October *, 2015 VIA ONLINE DISPUTE RESOLUTION SERVICE *** ***
*** ***
*** *** ***
*** *** *** **
***
I am writing in response to your October *, communication to Broadcast Music, Inc(“BMI”) regarding a complaint that your office received about BMI from *** ***, owner of *** *** *** *** ** *** ***. In her complaint, *** *** 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 *** ***. 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.SCopyright 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.SCopyright Law specifically refers to BMI as a performing right organization (society), stating in 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 million musical works and represents the works of over 700,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.SCopyright 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 BMITo this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with *** *** are as follows: BMI began contacting Rock Lake Resort in September 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.SCopyright Law. If you or *** *** have any further questions about BMI or the more than million musical works represented by BMI, please feel free to contact me or visit the BMI website at ***. Very truly yours, /signed/ Senior Director, Business Affairs
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolved
Sincerely,
*** ***
November **, 2015VIA ONLINE
DISPUTE RESOLUTION SYSTEM*** *** ***
*** ***
*** *** ***Re: Revdex.com Case ID ***Dear *** ***I am writing in response to your October
**, communication to Broadcast Music, Inc(“BMI”) regarding a complaint
that your office received
about BMI from *** ***, owner of *** *** *** ** *** ***. In his
complaint, *** *** 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.SCopyright 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.SCopyright Law
specifically refers to BMI as a performing right organization (society),
stating in 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
million musical works and represents the works of over 700,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.SCopyright 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
BMITo this end, BMI contacts businesses that perform music and assists them
in securing the proper authorization. BMI’s communications with *** *** are as follows:BMI began contacting *** *** to
pursue a license for music used in the business in October of 2015. *** *** stated that he paid BMI music
licensing fees through the Bowling Proprietors Association of America (“BPAA”). It was then explained to *** *** 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 *** *** have any further
questions about BMI or the more than 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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolvedTo this date I have not had any further phone calls from this businessThank you for your help in this matter
Sincerely,
*** ***
November *, 2015VIA ONLINE DISPUTE RESOLUTION SYSTEM*** *** ***
***Revdex.comRe: Revdex.com Case ID #***Dear *** ***I am writing in response to your October ***, communication to Broadcast Music, Inc(“BMI”) regarding a complaint that your office received about BMI from
*** *** owner of *** *** *** *** ** *** ***. In her complaint, *** *** 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 *** ***.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.SCopyright 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.SCopyright Law specifically refers to BMI as a performing right organization (society), stating in 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 million musical works and represents the works of over 700,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.SCopyright 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 BMITo this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with *** *** are as follows:BMI began contacting Coral Mustang Wines in September to pursue a license for live music at the establishment. After leaving several messages, a BMI representative spoke with *** *** on October **, 2015. *** *** 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 *** ***.If you or *** *** have any further questions about BMI or the more than million musical works represented by BMI, please feel free to contact me or visit the BMI website at ***.Very truly yours, /signed/Senior DirectorBusiness Affairs
Revdex.com:
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,
[redacted]
Revdex.com:
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,
[redacted]
Revdex.com:
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,
[redacted]
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.
Revdex.com:
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,
[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
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
[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
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?
October *, 2015 VIA ONLINE DISPUTE RESOLUTION SERVICE *** ***
*** ***
*** *** ***
*** *** *** **
***
I am writing in response to your October *, communication to Broadcast Music, Inc(“BMI”) regarding a complaint that your office received about BMI from *** ***, owner of *** *** *** *** ** *** ***. In her complaint, *** *** 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 *** ***. 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.SCopyright 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.SCopyright Law specifically refers to BMI as a performing right organization (society), stating in 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 million musical works and represents the works of over 700,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.SCopyright 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 BMITo this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with *** *** are as follows: BMI began contacting Rock Lake Resort in September 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.SCopyright Law. If you or *** *** have any further questions about BMI or the more than million musical works represented by BMI, please feel free to contact me or visit the BMI website at ***. Very truly yours, /signed/ Senior Director, Business Affairs
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolved
Sincerely,
*** ***
November **, 2015VIA ONLINE
DISPUTE RESOLUTION SYSTEM*** *** ***
*** ***
*** *** ***Re: Revdex.com Case ID ***Dear *** ***I am writing in response to your October
**, communication to Broadcast Music, Inc(“BMI”) regarding a complaint
that your office received
about BMI from *** ***, owner of *** *** *** ** *** ***. In his
complaint, *** *** 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.SCopyright 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.SCopyright Law
specifically refers to BMI as a performing right organization (society),
stating in 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
million musical works and represents the works of over 700,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.SCopyright 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
BMITo this end, BMI contacts businesses that perform music and assists them
in securing the proper authorization. BMI’s communications with *** *** are as follows:BMI began contacting *** *** to
pursue a license for music used in the business in October of 2015. *** *** stated that he paid BMI music
licensing fees through the Bowling Proprietors Association of America (“BPAA”). It was then explained to *** *** 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 *** *** have any further
questions about BMI or the more than 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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolvedTo this date I have not had any further phone calls from this businessThank you for your help in this matter
Sincerely,
*** ***
November *, 2015VIA ONLINE DISPUTE RESOLUTION SYSTEM*** *** ***
***Revdex.comRe: Revdex.com Case ID #***Dear *** ***I am writing in response to your October ***, communication to Broadcast Music, Inc(“BMI”) regarding a complaint that your office received about BMI from
*** *** owner of *** *** *** *** ** *** ***. In her complaint, *** *** 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 *** ***.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.SCopyright 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.SCopyright Law specifically refers to BMI as a performing right organization (society), stating in 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 million musical works and represents the works of over 700,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.SCopyright 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 BMITo this end, BMI contacts businesses that perform music and assists them in securing the proper authorization. BMI’s communications with *** *** are as follows:BMI began contacting Coral Mustang Wines in September to pursue a license for live music at the establishment. After leaving several messages, a BMI representative spoke with *** *** on October **, 2015. *** *** 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 *** ***.If you or *** *** have any further questions about BMI or the more than million musical works represented by BMI, please feel free to contact me or visit the BMI website at ***.Very truly yours, /signed/Senior DirectorBusiness Affairs
Revdex.com:
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,
[redacted]
Revdex.com:
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,
[redacted]
Revdex.com:
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,
[redacted]
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.
Revdex.com:
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,
[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
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
[redacted]
[redacted]
[redacted]
[redacted]
[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
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?