BMI

[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
Dear [redacted],
I am writing in response to your September **, 2014 communication to Broadcast Music, Inc....

(“BMI”) regarding a complaint that your office received about BMI from [redacted], an independent Zumba instructor located in [redacted] In her complaint, [redacted] asserts that she is no longer in need of a BMI license since the licensed facility is now closed. Furthermore, she disputes the remaining balance on her account. This letter serves to inform you of BMI’s business function and its communications with [redacted].
BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 8.5 million musical works and represents the works of over 650,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.
As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] are as follows:
BMI entered into a license agreement with [redacted] in September 2012. Per the terms of that agreement, it renewed September *, 2013, and the annual fee of $162 was due at that time. BMI made several calls attempting to collect that balance before finally being told in August of 2014 that the license was no longer necessary. Per the terms of the original agreement, BMI suspended the account effective from the time BMI was notified of the closing - in this case, August 2014. The balance due on the account is the license fee due under the agreement for the period September *, 2013 through August 2014.
At this time, it should be noted that [redacted]’s BMI account has been closed out and no additional fees will be accrued on the account while the business remains closed and not in need of a BMI license.
If you or [redacted] have any further questions about BMI or the more than 8.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].
Very truly yours,
[redacted]

Review: This company calls me daily asking for me to pay for a liscense that is not required in my buisness. They have been harrasing me for months now and I would just like them to lose my number until I need to contact them for a liscense.Desired Settlement: Stop calling me and sending me mail it is a waste.

Business

Response:

September **, 2013

VIA Facsimile

Re: Revdex.com ID #[redacted]

Dear [redacted],

I am in receipt of your September *, 2013, 2013 letter regarding Revdex.com ID # [redacted] and a complaint made by [redacted] of the [redacted] in [redacted], WA. In his complaint, [redacted] complains about Broadcast Music, Inc.’s (“BMI”) contacts with this establishment regarding a BMI music license for the [redacted]. After review of the file, I provide the following detail regarding BMI’s business function and our understanding of the music use at this establishment.

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C. 101 “a performing rights society is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of the copyright owners of such work, such as... Broadcast Music, Inc... (BMI)”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI licenses approximately 7.5 million musical works and represents the works of over 500,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performances of the musical works which BMI represents include: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. As a result of BMI’s communication with [redacted] personnel, BMI was informed that the establishment sometimes offers live musical entertainment. Live music was also confirmed by [redacted] during several phone calls with BMI representatives. [redacted] should know that for all other types of live and/or recorded performances of BMI music, which may occur at the establishment, prior permission must be obtained from BMI (or the copyright owners), and as mentioned previously, approximately every other song played in the United States today is affiliated with BMI.

It should be noted that the [redacted] remains unauthorized to publicly perform musical works in the BMI repertoire in any manner unless prior permission is granted by BMI. BMI continues to monitor the music use of its affiliated songwriters, composers and music publishers, and, in the event that a BMI license becomes necessary, it is the [redacted] responsibility to ensure that it secures the necessary permission prior to any such performances. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S Copyright Law.

If you or [redacted] have any further questions about BMI or the more than 7.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].

Very truly yours,

/signed/

[redacted]

Senior Director, Business Affairs

Review: I keep receiving phone calls on my cell phone from BMI. They do not stop despite repeated attempts on my behalf to get the company to stop calling my number.

I own a cafe that pays for a music service which pays for licensing for our background music. We play live music weekly from local artists that play ONLY original works written solely by them who are not represented by a licensed agency. We have gone above and beyond the call of duty to make sure that our performers are not stealing anyone's work or that the song being played is in the public domain. Their latest representative told me I had to pay them because they had no way of knowing if what I was doing was on their list or not.

I am not doing anything illegal and have taken extensive actions to ensure that we are being fair to all parties involved. In return for trying to do the right thing, I have been repaid with harassing phone calls, veiled threats. I feel harrassed and bullied by this company to buy their product, which I do not legally need as long as I continue to play original music by unregistered artists or music that is in the public domain.

Can you help me to get them off my back? There may be a time and day in the future when we choose to have artists play cover music. However, we are a new business and are not there yet. When that day comes, we will obviously need their services... but for now I'd like them to stop their representatives from bullying me into a sale.Desired Settlement: I would like this company to stop calling me/harassing me. It is possible in the future that we may want/need their services, but I would like to contact them when that time arises.

Business

Response:

January **, 2013

Review: I purchased a license to teach my 2 Zumba classes per week at a facility which I knew didn't have a music license. The business closed. I did not renew and now they are saying that I owe them money.Desired Settlement: I want them to cease and desist trying to get me to pay these fees. They've also sent my account to collections. My credit rating is as perfect as it gets. After I tried to explain in writing about when the business closed and I didn't need the license anymore from a certain date., I got an invoice in the mail for TWICE THE AMOUNT. What????

Business

Response:

[redacted]

Dear [redacted],

I am writing in response to your September **, 2014 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted], an independent Zumba instructor located in [redacted] In her complaint, [redacted] asserts that she is no longer in need of a BMI license since the licensed facility is now closed. Furthermore, she disputes the remaining balance on her account. This letter serves to inform you of BMI’s business function and its communications with [redacted].

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 8.5 million musical works and represents the works of over 650,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] are as follows:

BMI entered into a license agreement with [redacted] in September 2012. Per the terms of that agreement, it renewed September *, 2013, and the annual fee of $162 was due at that time. BMI made several calls attempting to collect that balance before finally being told in August of 2014 that the license was no longer necessary. Per the terms of the original agreement, BMI suspended the account effective from the time BMI was notified of the closing - in this case, August 2014. The balance due on the account is the license fee due under the agreement for the period September *, 2013 through August 2014.

At this time, it should be noted that [redacted]’s BMI account has been closed out and no additional fees will be accrued on the account while the business remains closed and not in need of a BMI license.

If you or [redacted] have any further questions about BMI or the more than 8.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].

