HomeMy Public PortalAboutBroadcast Music Inc BMIMusic That Works For You October 17, 2011
Patricia M. Beebe
Crestview, Florida
198 North Wilson Street
Crestview FL 35236
Your Decal Shows That You Support American Music!
Dear Ms. Beebe:
•
Thank you for licensing your use of BMI music and for recognizing the importance of BMI's work in
helping to promote the continued growth of American Music. Our staff is very proud to serve the
music licensing needs of businesses and organizations like yours because our work and the work of
our more than 500,000 affiliated songwriters, composers, and music publishers would not be
possible without your support.
For this reason, I am pleased to enclose an executed copy of your BMI Music License — your official
verification that your business or organization can benefit from BMI's more than 7.5 million musical
works. Our award -winning repertoire includes every style of music created, which ensures that you
will find the right musical fit to create the best atmosphere for your place of business.
I'm also pleased to enclose a BMI decal to display in your establishment or organization to show that
you help contribute to the continuance of American Music by licensing your music use. Again, on
behalf of the entire family of BMI songwriters, composers, and music publishers, thank you for playing
BMI music.
Sincerely,
/f4xf.2.,C2(a
Thomas G. Annastas
Vice President
Licensing
Encl: Executed MPA, BMI Decal, Online One -Sheet
P.S. Did you know that BMI customers can save up to 25% at FedEx, JBL, and Dell?
l• 10 Music Square East, Nashville. Tennessee 37203.4399
BMI and the musk sand symbol are registered tradrnarxs or Broadcast Muds, Inc.
(800) 925.8451 Fax: (615) 401-2624 EXECMPA-4.doc
2284109 10142011 GL MPA
BMI�
Music That Works For You
Patricia M. Beebe
Crestview, Florida
198 North Wilson Street
Crestview FL 35236
Dear Ms. Beebe:
October 17, 2011
RE: CORRECTION TO BMI MUSIC LICENSE
ACCOUNT #: 2284109
I am happy to enclose an executed copy of your BMI Music License. Please note that information has
been corrected on your enclosed license. To signify your acceptance of such correction(s) and your
approval that the information BMI has on record is correct, please review all of the following
information that we have for your account and sign this letter where indicated by the "X". Then kindly
return this letter to BMI within 10 days in the enclosed envelope.
LEGAL NAME: City of Crestview
PREMISES ADDRESS: 198 North Wilson Street
Crestview FL 35236
START/END DATES OF AGREEMENT: 09/01/2011 - 08/31/2012
ANNUAL FEE: $ 309.00
We have made a great effort to confirm this information; however, any concerns you may have re-
garding your updated information can easily be discussed with a BMI representative at (800) 925-8451.
Please note that if we do not hear back from you within thirty (30) days from the date of this
letter, your approval of the correction(s) will be deemed granted, your signature will not be
necessary to make the above -referenced changes to your music profile and/or license, and
you acknowledge and agree that BMI may adjust your fee accordingly based on this updated
profile. The adjustment to your fee may be reflected on your next invoice.
Additionally, we have enclosed information about BMI along with a decal for you to display, letting
your customers know that you support the writers of the music they enjoy. If you have any questions,
please call us. On behalf of BMI's songwriters, composers, and music publishers, thank you.
Sincerely,
C
Jack Flynn
Executive Director
Licensing Key Accounts
End: Executed MPA, Online One -Sheet, Decal, BRE
X
Customer Signature Date
10 Music square East, Nashville, Tennessee 37203-4399 (800) 925-8451 Fax: (815) 401-2624 CORRMPA-2.dac
BMI end tee musk Mend symbol ere registered Undemrke al &oednn Musk, Inc.
BMT
Invoice & Remittance Ad Vice
Account Number:
2284109
Billing Number
21687664
Billing Date:
02-NOV-2011
Total mount Due;
u SD
0.00
Arnouunt Enclosed:
Remember do not send correspondence with this payment
Mail correspondence to 10 Music Square East, Nashville, TN 37203
ri Check here and note
new address on reverse side.
Patricia Beebe
Crestview, Florida
198 North Wilson Street
Crestview FL 35236
BMI
2284109216876640000000000013 PO Box 630893
Cincinnati OH 45263-0893
Please return the above portion with your payment
Questions?: (800) 925-8451
Pagel of 2
Bitting Humber
21687664
Beginning Balance
$0.00
Billed and *gusted
$309.00
Paymerrts
$(309.00)
Ending Balance
$0.00
Date
Type ] Transaction #
i Description
i
Amount Due fin USD)
Account# 2284109
Crestview, Florida
198 North Wilson Street Crestview FL 35236
14-OCT-2011 INV 7235697
Estimated Fee 09/01/2011 - 08/31/2012
$309.00
05-OCT-2011 PMT 2571 NBBT Check
$(309.00)
If you are billed quarterly or semi-annually and your payment is 90 days past due, the unpaid balance of your Annual Fee is now due in full.
