BMI

This company's tactics are nothing short of harrassment. They call, email, mail letters... They have a "minimum" charge for fitness clubs of up to 800 members, yet the calculation they show on what they say I "owe them" is based on 504 members. I am not at all sure where that number came from, as I have nowhere near that many members. I already pay for music licensing through another PRO. I have even had them call my club, ask for me, hang up, then call back in a different voice and ask for me again. AWFUL!

Review: BMI repeated contacts my office and is very rude and disrespectful. We have told them every time they call that we have obtained all property music licensing through another association. They are relentless. I have also give their contact information to our legal team and have directed my staff not to speak with any one from BMI. We wish that they stop harassing my office staff.Desired Settlement: I wish for BMI to apologize for the harassment and to STOP contact us trying to sell a service we have told them we do not require or wish to purchase through them.

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] at [redacted] located in [redacted] In her complaint, [redacted] asserts that she 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] at Watermark. 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] at [redacted] are as follows: BMI began contacting [redacted] at [redacted] in October 2014 to offer a license for televisions used in the public areas at the establishment. [redacted] informed the BMI representative that they use Mood Media for background music. The BMI rep explained that Mood Media is licensed with BMI for background music, but the establishment is responsible for obtaining copyright permission for music on the televisions. On December *, 2014, BMI received an email from [redacted] informing BMI that she would not be signing a BMI license because she has licensed her televisions through [redacted]. On that same date, A BMI representative contacted her via telephone explaining that the [redacted] license only grants permission for the songs in [redacted]’s repertoire and that a BMI license is still needed for the songs in BMI’s repertoire. This was further explained in a subsequent phone conversation with [redacted] on February *, 2015. At this time, it should be noted that [redacted] at [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]

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:

In the response from BMI they continue to harrass [redacted] to register for their services. I don't know any other ways to tell BMI that we are not in need of their service. Please assist me in getting them to start contacting us any further. We have aquired all approciate music and TV licensing. Sincerely, [redacted]

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

Sincerely,

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:

I am in full understanding of the services the BMI offers. When they call the office they are extremely rude and disrepectful to myself and my staff. Again, I have told them everytime they call that we have alreay obtained all licensing required by law that we obtain. I have already contacted our lawfirm and have told BMI that we have retained counsel but they still will not stop calling and harrassing my staff. Is the Revdex.com not able to help me in getting them to stop contacting and harrassing my office? I just want them to stop, no means no. Please help me. Sincerely, [redacted]

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

Sincerely,

Business

Response:

Please inform BMI of your counsel's name and contact information, and BMI can contact the attorney directly instead of your business. Thank you.

Review: Over the course of the last year we have been singled out in our community and harassed by this company. They have threaten law suits, collections, and been extremely pushy. We were not aware we needed any kind of license for us to hire a band to play for our once a year event. We also were told we couldn't have any kind of music playing from our Dish Network (that's in our bar area) without a proper permit. We have since halted music performances and have asked them continuously to quit harassing us to which they haven't stopped. They called everyday for two weeks straight. I have started a log and if the badgering continues we will be pursuing our own lawsuit.Desired Settlement: Leave us alone.

Business

Response:

[redacted]

Dear [redacted]:

I am writing in response to your August ** 2014 letter to Broadcast

Music, Inc. (“BMI”) regarding a complaint your office received about BMI from [redacted]

[redacted], owner of [redacted], located in Burney, California. In the complaint, [redacted] asserts that BMI has unfairly

singled out [redacted] in pursuing a music license for the business. 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 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 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 April 2013 to offer a license

for live music and DJs that BMI had recently confirmed were taking place at the

establishment. Throughout the following

months, BMI left several phone messages and sent letters to [redacted] in an

attempt to discuss the need for the BMI license. On July **, 2014, BMI spoke with [redacted],

whereby she explained that the business had ceased using live music and DJs in

the business. BMI, in compliance with

routine business practices, confirmed that the music had indeed been

discontinued and therefore ceased contacting [redacted] and [redacted] in August

2014.

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,

This company has been harassing us for weeks. They are deceitful and malicious and try to use scare tactics to get you to purchase their licensing. We are a tiny coffee shop that plays the radio (public radio) and has a few local musicians on Saturday nights. The musicians play their own music, nothing copyrighted. We also have a band from a local church who play contemporary christian music. Our lawyer informed us we are cover by their CCLI #. I have explained all of this multiple times and yet they still keep calling. The agents are rude and will say anything to try to scare you. They have also stalked our [redacted] page to bring up the church band playing here. That was when I told him I was contacting my lawyer. Even if my lawyer determined that we needed the license there is NO WAY I would purchase it through BMI.