Very truly yours,

Review: I have been faithfully paying licensing fees to BMI for 15 years. Here recently my business and employees have been getting harassing call from a rep by the name of Anupam B[redacted]. Less than a week we have gotten numerous e-mails, phone calls baiting my employees to bait them into something he can leverage. We know this because the voice is easy to recognize. To summarize my distain with all of this I either pay in total or in payments to BMI three different streaming services. Today I receive two letters with completed applications each asking me to pay $4,086.00. This amount is nearly 400% higher than all of the licensing fees I pay currently. This is not a good way to treat a long term client. At what point does this become racketeering? Why are they legally allowed to shake down small businesses, violate solicitation and collection protocols and harass my employees. I have seen numerous complaints to the Revdex.com. Yet the continue in these practices.Desired Settlement: I want no contact from them or any of their agents, It is my hope someday that the be held accountable for their unethical practices

Business

Response:

November **, 2015VIA ONLINE

DISPUTE RESOLUTION SYSTEM[redacted]

[redacted]Re: Revdex.com Case ID [redacted]Dear [redacted]I am writing in response to your October

**, 2015 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint

that your office received about BMI from [redacted], owner of [redacted]. In his

complaint, [redacted] asserts that he is not in need of a BMI license because

he already pays all music licensing fees through the Bowling Proprietors of

America Association (BPAA). This letter

serves to inform you of BMI’s business function and its communications with

JeriLee’s Pub.BMI is one of the nation’s three

performing right organizations (“PRO”), representing songwriters, composers,

and music publishers (collectively referred to as “BMI affiliates”) since

1940. Our affiliates grant to BMI, on a

non-exclusive basis, the right to license their performing right (one of

several rights afforded musical creators under U.S. Copyright Law). Performing

right organizations enter into license agreements with, and collect license

fees from, users of music and distribute those license fees in the form of

royalties to copyright holders (e.g., songwriters, composers and music

publishers). The U.S. Copyright Law

specifically refers to BMI as a performing right organization (society),

stating in 17 U.S.C., “a performing rights society is an association,

corporation, or other entity that licenses the public performance of non-dramatic

musical works on behalf of the copyright owners of such work, such as…Broadcast

Music, Inc…”. BMI operates on a

not-for-profit basis, and all license fees received, less administrative

expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 10.5

million musical works and represents the works of over 700,000 songwriters,

composers, and music publishers. BMI

represents approximately one half of the music played in the United States

every day. A sampling of music users

with whom BMI has entered into licenses for the public performance of the

musical works which BMI represents includes: radio stations, television

stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs,

concert promoters, colleges/universities, retail establishments, festivals, ice

skating rinks, and bowling alleys.As noted above, the U.S. Copyright Law

requires persons who desire to publicly perform a copyrighted musical work to

obtain permission from the creator of the musical work, or a performing right

organization authorized to license their copyright on their behalf, such as

BMI. To this end, BMI contacts businesses that perform music and assists them

in securing the proper authorization. BMI’s communications with [redacted] are as follows:BMI began contacting [redacted] to

pursue a license for music used in the business in October of 2015. [redacted] stated that he paid BMI music

licensing fees through the Bowling Proprietors Association of America (“BPAA”). It was then explained to [redacted] that the

BPAA licensing program covers certain performances, but the BPAA license

specifically does not cover live music, dj’s, or other musical events where a

separate admission fee or similar charge is made to attend. A separate BMI music license is needed for

this use. It should be noted that JeriLee’s Pub

is not currently licensed for the public performance of BMI works in the

establishment when an admission or cover is charged to enter.If you or [redacted] have any further

questions about BMI or the more than 10.5 million musical works represented by

BMI, please feel free to contact me or visit the BMI website at www.bmi.com.Very truly yours, /signed/Senior Director,Business Affairs

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

I understand there response. I do not agree noting that I have paid fees on numerous occasions for numerous years. I just want no more contact nor harassment from this company.

Review: BMI contacted me in early 2013 regarding obtaining a license. They sent me a contract via mail in March. I fill out the contract, signed it and returned it to BMI along with the

amount they requested in the contract. I send a check in the amount of $150.75, check # [redacted], made out to BMI, dated 3/**/13.

BMI accepted my payment, deposited said check into their account. By doing so they accepted the contract and payment, a contract they drew up, I might add.

About a month later BMI stared contacting me many times per month via email, telephone, mail. I tried in vain to tell them I had paid and was licensed. They said the check ad been returned, which of course it had not. It has gotten where they contract me 4-6 times per month, at all hours. My repeated requests to halt have gone unheeded. At this point it is pure harassment. they asked for money, received and deposited it but still continue to harass me.

I am requesting that BMI cease and desist their bullying and harassment. A company who conducts business in this manner should be closed down.Desired Settlement: I would like the following: an apology; a letter recognizing that I have paid in full; a change in BMI collection policy

Business

Response:

Re: Revdex.com ID #[redacted]

Dear [redacted],

I am in receipt of your August *, 2013 letter regarding Revdex.com ID # [redacted] and a complaint made by [redacted] of the [redacted] in [redacted], WI. In her complaint, [redacted] complains about Broadcast Music, Inc.’s (“BMI”) contacts with her regarding a BMI music license for the [redacted]. After review of the file, I provide the following detail regarding BMI’s business function and our understanding of the music use at this establishment.

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C. 101 “a performing rights society is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of the copyright owners of such work, such as... Broadcast Music, Inc... (BMI)”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI licenses approximately 7.5 million musical works and represents the works of over 600,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performances of the musical works which BMI represents include: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. As a result of BMI’s communication with [redacted], BMI was informed that the establishment sometimes offers live musical entertainment. Live and recorded music was also confirmed by the establishment’s website advertising. A license from BMI would be required to have this type of public performance of BMI music in the business, as well as other types of performance of music. [redacted] submitted a signed license and payment for $150.75 online on March **, 2013. However, after further review, the payment remitted did not accurately reflect the license fees required to cover the use of BMI-licensed music at the [redacted]. After several attempts, BMI was unable to resolve this issue with the establishment, and a full refund was issued, along with the signed license agreement on June **, 2013.

It should be noted that the [redacted] remains unauthorized to publicly perform musical works in the BMI repertoire in any manner unless prior permission is granted by BMI. BMI continues to monitor the music use of its affiliated songwriters, composers and music publishers, and, in the event that a BMI license becomes necessary, it is the [redacted]’s responsibility to ensure that it secures the necessary permission prior to any such performances. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S Copyright Law.

