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BMI is spamming the Part 15 station list

Re: THIS IS A MAJOR PROBLEM

> > > As I pointed out in the earlier thread, BMI owns the
> > rights
> > > to > the music and can charge anything they want for its
>
> > use.
> >
> > True, but which music? Specifically, what song titles?
> Which
> > Part 15 stations are playing BMI's music? BMI isn't the
> > publisher of every song that was ever written!
> >
>
> BMI doesn't publish music. BMI represents the writers and
> publishers of a large majority of music and can sue for
> unauthorized performances.
>
> Other major organizations are ASCAP and SESAC.
>
> Its up to you to determine the licensing organization of the
> music you play; most often this is printed on the label or
> packaging of CDs. Sometimes not.
> But playing something that isn't marked with any licensing
> organization is playing Russian roulette.
>
> If they have the interest in your operation - and you play
> the wrong title without an agreement, they can sue. Case
> closed.
>

Whether they publish or represent- let's not lose the point:

Drop their clients from your playlist and they have nothing to sue about- no case to close!

DE
 
Re: Sue BMI

they are violating US Anti-Spam Laws :)

Good class action lawsuit. any lawyers in the house????<P ID="signature">______________
Oldies 1610 AM Stereo

"Proud User of Chris Cuff's Alfredo Lite 100mw"

http://www.part15.us
Largest Part 15 Website in the World</P>
 
It was said below that CDs should bear the appropriate association for music licensing. What about those who air talk programming with music bumpers, themes, etc.? Not that any Part 15s air his show, but who represents The Pretenders as Rush's theme song?
 
Themes

> It was said below that CDs should bear the appropriate
> association for music licensing. What about those who air
> talk programming with music bumpers, themes, etc.? Not that
> any Part 15s air his show, but who represents The Pretenders
> as Rush's theme song?
>

To add another layer to music use, BMI/ASCAP/SESAC music licenses are for the performance of the work, ie to play it, in its complete form. If you use a portion, for a theme or a promo bed, then you need to have the "mechanical rite", which need to be negotiated directly with the performer, or cleared through a clearing house, such as The Harry Fox Agency. And, in most cases, you have to pay. That is why radio stations purchase production libraries. You can't just lift the Pretenders for a theme song. Got to pay for it.
 
Re: Themes

> To add another layer to music use, BMI/ASCAP/SESAC music
> licenses are for the performance of the work, ie to play it,
> in its complete form. If you use a portion, for a theme or a
> promo bed, then you need to have the "mechanical rite",
> which need to be negotiated directly with the performer, or
> cleared through a clearing house, such as The Harry Fox
> Agency. And, in most cases, you have to pay. That is why
> radio stations purchase production libraries. You can't just
> lift the Pretenders for a theme song. Got to pay for it.

Actually that's not entirely true. A radio station agreement with
BMI/ASCAP/SESAC entitles the station to use the music as themes -
or use portions of music in station promos.

I just sat through a BMI seminar earlier this year.

The Harry Fox Agency comes into play when you're using music for
a commercial advertiser; this is not covered under your BMI license.

See: http://www.bmi.com/licensing/commercials.asp

There may be different rules for network radio and television, I'm
not certain.
>
 
> It was said below that CDs should bear the appropriate
> association for music licensing. What about those who air
> talk programming with music bumpers, themes, etc.? Not that
> any Part 15s air his show, but who represents The Pretenders
> as Rush's theme song?
>

With commercial radio, there are reduced rate agreements for
stations that primarily air talk programming, but use music for
bumpers, etc.
 
Re: Themes

> Actually that's not entirely true. A radio station
> agreement with
> BMI/ASCAP/SESAC entitles the station to use the music as
> themes -
> or use portions of music in station promos.

You were correct on prohibiting using music for commercial beds. However, the above is not correct. The only time you can use music in a station promo is promote the group or artist you may be featuring, or in an image type things, such as "We play AC/DC...music clip, Areosmith...Music clip, Etc". "Legally" you can't use a song as the bed for your news open or sports open, without permission, as this is a new use of the piece, under definition of copyright. Not sure what session you sat in on, but a BMI rep at a conference I attended, and in agreement with a entertainment attorney, was pretty clear in defining what was apropriate use of recorded music by radio and what was not, in terms of their licenses. The over the air broadcast license allows you to play the work. Not much else.

That said, and that is why I stressed "Legally", stations break these rules all the time. They have lawyers and deep pockets, especially if you are CC, Infinity, Cumulus, or any of the other big groups. The small station owner, college station, or part 15 hobbyist do not.
 
BMI can blow it out their ass. I mean come on now. From my understanding from here and the FCC's website Part 15 stations can only legally cover a couple of blocks. It's stupid to go after something that can only cover a couple blocks.

I had a brokered music on an AMer who's broadcast day was not leased by the main broker after 6PM. I never paid any BMI fees. All I had to do was do my show 8PM-10PM every Friday night and give a copy of my playlist along with a $20 check for the airtime to the station manager. The station manager didn't even care some of my music came from CDs I had burned from Napster, etc. Some of my other music was songs I burned off my dad's real copies of the CDs.
 
> I had a brokered music on an AMer who's broadcast day was
> not leased by the main broker after 6PM. I never paid any
> BMI fees. All I had to do was do my show 8PM-10PM every
> Friday night and give a copy of my playlist along with a $20
> check for the airtime to the station manager.

Because you don't pay BMI or ASCAP. The licensee of the radio
station does; their fees are based on annual revenues with a minimum
fee due nonetheless.
 
Re: THIS IS A MAJOR PROBLEM

> Any lawyers want to tackle this one?

BMI can enforce the public performance right for music. However, there is no obligation to get a license for non-public performances because they have no statutory right to extract a license for anything other than public performances and for mechanical preproduction of their catalog. For example, a Part-15 wireless extension speaker device for your home stereo is not a public performance or and is not subject to compulsory licensing. I would seek the advice of counsel to determine whether your situation calls for a license.
 
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