Business History Bowie, McCartney & Michael Jackson: How Songwriters Learned to Play Hardball
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Mar 18, 2026 A look at how songwriters turned hit tunes into enforceable, long-lived financial assets. The rise of ASCAP and its legal battles with broadcasters reshaped music rights. Rival BMI and genre politics changed who profited from radio. The story culminates in big-money moves like buying publishing catalogs and securitizing royalties.
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Victor Herbert Started ASCAP By Suing A Restaurant
- Victor Herbert sued Shanley's after hearing his song played in the restaurant without pay and helped start ASCAP to collect royalties.
- Herbert and eight publishers formed ASCAP in 1914 to enforce composers' rights across restaurants and halls.
Court Ruling Turned Songs Into Enforceable Public Performance Rights
- The Supreme Court ruled public use for profit requires payment, giving ASCAP legal power to license performances.
- ASCAP then sent 'music cops' to record plays and offered blanket licenses to avoid repeated suits.
Radio Became A Major Royalty Source For Songwriters
- Radio became a new revenue stream treated as public performance, so broadcasters had to pay composers for live and aired music.
- The FCC confirmed in 1924 that broadcasts trigger copyright performance fees.