If you or [redacted] have any further questions about BMI or the more than 7.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at www.bmi.com.

Very truly yours,

/signed/

Senior Director, Business Affairs

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

BMI is not stating the facts correctly.

I did indeed submit a contract, one that BMI drew up and mailed to me. I signed it and returned it with a check in the amount BMI requested, $150.75. I did my due diligence and did exactly what BMI required to me to do be licensed. Now they claim I am not licensed. This is equivalent to selling something and then after the fact asking for more money. The fact they accepted the contract and cashed my check is acceptance of the contract. Period. I tried very hard to be in compliance and did exactly as BMI asked. Now they decide it is not enough and harass me.

BMI claims they returned the contract and issued a full reimbursement to me. This is a lie. This is the 4th time a BMI representative has claimed too have returned my payment. BMI also claims that I paid the $150.75 electronically on line. This is again not true. I paid via a check, which they cashed.

BMI has a long history of harassment. They need to focus their energies on businesses who actually have not paid, not those of us who have. I am in complete compliance with BMI regulations and am licensed. As such, I expect BMI to leave me alone. It is astonishing to me that they continue to harass a business who is in compliance.

I am again requesting an apology, a letter recognizing that I have paid in full and a change in BMI collection policy.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

BMI will look forward to hearing from [redacted] in March 2014 to resolve this issue.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: I have been receiving repeated phone calls from this business telling me that I have to have a music license. After repeated messages from them I called and asked them to take me off of their call list. They refused. The gentleman on the line told me that in Sept. I had a Jazz trio band at my winery. I do not have a brick and mortar facility of my own and told them that. I again asked them to take me off of their call list as I do not have a facility, do not play music or have live music, and so do not need a license or want one. He said how could that be since they had a record showing I had live music. The same gentleman told me that he could not do that until he sent out a representative to make sure I was not playing music. After this last refusal to take me off of the call list I hung up.

Why would they continue this when I do not have a contract and do not want this service?Desired Settlement: I just want them to stop contacting me- which at this point I am considering harassment- Thank you

Business

Response:

November *, 2015VIA ONLINE DISPUTE RESOLUTION SYSTEM[redacted]

[redacted]Revdex.comRe: Revdex.com Case ID #[redacted]Dear [redacted]I am writing in response to your October [redacted], 2015 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted] owner of [redacted]. In her complaint, [redacted] asserts that she is not in need of a BMI license due to the fact that her business does not use any live music. This letter serves to inform you of BMI’s business function and its communications with [redacted].BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 10.5 million musical works and represents the works of over 700,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] are as follows:BMI began contacting Coral Mustang Wines in September 2015 to pursue a license for live music at the establishment. After leaving several messages, a BMI representative spoke with [redacted] on October **, 2015. [redacted] informed the representative that there was a mistake as they do not have a brick and mortar business and, therefore, no live music. After confirming this information, BMI closed the account and ceased contacting [redacted].If you or [redacted] have any further questions about BMI or the more than 10.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].Very truly yours, /signed/Senior DirectorBusiness Affairs

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved. To this date I have not had any further phone calls from this business. Thank you for your help in this matter.

Sincerely,

Review: BMI Pays Music Royalties. I am a customer ("member") of BMI. I am a songwriter/music composer. I paid $300+ membership fees to trust BMI to collect and pay royalties due to me from various music placements in TV shows, movies, commercials, etc. I am missing many many royalties from songs placed on MTV, MTV2, E networks etc. that are not listed on ANY of my statements. Luckily my bandmate [redacted] is a customer/member of BMI's competitor, [redacted], who evidently has good business practice by keeping record of every music placement to be paid royalties as these companies are supposed to do. [redacted] and I are both publishers and songwriters and completely split everything 50/50. We have verified both [redacted] and BMI are set up correctly for this 50/50 split. We began receiving the correct amounts at first, and now BMI has not been reporting and paying out many amounts due to me. And does not even list many of the placements on my statements. I wrote BMI six times since July [redacted], 2013. Their responses are repeatedly how a representative is on vacation, has not started on this problem etc. etc. They never are working to fix this situation. In my first email to BMI on July [redacted], I attached songwriter statements from [redacted] for ALL SONGS that [redacted] & I (collectively "[redacted]") have performed and received placement since November 2011 with 50/50 split. The [redacted] statements attached were his "songwriter" payments. The publishing statements for [redacted] from [redacted] are exactly the same amounts as the "songwriting" statement from [redacted] (so this is just one-half of [redacted]'s paid out royalties to [redacted] for our songs). BMI should have had ALL of these songs listed and paid in my royalty statements of songwriter and publisher too, but most are missing. One can clearly see all the missing tracks and reruns etc. when you cross reference with my statements! Please help ASAP. Right away, the most obvious missing from BMI is the entire 1st quarter of 2012 performances! and then it just keeps dwindling down to hardly any songs in the next quarters after the [redacted] 2012 although there were TONS of songs and royalties to be paid from large networks and their reruns. My concern is that other BMI customers are not being paid the royalties they are due. It's just in this unique circumstance that my bandmate is with [redacted] and that I am with BMI. - To even know what is missing. So my question is: where internally is this missing money going? Usually a BMI customer member would not even know what they're missing if they had nothing to cross reference with like in my situation. So this could be a much bigger internal embezzlement investigation. Thank you for your time on this. Sincerely, [redacted]Desired Settlement: Send payment of ALL my royalties due ASAP. And please investigate further and figure out a way to cross reference BMI's business practice to keep them honest. If large corporations that are supposed to be looking out for their independent musician members are instead embezzling their royalties due... because they can get away with it -- this could be quite an issue. Thank you for investigating.

Business

Response:

[redacted],

I am currently awaiting information from BMI's Writer/Publisher Department in order to respond to this complaint. BMI will respond as soon as possible.

Thank you,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

BMI has not credited my acct for actual royalties due for many payments for top rated shows on MTV vh1 mtv2 and mtv3 . I am missing actual royalty placements on my statements that I have cross referenced with my [redacted] music partner and have found the missing placements. I also asked BMI to provide their neilsen sources for how they pay out royalties to their members and they have not provided any of this info. For example, a top rated MTV show I received around .70 cents from BMI for the same music placement that my [redacted] music partner received over $100 for same exact placement. We have a 50/50 split agreement with all material (writing & publishing). BMI is obviously not following the payouts for highly rated Nielsen shows as they should be conducting. If my band member weren't part of [redacted] we would have never been able to cross reference to find BMI missing monetary amounts on my statements.

