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BMI witch hunt

T

titoisradio

BMI has contacted many of the top Live365 Webcasters accusing them of not paying royalties and sent a package with licensing agreements. All of the stations contacted are covered under Live365's blanket license and were linking to the live365 page and not a direct link.

Have any non-Live365 casters recieved similar letters?

Scott
http://www.90sandnow.com
 
> BMI has contacted many of the top Live365 Webcasters
> accusing them of not paying royalties and sent a package
> with licensing agreements. All of the stations contacted
> are covered under Live365's blanket license and were linking
> to the live365 page and not a direct link.
>
> Have any non-Live365 casters recieved similar letters?
>
> Scott
> http://www.90sandnow.com
>

I hear the same thing is happening to some of the broadcasters using www.loudcity.net. The owner says not to worry about it if they are linking properly through Loud City.

<P ID="signature">______________
Mike
MOR Memories - Class from the Past
http://www.mormemories.com
































</P>
 
> > BMI has contacted many of the top Live365 Webcasters
> > accusing them of not paying royalties and sent a package
> > with licensing agreements. All of the stations contacted
> > are covered under Live365's blanket license and were
> linking
> > to the live365 page and not a direct link.
> >
> > Have any non-Live365 casters recieved similar letters?
> >
> > Scott
> > http://www.90sandnow.com
> >
>
> I hear the same thing is happening to some of the
> broadcasters using www.loudcity.net. The owner says not to
> worry about it if they are linking properly through Loud
> City.
>

Hmmm, this is starting to smell really bad. Why would BMI target stations that use services that pay royalties. I'm thinking there could be some illegal activity on BMI's part. Need to increase income? Need to show your bosses you've got more webcasters to go legit? Easiest way to do that is send letters to those who are attempting to do the right thing. As soon as I get to the bottom of this I may have caught the music industry in a fraudulent activity. This is the equivelent of buying an RCA TV at Wal-Mart then RCA sends you a bill for the TV. It can not be legal especially if it was done intentionally.
 
> BMI has contacted many of the top Live365 Webcasters
> accusing them of not paying royalties and sent a package
> with licensing agreements. All of the stations contacted
> are covered under Live365's blanket license and were linking
> to the live365 page and not a direct link.
>
> Have any non-Live365 casters recieved similar letters?
>
> Scott
> http://www.90sandnow.com

This is nothing new. At least once a year, various RIAA entities make the rounds of many of the more visible Live365 broadcasters in a scare/extortion attempt. Live365's legal department usually gets involved and tells the offending entity where they can shove it. I haven't kept up on the Live365 broadcasting community as much as I used to, but my best guess is that the response is the same this time around.

It wouldn't surprise me to see such scare tactics employed against users of the other streaming services that have popped up in the last year or two.
 
> > BMI has contacted many of the top Live365 Webcasters
> > accusing them of not paying royalties and sent a package
> > with licensing agreements. All of the stations contacted
> > are covered under Live365's blanket license and were
> linking
> > to the live365 page and not a direct link.
> >
> > Have any non-Live365 casters recieved similar letters?
> >
> > Scott
> > http://www.90sandnow.com
>
> This is nothing new. At least once a year, various RIAA
> entities make the rounds of many of the more visible Live365
> broadcasters in a scare/extortion attempt. Live365's legal
> department usually gets involved and tells the offending
> entity where they can shove it. I haven't kept up on the
> Live365 broadcasting community as much as I used to, but my
> best guess is that the response is the same this time
> around.
>
> It wouldn't surprise me to see such scare tactics employed
> against users of the other streaming services that have
> popped up in the last year or two.
>

They chose the wrong person to mess with if that's the case. I can't really say anything more.
 
> I hear the same thing is happening to some of the
> broadcasters using www.loudcity.net.
>
Yes it is. I got my BMI package in the mail last week. You'd think the people at BMI would check to see who's licensed under one of these blanket licenses before sending out this stuff.
 
"Hmmm, this is starting to smell really bad. Why would BMI target stations that use services that pay royalties. I'm thinking there could be some illegal activity on BMI's part. Need to increase income? Need to show your bosses you've got more webcasters to go legit? Easiest way to do that is send letters to those who are attempting to do the right thing. As soon as I get to the bottom of this I may have caught the music industry in a fraudulent activity. This is the equivelent of buying an RCA TV at Wal-Mart then RCA sends you a bill for the TV. It can not be legal especially if it was done intentionally."

I doubt that it's illegal. It may well be a disreputable way of doing business but that's BMI's M.O. My guess is that it is cheaper and easier to simply send out blanket letters than to learn who is and who is not in compliance.


<P ID="signature">______________
Jerry

"Everyone is entitled to his own opinion, but not his own facts" - late Senator Daniel Patrick Moynihan</P>
 
> "Hmmm, this is starting to smell really bad. Why would BMI
> target stations that use services that pay royalties. I'm
> thinking there could be some illegal activity on BMI's part.
> Need to increase income? Need to show your bosses you've
> got more webcasters to go legit? Easiest way to do that is
> send letters to those who are attempting to do the right
> thing. As soon as I get to the bottom of this I may have
> caught the music industry in a fraudulent activity. This is
> the equivelent of buying an RCA TV at Wal-Mart then RCA
> sends you a bill for the TV. It can not be legal especially
> if it was done intentionally."
>
> I doubt that it's illegal. It may well be a disreputable way
> of doing business but that's BMI's M.O. My guess is that it
> is cheaper and easier to simply send out blanket letters
> than to learn who is and who is not in compliance.
>

Only problem with your theory the letters have only went out to those who are using legal services such as Live365 and Loud City. If it doesn't reach the level of a criminal activity it is definitely tortuous. And from the reported responses given by those who have recieved responses from Live365 BMI has been caught in some lies.
 
"Only problem with your theory the letters have only went out to those who are using legal services such as Live365 and Loud City. If it doesn't reach the level of a criminal activity it is definitely tortuous."

Tort away! And good luck, but my money is on the gangsters.<P ID="signature">______________
Jerry

"Everyone is entitled to his own opinion, but not his own facts" - late Senator Daniel Patrick Moynihan</P>
 
Re: BMI witch hunt - Update

I emailed BMI informing them that I was indeed licensed. They have acknowleged the "error".

"Thank you for your email. You are correct, you do not need to license directly as you are covered under the Loudcity/BMI license. There was an error in sending you the mailing. I apologize for any inconvenience that may have resulted."
 
Re: BMI witch hunt - Update

> I emailed BMI informing them that I was indeed licensed.
> They have acknowleged the "error".
>
> "Thank you for your email. You are correct, you do not need
> to license directly as you are covered under the
> Loudcity/BMI license. There was an error in sending you the
> mailing. I apologize for any inconvenience that may have
> resulted."
>

The Live365 casters got the same appology. Rumour is they are going after Shoutcast next(which is who they should have went after anyway).
 
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