Definitions of Digital Rights Withdrawn
As of January 1, 2013 the Sony/ATV and EMI catalogs were withdrawn from the BMI repertoire only for certain digital uses. As a result, in some cases the same licensee will have to secure a blanket license for shares of songs represented by BMI and a separate license from Sony and EMI for their respective shares of publicly-performed musical works. Preexisting licenses (“licenses in effect”) which continued beyond January 1, 2013 will include the Sony/ATV repertoire through those licenses’ termination dates for all uses.
In the event that BMI negotiates similar withdrawal terms with other publishers effective upon the termination of their current BMI agreements, we will post the names of these publishers on this page. BMI’s licenses will continue to license all shares of all musical works not withdrawn by publishers for all digital uses (and all uses, other than the defined uses, of the withdrawing publisher’s catalogs).
Publishers who wish to follow similar withdrawal terms will be allowed to modify their existing agreements at the end of their contract or, if they have multiple contracts, at the weighted average term date of all those agreements. In the event that additional publishers withdraw, we will post the names of these publishers on this page (http://www.bmi.com/drw).
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maintain its right to continue to enter into going-forward licenses for all digital uses until the rights are actually withdrawn from BMI’s repertoire.
Summary of Which Rights Are Withdrawn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.
- EMI Music Publishing
- Sony/ATV Music Publishing