Sincerely,

Business

Response:

BMI has addressed all of [redacted] concerns and wishes her continued success in her songwriting endeavors.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Bmi has not credited me the difference in royalties between [redacted] and Bmi. Legally these should be the same payment amounts.

Sincerely,

Review: We used to have a music performer on our restaurant who played based on tips only . Around 18 months ago one company called ASCAP started calling and threating us to pay a fee or they would sue us for having live music . After a lot of pressure and stress we decide to pay a fee that according to them would cover the singer activity . We doubted that it was legal and or fair but we pay to stop the calls and threats .

Now , BMI want the same thing , instead of giving prove that they have the right of the music played they threat us in the same way for the same thing , the right of the music . We explained so many times but they insist that we have to pay for both companies as nobody knows to who belongs the rights . When we asked for a list of the music authors that belong to BMI they not only have no answer and asked us to pay $ 1,200 dollars for a checking list . For us is a double payment and as we could not afford any other fee for an activity that is not important for us , we decided to stop having the performances . It was communicated to BMI but they insist now that we have to pay for the past when we had it . In their last letter , threating us to pay they also mentioned that they are supported by Revdex.com , one more way to pressure that we are not sure if is true or not ,

The same thing with ASCAP , now to cancel the fee , you have to call and have no answer at all of their faxes are used only for charges not for cancels and nobody answer the cancelation numbers .Desired Settlement: Stop threating us . The fact was explained already by email , letter and calls but looks like they are not satisfy with our solution . If they are sure that the music performed here belongs to BMI they should ask ASCAP , the company that received for that . We paid already and have no obligation to pay again .

Business

Response:

**nuary **, 2014

Review: Hello I am a filing a complaint againg BMI because they have are billing me for unknown chages. We currently have a DJ whom we pay at the restaurant for hissevices, he is registered and pays a registereed company to be able to play his music. Additionally we also have a jukebox for which we also pay the city and pay for every song that is played as well as the DSL to play the music. We see no reason for which we should be paying this company is we already are paying the city for our rights to play music. We have also found out that we are in fact the only buisness that plays music in the area who they are charging. None of the other businesses around are receiving any bills from this company. Abuot a month ago they sent a statement claiming that if we did not pay they would take us to court. We told them to proceed because we were not going to pay but instead of proceeding they decided to send us to a collection agency. We would like for this company to stop sending us bills charging us for something that no one else is beign charged for.Desired Settlement: I would like the company to stop billing our business.

Business

Response:

[redacted]

Dear ­­­­­­­­­­­­­­­­­­[redacted]:

I am writing in response to your September **, 2014 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted], [redacted] of [redacted]’s Restaurant located in Trenton, New Jersey. In his complaint, [redacted] asserts that he is not in need of a BMI license and is receiving unnecessary calls and letters from BMI. This letter serves to inform you of BMI’s business function and its communications with [redacted] and [redacted]’s Restaurant.

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright [redacted]s of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 8.5 million musical works and represents the works of over 650,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] and [redacted]’s Restaurant are as follows:

BMI began contacting [redacted]’s Restaurant in 2003 to offer a license for music that was taking place at the establishment, and an agreement was entered into in October of 2004. When the license renewed in September 2013, as it does every September, the balance was not paid. [redacted] claims in his letter to your office that he is not in need of a license because his DJs and other music providers are licensed, and he has additional licenses with the state of New Jersey. [redacted] has been advised by BMI that the license provided by BMI serves as permission from the [redacted]s of the copyrights of the music, which is required under federal law, and is not granted by any state or local permit. It is granted by BMI on behalf of the songwriters and publishers that own the copyrights to music. In addition, BMI does not license individual DJs and live performers, as it is the responsibility of the party that hosts or promotes the performance to obtain copyright permission. For these reasons, the establishment is still in need of the BMI license.

At this time, BMI and its authorized representatives will continue to contact [redacted] to pursue the past due balance on the account.

If you or [redacted] have any further questions about BMI or the more than 8.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].

Very truly yours,

Review: BMI and the staff therein have been harassing my staff and I for over 3 months with excessive daily phone calls and emails. On several occasions, my staff and I have informed the BMI caller that WE DO NOT HAVE, NOR HAVE WE EVER HAD, LIVE MUSIC at this establishment. We are a bookstore that is similar to a library and pride ourselves on being a quiet sanctuary. Our events are comprised of author and poetry readings (Open Mic: Poetry) plus story time for the little ones.

My business does not have a website and instead we're made public via social media. It seems that a BMI staffer has scoped out the Facebook page and has become obsessively focused on a children's program we host every other Tuesday called "[redacted]". This program consists of a former British nanny singing lullabies to children. My employee [redacted] last phone discussion with BMI took place on Friday, November [redacted], wherein she informed them that the music program was not a "live music" event but a children's story time hour where lullabies are sung. They claimed that they were making a note of it and that they were going to close out the file.

On Monday, I received a message stating that they will be visiting my establishment next week. In my return email, I reiterated the Friday phone call. Just today, I received yet another email from them stating exactly what the Monday email stated. There is no communication between their departments and the time and energy it has taken to get them to understand that we are not a live music arena and DO NOT NEED A MUSIC LICENSE has become quite daunting.

We have warned them that they would be reported to Revdex.com should the harassment fail to cease. It seems their harassing calls are a normal practice in their business as there have been similar complaints.

Please help us resolve this issue so that we may focus on our business and our customers minus the harassment.Desired Settlement: BMI will close the file they have on us and cease harassing my staff and me.

Business

Response:

Dear [redacted],

I am in receipt of your November *, 2013, 2013 letter regarding Revdex.com ID # [redacted] and a complaint made by [redacted] of [redacted]. In her complaint, [redacted] complains about Broadcast Music, Inc.’s (“BMI”) contacts with her regarding a BMI music license for the Boulevard Books & Café. After review of the file, I provide the following detail regarding BMI’s business function and our understanding of the music use at this establishment.

