Scope of Digital Rights Withdrawal
As of the effective dates below, certain catalogs will no longer be licensed by BMI for certain digital uses. As a result, some of our customers will have to secure a blanket license from BMI for shares of songs that we represent and a separate license from withdrawing publishers for their respective shares.
In the event that BMI negotiates similar withdrawal terms with other publishers we will post the names of those publishers on this page as well. BMI’s licenses will continue to license all shares of all musical works not withdrawn by publishers for all digital uses (and all uses, other than the uses specified below, of the withdrawing publisher’s catalogs).
Publishers who wish to withdraw the right to license these digital uses can execute an addendum to their affiliation agreement. The form addendum can be found here: Digital Rights Withdrawal Addendum (pdf).
There are also guidelines to explain the procedures for digital rights withdrawal for your reference, which can be found here: BMI Guidelines for Digital Rights Withdrawal.
Preexisting licenses (“licenses in effect”) will include all repertoire until BMI’s agreement with the licensee expires. Additionally, BMI will maintain its right to continue to enter into going-forward licenses for all digital uses until the rights are actually withdrawn from BMI’s repertoire.
Summary of Which Rights Are Withdrawn
The rights withdrawal affects only certain categories of digital transmissions provided by standalone new media services. Withdrawal is targeted to uses that require the new media service to acquire multiple rights. The withdrawal applies to digital audio transmissions by new media services for which the service is legally required to get a reproduction or mechanical license, or a license for the digital performance of a sound recording (internet radio as defined by Section 114 of the copyright law), in addition to a public performance license. This includes cloud-based music locker services that require mechanical licenses under Section 115. With respect to audio-visual programming, the withdrawal is limited to music videos and to audio visual programs uploaded to a new media service by a third-party end-user, where such uses require a synchronization or mechanical license in addition to a public performance license.
Rights withdrawal does not impact any of BMI’s other licensing activities. It does not affect BMI’s right to license traditional broadcast, cable and satellite transmissions, or their related new media transmissions. BMI continues to have the right to license all other digital uses, even for publishers that have withdrawn from BMI the limited digital rights defined above for new media services.
Effective January 1, 2013
- EMI Music Publishing
- Sony/ATV Music Publishing
Effective January 1, 2014
- BMG Rights Management
- George Johnson Music
- Kobalt Music Group
- Universal Music Publishing Group
- Wixen Music Publishing
(as of October 30, 2013)