Review: Beginning in 2009, BMI has been soliciting my company for collection of licensing fees associated with the playing of music in my establishment. Despite repeated reply emails stating I am already a customer of [redacted], a company that provides necessary licensing to business like mine, they have sent emails or contacted my business by phone over 30 times. I have repeated to BMI numerous times that [redacted], as well as my company's attorney, has informed me I am in full compliance with all copyright requirements. They continue to email, and worse call my business and engage with my business' staff during peak business hours. This is harrassment type solicitation and I have requested they no longer contact and please remove from email contact. This has only led to different representatives continuing to contact. They use veiled threats of lawsuits or legal settlements concerning other restaurants who have NOT paid licensing fees in an attempt to DOUBLE collect from businesses like mine through these harrassment type business solicitations. This company is actively trying to DOUBLE collect required licensing fees from businesses that choose to use their competitors with harassment type solicitations.Desired Settlement: I ask this company to stop contacting me and other companies that are obvious and forthcoming with their preference to do business with [redacted], [redacted], Etc. I would like written acknowledgement from this company that these practices will no longer continue.

Business

Response:

Dear [redacted],

I am in receipt of your August **, 2013 letter regarding Revdex.com ID #[redacted] and a complaint made by [redacted] of Restoration Cuisine, LLC d/b/a [redacted] in [redacted]. In his complaint, **. [redacted] complains about Broadcast Music, Inc.’s (“BMI”) contacts with him 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 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]’s personnel, BMI was informed that the establishment sometimes offers live musical entertainment. Magnolia representatives have stated on different occasions that the business sometimes offers solo guitarists, piano players, as well as a Jazz trio. A license from BMI would be required to have this type of public performance of BMI music in the business. Any agreement that the business has with a background music service which may be licensed with BMI and may cover the licensing of performing rights to the BMI repertoire with regard to the audio-only programming provided by the service does not grant permission for all other types of live and/or recorded performances of BMI music, which may occur at the establishment.

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 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

I recently purchased an event venue in [redacted]. BMI representatives read this article in the local paper and began contacting me rigorously regarding a music license. considering I was only 1 week into the acquisition, I have a lot of things to accomplish regarding my purchase as it pertains to taxes, licenses, permits, attorney fees, hiring new employees, etc. I told the BMI rep to send any information via the mail and to no longer contact me via phone or email. within 2 days of this initial conversation, the BMI rep decided to call and email again regarding a license application. I then called the rep back to reiterate my wishes and to be patient considering my new acquisition. The rep then proceeded to recite federal case law and begin putting pressure on me to get the license or a fine would be in order. the following monday, the BMI rep contacted me again and continued to put unneeded pressure and intimidation on me and my business regarding a music license. I once again explained that I am very busy and will reply to any correspondence that comes in the mail. the BMI rep wanted to argue and debate federal laws to me.
as a small business owner, these high pressure sales tactics are unethical and do not support the small business owner.

Review: BMI agents keep harassing us daily sometimes two -three times by phone, email and mail and will not accept no. We do not offer music other than a jukebox and they have been told that over and over and over. We have gone over all the paper work they have sent as well as any information we could find online and we DO NOT need their license. This we go through this with them every year or two and are tired of it. It is nothing but harassment pure and simple.Desired Settlement: That they leave us the he__ alone, now and in the future. If and when we ever decide to offer music we will contact them or the other companies as needed. We do not need them harassing us or our employees.

Business

Response:

October *, 2015 VIA ONLINE DISPUTE RESOLUTION SERVICE [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 her complaint, [redacted] asserts that she is not in need of a BMI license due to the fact that her business is no longer using 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 Rock Lake Resort in September 2015 to pursue a license for the occasional use of DJs, karaoke, and live music in the establishment. In the subsequent weeks, despite many attempts, BMI was unable to speak with the owners of the establishment to discuss the need for the license. On September **, 2015, BMI received a phone message from an unidentified female calling on behalf of the establishment indicating the business was no longer using music. At that time, BMI closed the file and ceased contacting the business to pursue a license. At this time, it should be noted that Rock Lake Resort 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 Rock Lake Resort’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 [redacted]. 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 becauseI have reviewed their response and would like a couple of things noted first seeing that their response seems to be a very generic one. BMI was told on the very first contact that Rock Lake was Not in need of a license since we did not offer music other than a jukebox. They continued to harass us by phone, mail and email until contacted by the Revdex.com. They spoke to an owner each and every time. We were told that they would continue to call multiple times a day until we agreed to purchase a license. We never told them that we stopped offering music since we never did to begin with. The harassment has finally stopped for now, but we go through this with them every year or so. We do not want any contact from them ever.

