February *, [redacted] VIA ONLINE DISPUTE RESOLUTION SYSTEM [redacted] Mediator Revdex.com [redacted] Dear [redacted] ***: I am writing in response to your January **, [redacted] 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 ClubBMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 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 alleysAs 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 [redacted] are as follows: BMI began contacting [redacted] in October 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 MrM***, BMI followed up via telephone on December **, 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 *, ***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.SCopyright LawIf you 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 [redacted] Very truly yours, /signed/ Senior Director, Business Affairs
[redacted] [redacted] [redacted] [redacted] ** [redacted] Dear Sir: I am writing in response to your September *, 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 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 7000,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 alleysAs 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 [redacted] are as follows: BMI began contacting [redacted] in June to offer a license for live music and karaoke being performed in the business [redacted] spoke with a BMI representative on July **, 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 *, 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 licenseIt 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.SCopyright LawIf you or [redacted] 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 [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 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 jukeboxThey continued to harass us by phone, mail and email until contacted by the Revdex.comThey spoke to an owner each and every timeWe were told that they would continue to call multiple times a day until we agreed to purchase a licenseWe never told them that we stopped offering music since we never did to begin withThe harassment has finally stopped for now, but we go through this with them every year or soWe 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]
February *, [redacted] VIA ONLINE DISPUTE RESOLUTION SYSTEM [redacted] Mediator Revdex.com [redacted] Dear [redacted] ***: I am writing in response to your January **, [redacted] 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 ClubBMI is one of the nation’s three performing right organizations (“PRO”), representing songwriters, composers, and music publishers (collectively referred to as “BMI affiliates”) since 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 alleysAs 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 [redacted] are as follows: BMI began contacting [redacted] in October 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 MrM***, BMI followed up via telephone on December **, 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 *, ***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.SCopyright LawIf you 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 [redacted] Very truly yours, /signed/ Senior Director, Business Affairs
[redacted] [redacted] [redacted] [redacted] ** [redacted] Dear Sir: I am writing in response to your September *, 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 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 7000,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 alleysAs 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 [redacted] are as follows: BMI began contacting [redacted] in June to offer a license for live music and karaoke being performed in the business [redacted] spoke with a BMI representative on July **, 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 *, 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 licenseIt 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.SCopyright LawIf you or [redacted] 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 [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 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 jukeboxThey continued to harass us by phone, mail and email until contacted by the Revdex.comThey spoke to an owner each and every timeWe were told that they would continue to call multiple times a day until we agreed to purchase a licenseWe never told them that we stopped offering music since we never did to begin withThe harassment has finally stopped for now, but we go through this with them every year or soWe 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]