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C. 101 “a performing rights society is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of the copyright owners of such work, such as... Broadcast Music, Inc... (BMI)”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI licenses approximately 7.5 million musical works and represents the works of over 500,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performances of the musical works which BMI represents include: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. After review of this file, BMI agrees that there is no need for a license at this time for [redacted] I will advise the Licensing Department to cease contact with the establishment.

BMI continues to monitor the music use of its affiliated songwriters, composers and music publishers, and, in the event that a BMI license becomes necessary, it is the [redacted] responsibility to ensure that it secures the necessary permission prior to any such performances. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S Copyright Law.

If you or [redacted] has any further questions about BMI or the more than 7.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted]

Very truly yours,

/signed/

Review: I literally copied and pasted this from the most recent complaint on this company, only needing to change a few small details -

I own a artisan bakery. Once a week we have a local musician performing his/her own music that they (the musician) own the copyright to, of which is NOT REGISTERED to BMI, ASCAP, SESAC or any other PRO. We are in a town of 600 people and these are local bluegrass boys, and high school songwriters. With a desire to provide a small taste of local music each week, our bands are happy to not be forced to do covers. They get a chance to play noting but their own creations! BMI has been calling for two years. Usually as soon as BMI calls it's ASCAP or SESAC coming in next. They are rude, overbearing, and threatening. I have been very clear about our policies from the start, stating that if we should ever change our format I would be sure to obtain the necessary licensing. They continually insist I must pay 'just in case', or worse, they inch right up to the line of calling me a liar. Their letters state that I am unwilling to engage in a discussion about the need to obtain a BMI license. Actually I have tried to reason with them each time they call. It is clear that BMI, nor any other PRO organization, has rights to music that is not registered to them, therefore they should not be able to intimidate people into paying them for music they do not own. I do have permission from the creator of the musical work, that being the performers that hold the copyright to their own music, which is not registered with a PRO.Desired Settlement: Requesting no further contact from BMI, and a change in policy regarding small "indie" venues like ours that REALLY DON'T NEED THEIR LICENSE, and aren't "lying" about it.

Business

Response:

[redacted]

[redacted] Dear Sir: I am writing in response to your September *, 2015 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted], owner of [redacted] located in [redacted]. In his complaint, [redacted] asserts that he is not in need of a BMI license due to the fact that his business only uses original music and no music represented by BMI is ever performed in the business. This letter serves to inform you of BMI’s business function and its communications with [redacted]. BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 10.5 million musical works and represents the works of over 7000,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys. As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] are as follows: BMI began contacting [redacted] in June 2015 to offer a license for live music and karaoke being performed in the business. [redacted] spoke with a BMI representative on July **, 2015 and discussed the need for a BMI music license for copyright permission for live music and karaoke. [redacted] explained he was also being contacted by SESAC and expressed that he did not know if he was going to continue having live music and karaoke at the establishment. On August *, 2015 a BMI music researcher confirmed the business was no longer using any licensable music, and at that time, BMI ceased contacting the establishment to pursue a license. It should be noted that [redacted] remains unauthorized by BMI to publicly perform musical works in the BMI repertoire in any manner unless prior permission is granted. BMI continues to monitor the music use of its affiliated songwriters, composers, and music publishers, and, in the event that a BMI license becomes necessary, it is [redacted]’s responsibility to ensure that it secures the necessary permission prior to any such performances. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S. Copyright Law. If you or [redacted] have any further questions about BMI or the more than 10.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at www.bmi.com. Very truly yours, /signed/Senior Director, Business Affairs

Review: I contacted BMI music over 6 months ago to license my business, they never responded so I let it drop. A couple of months ago they started HARASSING me. I have received no less than 7 letters in the mail, 10 emails and multiple phone calls. I asked that BLAIR KESO not contact me again yesterday and yet received another email today from this person. I have made the payment, although against my better judgement due to the amount of harassment I have received.Desired Settlement: NO future contact to my business from this BLAIR KESO person. Also, I would only like to receive 1 letter in the mail at time of renewal. I WANT THIS BUSINESS TO STOP HARASSING ME!!!

Business

Response:

[redacted]

[redacted]Dear [redacted]:I am writing in response to your November **, 2015 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted], owner of [redacted] located in [redacted]. In her complaint, [redacted] asserts that she is being harassed by BMI and, since she has now signed and returned the BMI license, wishes to have no further phone calls or letters sent to her by BMI. This letter serves to inform you of BMI’s business function and BMI’s contact with [redacted].BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 10.5 million musical works and represents the works of over 700,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] are as follows:BMI began contacting [redacted] in September 2015 to pursue a license for music used in the business. BMI did attempt to contact the business several times by phone, but was only able to speak with someone on one of the calls. The rest of the telephone call attempts did not receive an answer. On October **, 2015 BMI received an email from the business stating the business would be signing and returning the license agreement. It appears that [redacted] is currently working with Scott Whitaker of BMI to resolve the licensing issue. Once the license is signed and payment received, BMI will no longer need to contact the business.It should be noted that until the license agreement and payment are finalized, [redacted] remains unauthorized by BMI to publicly perform musical works in the BMI repertoire in any manner unless prior permission is granted. If you or [redacted] have any further questions about BMI or the more than 10.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].Very truly yours, /signed/Senior Director,Business Affairs

Review: I own a small domestic winery. Once a week we have a local musician performing his/her own music that they (the musician) own the copyright to, of which is NOT REGISTERED to BMI, ASCAP, SESAC or any other PRO. The musicians sign an agreement stating they are aware we do not pay music royalties, they must play their own works that are not registered, and they are responsible should any fines or penalties are incurred from them not following our policy. The handful of musicians we feature are thankful to have a place that doesn't allow covers, and many feel that signing with a PRO takes away some rights to their own music. Musicians play 2 hours, and we have seating for 39 people in 300 square feet.

BMI has been calling for the past month. They are rude, overbearing, and threatening. I have been very clear about our policies from the start, stating that if we should ever change our format I would be sure to obtain the necessary licensing. They continually insist I must pay 'just in case'. BMI also claims they have sent us numerous contracts by mail, but I just received the first this week. Their letter states that I am unwilling to engage in a discussion about the need to obtain a BMI license. Actually I have tried to reason with them each time they call. Also, the contract is completely inaccurate as to our capacity, and even the company name!! They have listed the business as a Mexican restaurant despite the fact that I identify the business with each phone call, and even told them we were a winery on the first call!