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

Sincerely,

Review: I am being harassed by this company to obtain a licensing fee from me that they cannot substantiate. I have made every effort in accordance with the advice of my attorney to comply with federal copyright law for music. I own and license a Pandora DMX system for all broadcast music. I only hire musicians who play original music, and I contract with them to assure that they are not playing music that is owned or music be licensed from other writers or performers. This company says I must have a license with them in case someone ever plays a cover song, even if it is not one that is registered in their catalog, even though I have expressly informed musicians that this is not an option at my venue. We are known for our original music, not for cover musicians. She also said we need a license even if they are not possibly playing covers. The representative could not refer me to the part of the law that applies to this, she could not refer me to the appropriate license type. She was verbally abusive and threatening and unprofessional. She also gave me the impression that a license with BMI would cover me legally, but then said, when pressed, that I would also have to license with the other two companies as well to be fully covered because BMI doesn't represent all musicians. I asked how I could know that a company was representing the original musicians I hire, and she said I couldn't really know that, I would just have to license with all three. I asked what happens if the musician is not registered with any company at all, she said it didn't matter. How can that be? I mainly worry that the loop is broken, that these people are intimidating bars, restaurants and venues into paying for royalties that are never being paid to the musicians involved.Desired Settlement: There are three such licensing companies, two of which have used the same threatening and intimidating tactic with me in the last 12 months. It is an enormous waste of my time and very unsettling for me as a business owner dedicated to diligence and fulfilling my obligations. It seems like a racket, although I know that some businesses may not be complying. My guess is that many people capitulate to the threats and intimidation, even if they are complying in other perfectly legitimate ways, like I am. As far as I am concerned, they cannot contact me again, only my attorney.

Business

Response:

April **, 2014

Dear [redacted],

I am in receipt of your March **, 2014 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 [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. After looking at [redacted] page, a BMI representative found the establishment sometimes offers live musical entertainment. [redacted] also confirmed live music during a telephone conversation with a BMI representative. 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. A representative of BMI noted that [redacted] claims she hires original songwriters only and that she has a contract with all performers stating that they won't perform BMI music. [redacted] should know it is BMI’s responsibility to compensate songwriters for the public performance of original compositions, whether they were written by the performer or by someone else. Further, even if a performer agrees not to play any music from the BMI catalogue, it does not remove the establishment’s obligation to seek prior permission through a license from BMI if a BMI copyrighted song is performed.

Regarding [redacted]'s statements about other licensing companies, she should also be aware a license from BMI would only grant permission to perform music in the BMI catalogue, which, as mentioned previously, is approximately every other song played in the United States today. This would not cover the establishment's licensing responsibility to any other performing right organization.

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]’ 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,

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:

I was aware of all the various details provided in the response, and made it clear to the caller that I was aware of all the requirements. I was and continue to be absolutely sure that the local musicians I have been booking are not licensed by this company. I have a contract with my musicians that they can only play music wholly owned by themselves, and if it is licensed by a licensing entity, I must be made aware so that I can comply. I mentioned this to the caller and was told that I was still required to purchase their license, even though I could demonstrate that I was not required to carry their license. The call became harassment, and the caller was yelling at me, interrupting me and threatening a law suit, which was entirely unwarranted based on the information they provided and what I provided back to them. I ask that they agree not to contact me again, or if they must, to contact my attorney. They did not agree to this and so the matter is not resolved. I agree to contact them directly and obtain their license at any point in the future in which my operations change and I am so required.

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

Sincerely,

Business

Response:

BMI will cease contact at this time based on the establishment's claim of original music use only. However, [redacted] should know that contracting with entertainers at a business to not play music copyrighted by others does not relieve an owner of responsibility for copyright infringement at the owner's business if it occurs. Further, 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]’ 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.

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.

I am offended by the implication that I may not be addressing all of the legal compliance for which my company is responsible, and that this accusation might make harassment acceptable. I own a distillery and I have 17 permits to operate, federal, state and local. I am nothing if not highly aware of and committed to legal compliance for my business. Of COURSE I will not violate copyright law. Thank you for agreeing to stop this campaign of harassment.

Sincerely,

Review: I manage a restaurant in Charlotte, NC. We were at the beginning of the year by BMI about licensing the music that we play in the restaurant. From the beginning, we have explained to the representatives of BMI that we are licensed through a competing company. They have continued their high pressure pursuit, with harassing emails and letters, even after I have sent them the contract info that I have with the other company. They are predatory, and unrelenting. It is an escalating source of irritation for me and my staff to be continually dealing with this company.Desired Settlement: If you have any influence with the company, please make them stop there harassment. And if that is possible, at least let other business owners know that they practice a particularly craven form of sales, and to not be fooled. Thank You.

Business

Response:

Dear [redacted],

I am in receipt of your July **, 2013 letter regarding Revdex.com ID # [redacted] and a complaint made by [redacted] of [redacted] in Charlotte, NC. Although [redacted] did not advise the name of the business this complaint refers to, I was able to locate the business information. In his complaint, [redacted] complains about Broadcast Music, Inc.’s (“BMI”) contacts with him 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 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, 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 that the establishment sometimes offers live musical entertainment. An employee stated that the business often hosts live music for Sunday brunch. 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. Additionally, it was brought to the attention of a representative of BMI that the business may subscribe to a background music service which may be licensed with BMI and may cover the licensing of performing rights to the BMI repertoire with regard to the audio-only programming provided by the service. [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 [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 7.5 million musical works represented by BMI, please feel free to contact me or visit the BMI website at [redacted].

Very truly yours,