax treaty applies, claims a reduced withholding rate. The UK-US tax treaty reduces the withholding rate on royalty income from 30% to 0% for UK residents. This means a UK songwriter receiving ASCAP, BMI, MLC, or SoundExchange income should provide a completed W-8BEN form to claim the treaty rate — otherwise 30% is withheld at source. Your publishing administrator or US PRO will typically request a W-8BEN as part of onboarding.
SoundExchange: US digital performance royalties for recordings
SoundExchange is the US equivalent of PPL — it collects digital performance royalties for performers and record labels from non-interactive digital radio services (Pandora, SiriusXM, iHeartRadio). This is separate from both the performance royalties collected by ASCAP/BMI and the mechanical royalties collected by the MLC. UK performers and labels can access SoundExchange income via the PPL-SoundExchange reciprocal agreement, without needing a separate SoundExchange registration. The prerequisite is PPL membership with correctly registered recordings and performer credits.
Code Group Music administers US publishing royalty collection for UK songwriters, including MLC registration, W-8BEN support, and PRS registration management for optimised US reciprocal distribution. Our catalog assessment identifies which US income streams you are currently missing. Start at codegroupmusic.co.uk/#catalog-assessment.
Frequently Asked Questions
Do I need to join ASCAP or BMI as a UK songwriter?
Not necessarily. PRS collects US performance royalties on your behalf via reciprocal agreements with ASCAP, BMI, and SESAC. Direct US PRO membership adds value only in specific circumstances: high-volume US touring, US network broadcast focus, or a requirement from a US publishing deal.
What is the MLC and do UK songwriters need to register?
The MLC (Mechanical Licensing Collective) administers US digital mechanical royalties from interactive streaming. These are not automatically collected via PRS reciprocal. UK songwriters with US streaming audiences should either register with the MLC directly or engage a publishing administrator that has an MLC relationship to ensure US mechanical royalties are being collected.
What withholding tax applies to US royalty income for UK artists?
Without a W-8BEN form, the US withholds 30% of royalty payments made to non-US persons. With a correctly completed W-8BEN citing the UK-US tax treaty, the withholding rate on royalties reduces to 0%. Always provide a W-8BEN to any US payer of royalties.
How long does it take for US royalties to reach a UK PRS member via reciprocal?
US PRO distributions to PRS typically take 6 to 18 months from the performance date, reflecting the time the US PRO takes to distribute to its members and then pass on the reciprocal amount to PRS. PRS then distributes to members in the following quarterly cycle. This lag is normal for all international reciprocal royalty flows.
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