I have emailed with the US Copyright Office concerning royalties of live performances, which replied "The copyright owner has the exclusive right to reproduce and publicly perform or display the protected work."

BMI themselves have stated "The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C. 101 “a performing rights society is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of the copyright owners of such work, such as... Broadcast Music, Inc... (BMI)”. ...the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI."

It is clear that BMI, nor any other PRO organization, has rights to music that is not registered to them, therefore they should not be able to intimidate people into paying them for music they do not own. I do have permission from the creator of the musical work, that being the performers that hold the copyright to their own music, which is not registered with a PRO.Desired Settlement: Requesting no further contact from BMI.

Business

Response:

[redacted]

Dear [redacted]

I am in receipt of your April **, 2014 letter regarding Revdex.com ID # [redacted] and a complaint made by [redacted] of [redacted] in Fargo, ND. In her complaint, [redacted] complains about Broadcast Music, Inc.’s (“BMI”) contacts with her regarding a BMI music license for [redacted]. After review of the file, I provide the following detail regarding BMI’s business function and our understanding of the music use at this establishment.

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C. 101 “a performing rights society is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of the copyright owners of such work, such as... Broadcast Music, Inc... (BMI)”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI licenses approximately 8.5 million musical works and represents the works of over 600,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performances of the musical works which BMI represents include: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. As a result of BMI’s communication with [redacted]’s personnel, BMI was informed the establishment offers live musical entertainment about once a week. A license from BMI would be required to have this type of public performance if BMI music is played in the business, as well as other types of performance of music. Additionally, the responsibility of obtaining permission falls upon the establishment and cannot be passed on to the performers, whether or not they are playing their own original songs or songs written by others.

At this time, BMI agrees to cease communication with [redacted]. However, it should be noted that [redacted] remains unauthorized to publicly perform musical works in the BMI repertoire in any manner unless prior permission is granted by BMI. BMI continues to monitor the music use of its affiliated songwriters, composers and music publishers, and, in the event that a BMI license becomes necessary, it is [redacted]’s responsibility to ensure that it secures the necessary permission prior to any such performances. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S Copyright Law.

If you or [redacted] have any further questions about BMI or the more than 8.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].

Very truly yours,

Consumer

Response:

That's all we were asking...for our artists to be able to play their own music that is not registered to any PRO, without harassment from a PRO. I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Business

Response:

I have asked the Licensing Department to make sure they have ceased letters as well as telephone calls.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: They have solicited us for the past few months about music licensing. Currently, we do not host live music, and any event with live music from 2015 was cut due to budget restraints, and we have been using our own music service provider, which we use for regular music throughout the clubhouse. This company has us covered for playing music through this sound system in our clubhouse.

BMI representatives continue to call and ask us to file our license online. I have mentioned many times that with these changes, and our coverage with our existing provider, filing is not necessary for us at this time.

On Wednesday December [redacted] Justin M[redacted] claimed we were advertising an event on December [redacted] with live music on our website. As the website administrator, I could find no such ad to validate his claim, and I asked if he would please send me the advertisement or link he was speaking about so that I may follow up with our own inquiry - as our function schedule has no event booked for that date. He was unable to provide information as to where he saw the ad, and I asked again, repeatedly, for him to please cease contact. I received another reminder from him on Wednesday December [redacted]. I responded, reminding him of our conversations, and of my previous requests for them to stop solicitation to our business. I received a voicemail from Charles T[redacted] from BMI later that day on December [redacted].

They have been told the same information. They continue to make claims regarding events that did not even take place, and they refuse to provide any substantial information behind their claims.

I feel harassed by their remarks and accusations. This is an added stress and argument that is totally irrelevant - as WE ARE COVERED ALREADY. To boot..... I am not even the decision maker, which was explained to them in a phone call with Justin M[redacted] on December [redacted]!!! I have consistently directed them to the appropriate decision maker, but when they didn't get through to him they started with me. I would ignore them but based on their track record it would only be a matter of time before they used the same inappropriate tactics on another one of our employees.Desired Settlement: I do not want any more post mail, phone calls, or email solicitations from BMI to myself, the General Manager, or any other representative.

Business

Response:

February *, 20** VIA ONLINE DISPUTE RESOLUTION SYSTEM [redacted] Mediator Revdex.com

[redacted] Dear [redacted]: I am writing in response to your January **, 20** communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted], owner of [redacted] located in [redacted]. In her complaint, [redacted] asserts that [redacted] is not in need of a license because they have been using a music service provider which is already licensed with BMI. Furthermore, she wishes for BMI to cease contacting the business to pursue a license. This letter serves to inform you of BMI’s business function and its communications with Kernwood Country Club. BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 10.5 million musical works and represents the works of over 700,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys. As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] are as follows: BMI began contacting [redacted] in October 2015 to offer a license for live music which being performed occasionally at the business. Throughout October and November of 2015, BMI attempted to contact the owner of the business multiple times and left several messages in an attempt to discuss the need for the license. During this time, BMI was able to confirm live music via telephone conversations and also from the business’ internet advertisements. On November **, a BMI licensing representative spoke with [redacted] and explained the need for the license and was told that David M[redacted] would be contacting BMI about the license. Not having heard from Mr. M[redacted], BMI followed up via telephone on December **, 2015 and spoke again with [redacted]. This time BMI was told that Kernwood was only using DMX and was no longer using live music. BMI was able to confirm this and ceased contacting the business January *, [redacted]. It should be noted that [redacted] remains unauthorized by BMI to publicly perform musical works in the BMI repertoire in any manner unless prior permission is granted. BMI continues to monitor the music use of its affiliated songwriters, composers, and music publishers, and, in the event that a BMI license becomes necessary, it is Kernwood Country Club’s responsibility to ensure that it secures the necessary permission prior to any such performances. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S. Copyright Law. If you have any further questions about BMI or the more than 10.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted]. Very truly yours, /signed/ Senior Director, Business Affairs

Review: A few years ago, I filed a complaint against this company and was assured that they would cease and desist contacting us. They are now resuming their harassment.

