Television Music License Committee


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		Television Music License Committee Handouts Quick Facts The Television Music License Committee represents local full power commercial television stations with respect to music performing rights relations with ASCAP and BMI. For the license period commencing January 1, 2008, there is no industry-wide license with SESAC and no ongoing negotiations between the Committee and SESAC. ASCAP Status The current ASCAP blanket and per program license agreements extend through Dec. 31, 2009. The industry-wide blanket fee for 2008 is $91,980,030. For 2009, the industry blanket fee will be adjusted by the lesser of the change in the CPI or 3%. Fees are reallocated each calendar year of the agreement based on market size, audience size, and the number of stations in each market. The current ASCAP blanket and per program license fees cover the rights to perform ASCAP music as part of the free, over-the-air broadcast transmissions (both analog and digital) and certain Internet transmissions. In June 2006, the TMLC requested a through-to-the viewer license from ASCAP to cover stations' transmission of programming on a video-on-demand basis, and in August 2007, the TMLC requested a through-to-the-viewer license to cover (to the extent not already covered by the current license agreements) all transmissions of "non-network" video programming via the Internet and all other digital platforms. The fees for such additional performances have not yet been determined. BMI Status The interim license period began Jan. 1, 2005 and will continue until final fees are determined. Interim fees for the period retroactive to Jan. 1, 2005 may be subject to adjustment when the TMLC and BMI reach agreement on final fees. If ongoing negotiations for a new license are unsuccessful, final fees may be established in a rate court proceeding. The TMLC has request that BMI performing rights licenses cover, on a through-to-the-viewer basis, all uses of BMI music by local stations on all platforms, whether digital or analog, broadcast or non-broadcast. The interim industry-wide blanket fee for 2008 is $85,558,333.33 The industry-wide interim per program base fee for 2008 is $91,980,030. Interim fees are reallocated each calendar year based on market size, audience size and the number of stations in each market. SESAC Status The previous industry-wide license agreements between the TMLC and SESAC expired on December 31, 2007. The TMLC attempted, but was unable to reach agreement with SESAC on terms of an industry-wide license for 2008, and SESAC is no longer negotiating with the Committee. For the period commencing January 1, 2008, SESAC is offering licenses that were not negotiated with, and have not been recommended by, the TMLC. Each station is responsible for securing its own license from SESAC if it publicly performs SESAC music. 3-4-08 Quick Facts Music on Digital Channels Stations' rights to transmit ASCAP, BMI, and SESAC music over their FCC-assigned digital frequencies vary by performing rights organization. The specific license arrangements with each of the three organizations are described below. ASCAP The current industry-wide ASCAP licenses cover the performance of ASCAP music in any free, over-the-air transmission on a station's digital channels within a station's existing geographic market. These licenses cover multi-casting (i.e., transmission of multiple digital program streams), of time-shifted analog programming and broadcasts of separately produced local programming and programming from third party sources. BMI The local television industry currently operates under interim licenses from BMI. These interim licenses cover the performance of BMI music in any free, over-the-air transmission on a station's digital channels within a station's existing geographic market. Like the current ASCAP licenses, the interim BMI licenses cover multi-casting of time-shifted analog programming and broadcasts of separately produced local programming and programming from third party sources. The interim BMI license requires stations, upon written request from BMI, to file an annual report (a simple one-page questionnaire attached to the license as Exhibit D) in electronic form in October of each year. The TMLC is currently negotiating with BMI for new licenses that will cover transmissions on digital channels (among other platforms) in future years and will set final fees for such transmissions retroactive to January 1, 2005. SESAC The previous industry-wide license arrangements between the TMLC and SESAC expired on December 31, 2007. The TMLC attempted, but was unable to, reach agreement with SESAC on terms of an industry-wide license for 2008, and SESAC is no longer negotiating with the Committee. Each station is responsible for securing its own license from SESAC if it publicly performs SESAC music on its digital channels or otherwise. 3-4-08 Music on Digital Channels Music on Your Website ASCAP • Stations represented by the Television Music License Committee are authorized to perform ASCAP music in connection with all transmissions of "non-network" (i.e., non-ABC, CBS and NBC) video programming via the Internet. • Some performances of ASCAP music on station websites are already covered by the current industry-wide agreement between the TMLC and ASCAP. Covered performances include: live streaming of a station's locally produced and aired programming; retransmissions of locally produced and aired programming; and transmissions of content used primarily to promote the station and/or the exhibition of any program. • In August 2007, the TMLC requested a through-to-the-viewer license to cover all other transmissions of "non-network" video programming via the Internet and all other digital platforms. The fees for such additional performances have not yet been determined. BMI • Stations represented by the Television Music License Committee are also authorized to use BMI music in television programming via the Internet. • Stations have been on an interim license from BMI since January 1, 2005, and final fees for performances of BMI music since that time, including those made on station websites, have yet to be determined. If ongoing negotiations for a new license are unsuccessful, final fees may be established in a rate court proceeding. SESAC • As of January 1, 2008, there is no industry-wide agreement with SESAC concerning the use of SESAC music on TV station websites, and SESAC is not negotiating such an agreement with the Committee at this time. Each station is responsible for securing its own license from SESAC if it publicly performs SESAC music on the internet. 4-2-08 Music Your Website