"What happens to my music, scores and parts, after I die?....."

ACA's Custodial Membership Plan guarantees the continued availability of a composer's music for performance, recording, or publication and provides other related services for the dissemination of the composer's works after his or her death. Note that the composer need not be a composer-member of ACA. If not already a member, however, the composer or estate must submit a complete works list and register all self-published or unpublished works with ACA.

Specifically, the plan:

* Provides for the distribution of scores, parts, and other performance materials through sales or rentals of works deposited with ACA.

* Provides for the distribution of royalties to the party(s) designated by the composer for the works distributed by ACA.

* Provides information to musicians and the public about the composer, the composer's works, and the availability of these works for performance, publication or recording--for works that are registered compositions with ACA.

* Provides a place where the heirs or estate may bring questions regarding any aspect of performance, publication, copyright, or recording of the composer's works.

In order to implement the plan, ACA will:

* Maintain and promote the composer's music catalog for sales or rentals.

* Maintain catalog listings of the works of Custodial Members and distribute catalogs containing those listings as well as of those of current members of ACA.

* Collect and distribute mechanical royalties on sales of recordings.

* Pay royalties annually.

* Accept from the estate or heirs, music of the member for the purpose of sale or rental. Such acceptances will be subject to restrictions applicable to members of ACA.

* Receive assignment of rights to composer's works published by other publishers if they are out of print for the purpose of keeping these works available to the public.

* Maintain contacts, references and biographies of the composer for the purpose of providing information for future program notes, re-issue recordings, scholarly research, etc.

* Register copyrights when requested on behalf of heirs or copyright owners. Note that ACA does not take ownership of copyright for any music on deposit.

* Provide for the deposit of the composer's music scores and performance materials at the ACA collection in the University of Maryland (College Park) Performing Arts Library.

* Maintain address files of the heirs and copyright holders for royalty distribution and for referrals pertaining to rights, publication, and recordings of the composer's music.

Some Questions...Some Answers

"How will people know to come to ACA for my music?"

Primarily through ACA's on-line, searchable database. Parties especially designated by you (see the application form) will also be informed at your death. Your heirs will, of course, be apprised of our services. Note that inquiries concerning compositions still available from other publishers will be directed to those publishers.

The Custodial Membership program is an ongoing, long-term project. We expect to acquire a firm reputation as a primary source for performance material of American composers of the past as well as the present.

"What if another publisher wants to publish a composition distributed through the Custodial Membership Plan?"

Your heirs or estate may remove a composition from ACA at any time for publication by any other publisher.

"If I take out a Custodial Membership who owns my copyrights when I die?"

Whomever you specify in your will. As with living composers, ACA does not own copyrights to your works.

"If one of my compositions earns a large amount of money after I die, who gets it?"

The composer's share of performance royalties will continue to be paid by his/her performing rights society. For works that are registered with ACA, this will remain the case, while the publisher's share of the royalties will be distributed as per agreement, to whomever you have assigned. ACA is a publisher member of the performing rights society, BMI.

"Will ACA, in effect, be my publisher?"

Yes. ACA will receive the publisher's share of performance royalties from BMI, as is standard in the industry, and pay royalties to its composer and custodial members based on a percentage of net profit on all music directly sold and rented.

"What if a work published by another publisher goes out of print?"

ACA will assist the heirs or estate in freeing the work so that it can be deposited with ACA for future distribution. Given the current state of music publishing it is not unlikely that all your compositions will eventually be deposited with ACA.

This Plan may be purchased by a composer at any time in order to assure the services herein described. It is also available after a composer's death to the heirs or estate with the same benefits.

How the Plan Begins

The plan is initiated by the payment of a one-time fee or the first of a number of annual payments. You will then receive a document from ACA reiterating the benefits herein described and the terms which you selected.

Membership commences upon your death. At that time your heirs should communicate with ACA to arrange for the transfer to the New York office of scores, parts, and any other performance materials. A prior letter of instruction from the composer to the heirs or ACA, or an addendum to the composer's will, may be helpful in this process.

How the Plan is Financed

All monies from Custodial Memberships go into an interest-bearing account, the capital and interest from which is used in fulfilling the obligations of membership services and of processing scores for sale and rental through the University of Maryland library and professional printing, binding, and shipping services.

Every effort is made to provide all services insofar as the costs are covered by the membership fee. In those cases where costs have exceeded this fee, costs may be charged against the member's royalties.

The availability of your compositions for purchase or rental 10, 25, or even 70 years after your death (the life of your copyright) is a service that is available, to our knowledge, only through ACA. We have the facilities, track record, and longevity (having been in operation since 1937) to extend this unique service.

Contact info [at] composers dot com, for more information, or for a custodial membership plan application.