We have informed them that we have an ASCAP license; that we only play music that has been checked against the ASCAP list; and, that we have our performers sign an agreement stating that they will not play anything other than original or ASCAP owned music.

We have asked them to stop calling us. Our tasting room manager just got off the phone with a BMI representative who told him flat out that he would continue to call regardless of what we say.Desired Settlement: Our desired outcome is to have this company stop attempting to bully us into purchasing something we don't want or need.

Business

Response:

September *, 2015 VIA ONLINE DISPUTE RESOLUTION [redacted]MediatorRevdex.com Re: Revdex.com Case ID #[redacted] Dear [redacted] I am writing in response to your August **, 2015 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from Dee Dee Thomas, owner of [redacted] located in Peconic, New York. In her complaint, [redacted] asserts that she is not in need of a BMI license due to the fact that her business only uses music represented by ASCAP and no music represented by BMI is ever performed in the business. This letter serves to inform you of BMI’s business function and its communications with [redacted]. BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 8.5 million musical works and represents the works of over 650,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys. As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] are as follows: BMI began contacting [redacted] in 2012 to offer a music license for live music taking place in the business. [redacted] stated to a BMI representative on July **, 2012 that the business was only using ASCAP music and that they would not be obtaining a BMI license. The representative explained that because BMI represents approximately one half of the copyrighted musical works in the United States, it would be very rare for a business to not be using BMI music and virtually impossible for a business owner to monitor the music played to ensure this was the case. The representative indicated that BMI would cease contacting the business at that time but that BMI would continue to monitor music use in the business and may contact the business again in the future to offer a license if it becomes known that the business is using BMI music. BMI reviewed the account again in 2015 and determined that since the business’ advertisements indicated that it was still having live music regularly, a BMI license was likely necessary, and so BMI began contacting the establishment again, as the BMI representative had advised the establishment. Additionally, the establishment’s advertised performers are known to perform cover songs which would require a BMI license. At this time, it should be noted that [redacted] remains unauthorized by BMI to publicly perform musical works in the BMI repertoire in any manner unless prior permission is granted. BMI continues to monitor the music use of its affiliated songwriters, composers, and music publishers, and, in the event that a BMI license becomes necessary, it is [redacted]’s responsibility to ensure that it secures the necessary permission prior to any such performances. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S. Copyright Law. If you or [redacted] have any further questions about BMI or the more than 8.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted]. Very truly yours, /signed/ Senior Director, Business Affairs?

Review: BMI is aggressively and deceptively claiming that I need to pay them a yearly fee to license music from them. I received a phone call on Tuesday stating that I had not responded to paperwork sent to me in the mail and that I probably needed to pay BMI royalty fees to have music in my establishment. I had not seen this paperwork because BMI had not even allowed enough time to transpire for the postal service to deliver this paperwork, let alone for me read it and determine its veracity. I asked the caller to email me the paperwork because I was unwilling to do any such business via an unsolicited call. On Tuesday not only received the information requested, but immediately (8 minutes) after received an email stating that I had until Friday to apply for the license. Then on Wednesday I received another email stating "Our records indicate the license has not been received at the time of this e-mail." Overall BMI's language indicates that I have no legal option but to pay them money, which is false-- I am covered under exception 110(5) of U.S. copyright law.Desired Settlement: I would like to be left alone. But more importantly I would like BMI to stop trying to coerce money out of small business owners.

Business

Response:

[redacted]

[redacted] Dear [redacted]: I am writing in response to your February **, 2015 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted], [redacted] of [redacted] located in [redacted]. In his complaint, [redacted] asserts that he is not in need of a BMI license due to the fact that he has secured copyright permission from another organization and is therefore receiving unnecessary calls and letters from BMI. This letter serves to inform you of BMI’s business function and its communications with [redacted] and [redacted]. BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright owners of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 8.5 million musical works and represents the works of over 650,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys. As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] and [redacted] are as follows: BMI began contacting [redacted] in February 2015 to offer a music license for live music being performed in the establishment. A BMI representative spoke with [redacted] and discussed the need for the license, at which time [redacted] indicated that live music is performed at the location one night per week. [redacted] claims in his complaint that he has already obtained copyright permission from a different organization. However, it should be noted that another PRO cannot grant permission for public performance of the BMI repertoire. In addition [redacted] indicated that he also uses a background music service. While it is true that the service does have a license with BMI which specifically grants permission for the public performance of background recorded music provided by the service, it does not grant permission for live music which [redacted] indicated is performed at the establishment. Further, [redacted] should know that the exemption he cited in Section 110(5) in Title 17 of the United States Code does not apply to live performances. At this time, it should be noted that [redacted] is unauthorized by BMI to publicly perform works in the BMI repertoire and performances of such works could constitute copyright infringement, subjecting the business to substantial fines and damages. It is recommended that [redacted] promptly contact BMI at ###-###-#### to secure a license for the public performance of BMI works. Very truly yours, [redacted]

Review: The sales person repeatedly calls after requests for her to stop. As well argues about legal issues that do not apply to my business since we have our music licensed through other services. She is rude and insults my [redacted] and myself.Desired Settlement: Stop harassing my business. Stop calling.

Business

Response:

[redacted]

Dear [redacted]:

I am writing in response to a complaint your office received about BMI from [redacted] of [redacted] located in [redacted], Alabama. In the complaint, [redacted] states she is receiving unnecessary calls from BMI after she has asked BMI to stop calling. She further claims the business is not in need of a BMI music license because music used in the business is licensed through other services. This communication serves to inform you of BMI’s business function and to provide a history of BMI’s communications with [redacted] and [redacted].

As you know, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization.

BMI began contacting [redacted] and [redacted] in September 2014 to offer a license for the music being used in the business, specifically the use of recorded music via an iPod, and the use of music in group fitness classes which are offered by the fitness facility. On September **, 2014, a BMI representative spoke with [redacted], who refused to discuss the need for a license and disconnected the call. Additionally, on October **, a different BMI representative spoke with a female at the business who identified herself as the [redacted], who also refused to discuss the license and also disconnected the call without offering any reason as to why the business does not need the license.

