Colleges and Universities

This Music Performance Agreement is the seventh in a series of agreements between BMI and colleges and universities, dating back to 1978.

Each has been negotiated between BMI and a task force headed by the American Council on Education (ACE) and the National Association of College and University Business Officers (NACUBO). These agreements are considered to be fair and reasonable by both parties.

The term of this latest agreement is five year, beginning July 1, 2002 and ending June 30, 2007. Subsequent contract years automatically renew each July 1. The agreement is offered in two formats (One-tier and Two-tier) designed to fit the specific music performance needs of your university. The agreement provisions are as follows:

One-Tier Option
The One-tier Option benefits colleges that present a large number of musical attractions, and is the administratively simpler of the two agreements. A single annual payment, calculated by multiplying the Per Student Fee times the full-time equivalent (FTE) student enrollment in the fall academic term, covers all performances of BMU music (as listed in paragraph 2 of the agreement) including musical attractions exclusively promoted by the college for each contract year.

Two-Tier Option
The Two-tier Option is for colleges with lower full-time enrollment and fewer musical attractions than larger institutions. This option requires that each musical attraction (that is, those only promoted by the school) be reported separately.

This option consists of a two-part license fee:
(A) The first part is an annual payment, calculated by multiplying the Per Student Fee times the full-time equivalent (FTE) student enrollment in the fall academic term. There is a minimum fee for this option for each contract year.
(B) The second part of the fee structure for the two-tier option is a fee for any musical event presented on the college premises and promoted only the institution itself and where the entertainment costs total $1500 or more. This fee is determined by two factors:
- the seating capacity of the facility; and
- the gross ticket revenues.

Both licensing options require the payment of an annual CPI-adjusted fee. This compulsory fee is charged for each campus radio broadcasting station which does not receive revenue from the sale of air time and which is not licensed under the terms of any license agreement between BMI and NPR.

All campus radio stations under the non-commercial compulsory rate will furnish BMI weekly lists of each station’s performance of all musical works. These lists will include information as to whether or not the station’s performances were transmitted over the Internet. The compositions performed will be indicated by title and composer upon written request by BMI with not less than two weeks notice. Such lists need not be furnished for more than two weeks for each contract year.

Both the one-tier and two-tier licensing options include an additional fee structure to license the college or university in the event that it owns or operates a cable television system on which only locally originated programming is performed. This fee is adjusted by the Consumer Price Index (CPI).

To assist BMI with the distribution of royalties to its affiliated songwriters, composers, and music publishers, BMI may request the college or university to complete forms provided by BMI which list all production music libraries and composers directly hired by the college or university’s cable television system to compose original music for the licensed programming. At BMI’s written request, the college or university will also provide lists of the channel line-up for their cable television systems as of the last day of the year.

On an annual basis, you will be asked to submit an updated Exhibit A to assist BMI in identifying web sites affiliated with your college or university that use music so that BMI will know to exclude them for its routine Internet licensing sales efforts.

The BMI Music Performance Agreement for Colleges and Unversities covers, but is not limited to, live or recorded performances by or at the college or university’s:

• Internet or Intranet sites or services including webcasts of campus radio station broadcasts
• Regular campus radio broadcasts
• Cable TV Systems
• Sporting events
• Student unions
• Fraternities/sororities
• Musical attractions (promoted solely by the college)
• Classrooms
• Fairs
• Festivals
• Fitness centers
• Athletic facilities
• Socials
• College bands
• College theater groups
• College orchestras
• Music-on-hold
• Special events such as orientation and graduation

This license does not include:

• Performances of music via any form of televised transmission, whether over-the-air broadcast, cable, satellite or otherwise;
• Dramatic rights (as defined in paragraph 2 of the agreement);
• Performances of music by a coin-operated phonorecord player (jukebox);
• Musical attractions on campus promoted by outside promoters;
• Musical attractions occurring outside of the premises, except as part of community outreach and educations activities;
• Performances by commercial radio stations

A college orchestra consists primarily of student performers who may be augmented by faculty, staff or other musicians. The orchestra is offered by the institution to further education in music, including training musicians for professional careers or to better their general musical skills. The orchestra staff is employed by the college, which also has ultimate fiscal responsibility for the orchestra. It is governed by the institution, a college-based steering committee or other similar body, and not a separate board of Directors independent from the college.