June 2008
Dear Songwriter, Composer and Publisher:
As we enter the summer months, I hope you’ve had a chance to make plans to relax and spend some quality time with family and friends.
I’m pleased to report that a recent decision in a performing right rate court case bodes well for our ongoing efforts to bring you maximum value for your works when they are used in the digital media. On April 23, 2008, the judge presiding over a case involving our sister society and appropriate license fees for Internet streaming by AOL, RealNetworks, and Yahoo, issued a ruling favorable to songwriters and music publishers. Although there are some issues that still have to be resolved and while there is still the possibility of an appeal, should the decision become final as it is structured now, all songwriters, composers and music publishers will benefit from it. We’ll continue to keep you updated on any new developments in this area.
As we’ve previously mentioned, the new TV royalty distribution methodology for the ABC, CBS, NBC, and Univision television networks that we detailed last September takes effect with this distribution. By using state-of-the-art technology combined with performance information from the TV Data Corporation and audience measurement data from Nielsen Media Research, BMI will now more closely align its royalty payments with the value that individual programs bring to the networks themselves. For any given performance, the larger the audience for a show, the larger the BMI royalty payment.
This new system is a product of our continuing efforts to offer you the most detailed, accurate royalty information available. Under the system, BMI calculates a unique set of rates for each program, which is based largely on the program’s value relative to all programs airing on an individual network. Royalty rates will vary from quarter to quarter depending on the amount of license fees available for distribution and the overall number of BMI performances each quarter. Detailed information on the methodology can be found in the BMI Royalty Information Brochure, available at bmi.com/rib or by request through your Writer/Publisher Relations office.
From time to time, BMI includes retroactive royalty payments in addition to regularly scheduled quarterly distributions. These retroactive payments most often result from the resolution of negotiations with licensees or the receipt of previously unavailable data. I’m pleased to inform you that this distribution includes retroactive payments from 1999 and 2000 for distant-signal cable television, XM and Sirius residential satellite-radio royalties from 2007, and XM commercial satellite-radio royalties from January 1, 2002 through December 31, 2007.
Also included are retroactive Internet royalties for The WB Online from 2006 and 2007, MSN for 2004 through 2007, Yahoo from 2007, and Disney from 2003 through 2007. Zingy ringtone royalties from the second quarter of 2006 and Verizon Wireless ringback tone royalties from the period October 1, 2004 through December 31, 2007 are also contained in this distribution.
Our congratulations go to Daryl Hall and John Oates, Polow Da Don, Hinder’s Blower, Cody Hanson, Mark King, Michael Rodden and Austin Winkler, Christopher Young, Peter Golub and all those honored at the BMI Pop and Film/TV Awards, held last month in Los Angeles. Congratulations also go to Gustavo Santoalalla, Wisin & Yandel, Espinoza Paz, José A. Sosa and all the honorees at the recent BMI Latin Awards.
Again, I’d like to offer my best wishes for a happy, healthy, relaxing and rewarding summer season.
Sincerely,
Del Bryant
President
Chief Executive Officer