BMI understands that the business is still using recorded music in the facility and offering fitness classes that also use music, and these uses would require the copyright permission for any BMI music used, which can be obtained through the BMI license. Additionally, BMI has no reason to believe that copyright permission for any BMI music has been obtained from another source as [redacted] states in her complaint. For this reason, BMI will continue to contact the business to offer a license for the permission to use music in the BMI repertoire.

It should be noted that at this time, this [redacted] location is not authorized by BMI to use works in the BMI repertoire, and any unauthorized performances of such works could be considered copyright infringement and subject the establishment to significant fines and damages.

If you or [redacted] have any questions about BMI or the more than 8.5 million works represented by BMI, please feel free to contact me.

Very truly yours,

[redacted]

Review: Multiple BMI representatives have called our business AT LEAST 25 times demanding that we buy a music license from their company for music we do not offer. We are an ice cream store, not a public music hall. We do not need a license or want a license and even if we did, would never buy from this company. Their sales agents threaten, call multiple times per day, and are extremely rude and hostile.Desired Settlement: No more calls or solicitations from them in any way.

Business

Response:

[redacted]

Dear ­­­­­­­­­­­­­­­­­­[redacted]:

I am writing in response to your September **, 2014 communication to Broadcast Music, Inc. (“BMI”) regarding a complaint that your office received about BMI from [redacted], [redacted] of [redacted] in [redacted] On [redacted]. In his complaint, [redacted] asserts that he is not in need of a BMI license and is receiving unnecessary calls and letters from BMI. This letter serves to inform you of BMI’s business function and its communications with [redacted] and [redacted].

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C., “a performing rights society is an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of the copyright [redacted]s of such work, such as…Broadcast Music, Inc…”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI currently licenses approximately 8.5 million musical works and represents the works of over 650,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performance of the musical works which BMI represents includes: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with [redacted] and [redacted] are as follows:

BMI began contacting [redacted] in June of 2014 to offer a license for live music that was scheduled to take place at the establishment. At first, BMI was told there was no music at the establishment. However BMI confirmed several instances of live music throughout the summer including performances by [redacted] on June [redacted] and performances by [redacted] on July [redacted] and July [redacted]. Throughout the subsequent months, [redacted] did not respond to BMI’s calls or letters and refused to discuss the need for the BMI music license.

At this time, it should be noted that [redacted] is unauthorized by BMI to publicly perform works in the BMI repertoire and performances of such works could constitute copyright infringement, subjecting the business to substantial fines and damages. It is recommended that [redacted] promptly contact BMI at ###-###-#### to secure a license for the public performance of BMI works.

If you or [redacted] have any further questions about BMI or the more than 8.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].

Very truly yours,

/signed/

Review: We are being billed for fees that we do not owe. We do not have music playing in lobby areas. We do not have music playing in our facility that needs to be billed music licensing fees. Our establishment paid this fee once before by a former manager that assumed we were required to pay it and now we continuously receive invoices, late charges, and collections threats. We no longer play music in public spaces because paying for it is not within our budget.Desired Settlement: I would like for BMI to stop billing us and threatening to ruin our business credit. If we were a business that needed to pay licensing fees, I would accept the charges and pay the bill. However, like I said, we aren't and I would like the correspondence to cease and for our account to be removed as a billable account.

Sincerely, [redacted], [redacted] BMI Account# [redacted]

Business

Response:

[redacted]

Dear [redacted],

I am in receipt of your April **, 2014 letter regarding Revdex.com ID # [redacted] and a complaint made by [redacted] of Matrix Gym in Huntsville, AL. In her complaint, [redacted] complains about Broadcast Music, Inc.’s (“BMI”) contacts with her regarding her BMI music license for Matrix Gym. After review of the file, I provide the following detail regarding BMI’s business function and our understanding of the music use at this establishment.

BMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers and music publishers (collectively referred to as “BMI affiliates”) since 1940. Our affiliates grant to BMI, on a non-exclusive basis, the right to license their performing right (one of several rights afforded musical creators under U.S. Copyright Law). Performing right organizations enter into license agreements with, and collect license fees from, users of music and distribute those license fees in the form of royalties to copyright holders (e.g., songwriters, composers and music publishers). The U.S. Copyright Law specifically refers to BMI as a performing right organization (society), stating in 17 U.S.C. 101 “a performing rights society is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of the copyright [redacted]s of such work, such as... Broadcast Music, Inc... (BMI)”. BMI operates on a not-for-profit basis, and all license fees received, less administrative expenses and certain reserves, are distributed to BMI affiliates. BMI licenses approximately 8.5 million musical works and represents the works of over 600,000 songwriters, composers, and music publishers. BMI represents approximately one half of the music played in the United States every day. A sampling of music users with whom BMI has entered into licenses for the public performances of the musical works which BMI represents include: radio stations, television stations, cable networks, restaurants, bars, hotels, nightclubs, fitness clubs, concert promoters, colleges/universities, retail establishments, festivals, ice skating rinks, and bowling alleys.

As noted above, the U.S. Copyright Law requires persons who desire to publicly perform a copyrighted musical work to obtain permission from the creator of the musical work, or a performing right organization authorized to license their copyright on their behalf, such as BMI. To this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. As a result of BMI’s communication with Matrix Gym personnel, BMI was informed that the establishment offers group fitness classes that use recorded music. Group fitness classes that use recorded music, such as Zumba for example, are also advertised on the establishment’s website. A license from BMI is required to have this type of public performance of BMI music in the business, as well as other types of performance of music within the fitness facility.

It should be noted that Matrix Gym is currently licensed with BMI to publicly perform musical works in the BMI repertoire. However, the establishment is now in collections for non-payment and should contact BMI immediately to resolve the past due balance in order to remain licensed to use the BMI repertoire. If Matrix Gym insists that it does not use BMI music and wishes to cancel the license, there are termination provisions in the contract, and BMI will be happy to accept any such cancellation. However, BMI continues to monitor the music use of its affiliated songwriters, composers and music publishers, and, in the event that a BMI license is necessary, it remains Matrix Gym’s responsibility to ensure that it is properly licensed. Failure to do so constitutes copyright infringement and may subject the establishment to financial damages under U.S Copyright Law.

If you or [redacted] have any further questions about BMI or the more than 8.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].

Very truly yours,