BMI customers have the following on-line features:
Manage your account online using the account and billing numbers appearing on the top of this invoice at: www.bmi.com/Ige. Make a payment at:
www.bmi.com/payments. In addition to American Express, MasterCard and VISA, we now accept payments from BOTH business and personal
checking accounts.
Recently held a Special Event with gross revenues in excess of $25,000 or more? These events should be reported within 90 days as outlined in your
BMI Local Government Entities License agreement. Please contact your BMI representative at 877-264-2137 to request a report form.
Connect with additional savings for your business at: www.bmi.com/jbl - www.bmi.com/dell - www.bmi.com/fedex.
Broadcast Music Inc. 10 Music Square East Nashville, TN 37203-4399
Page 2 of 2
Account number
Contact name
Company name
Address 1
Address 2
City
State
Phone Number
Email
Signature
Fax Number
Profile Details
Printed name
Date
Music Profile tnformatiun tor: 09101/2011-08/31{2D12 I Invoice Nutter: 7235697
SMi is currently billing you en estimated amount based on the most recent critetie provided esioltows:
198 North Wilson Street Crestview, FL
35236
Profile Details
Fee Estimate
Annual Fee
Base License Fee
309.00
309.00
Population
19868
Broadcast Music Inc. 10 Music Square East Nashville, TN 37203-4399
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r e g i s t e r e d t r a d e m a r k s o f B r o a d c a s t M u s k , I n c .
2011 RATE SCHEDULE FOR LOCAL GOVERNMENTS
SCHEDULE A
Check Population
Range (4)
LICENSEE's Population
Base License Fee
Enter Fee Based Upon
Population
1 - 50,000
$309
$309
50,001 - 75,000
$615
75,001 - 100,000
$740
100,001 - 125,000
$986
■
125,001 - 150,000
$1,233
150,001 - 200,000
$1,603
200,001 - 250,000
$1,972
250,001 - 300,000
$2,344
300,001 - 350,000
$2,713
350,001 - 400,000
$3,085
■
400,001 - 450,000
$3,454
■
450,001 - 500,000
$3,824
❑
500,001 - plus
$5,187 plus $500 for every
100.000 population increment
or portion thereof above
500.000 up to a maximum
annual fee of $61.663
If 500,901 or more, enter population
SCHEDULE A FEE
$ 36O 0
SCHEDULE B
Special Events Fee
(to be reported 90 days after each event', see Par. 13(d))
The rate for Special Events shall be 1% of Gross Revenue.
•
"Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of
limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Events exceeds $25,000.00
•
"Gross Revenue" means all monies received by LICENSEE or on LICENSEES behalf from the sale of tickets for each Special Event.
If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from the sponsors or other payments received
by LICENSEE for each Special Event.
SCHEDULE B FEE
BMI will provide a report
' form to report your events'
SCHEDULE C
State Municipal and/or County Leagues or State Associations of Attomeys
(to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys)
The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues, or stale associations of
municipal and/or county attorneys shall be 5309.00. No Special Events fee applies to LICENSEES qualifying under this schedule.
SCHEDULE C FEE
$ 3 oq . O d
13. REPORTING
(a) Upon the execution of this Agreement, LICENSEE shall submit:
(i) a report stating LICENSEESs population based on the most recent published U.S. Census data. The population set forth in the
report shall be used to calculate the Base License Fee under this Agreement; and
(ii) a report containing the information set forth in Paragraph 13 (d) below for all Special Events that were presented between the
effective date of this Agreement and the execution of this Agreement.
(b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented
between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this
Agreement.
(c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal dale of this Agreement and shall
be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year.
(d) Ninety (90) days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a
report in printed or computer readable form stating:
(i) the date presented;
(ii) the name of the attraction(s) appearing;
(iii) the "Gross Revenue" of the event (as defined above);
(iv) the license fee due for each Special Event.
September21, 2011 2284109
Page 3 of 4
Bmr
Music License for Local Governmental Entities
1. DEFINITIONS
(a) LICENSEE shall include the named entity and any of its constituent bodies, departments, agencies or leagues.
(b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not
limited to, community centers, parks, swimming pools, and skating rinks owned and/or operated by LICENSEE and any site which
has been engaged by LICENSEE for use by LICENSEE.
(c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at
the Premises, including, but not limited to (1) compact disc, audio record or audio tape players (but not including "jukeboxes"); (2)
videotape, videodisc or DVD players; (3) music performed as an accompaniment to karaoke; (4) the reception and communication
at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the
Copyright Law; or (5) a music -on -hold telephone system operated by LICENSEE at the Premises.
(d) Live Entertainment means music that is performed at the Premises by musicians, singers and/or other performers.
(e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-affiliated
foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI
has the right to license non -dramatic public performances.
(f) Events and Functions means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as
set forth in Paragraph 2 (d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes,
athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of, or
sponsored or promoted by, LICENSEE on the Premises.
Special Events means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of
limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event exceeds
$25, 000.
2. BMI GRANT
(a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the live and/or recorded public
performance on the "Premises" and at "Events" and "Functions", and not elsewhere or otherwise, non -dramatic renditions of the
separate musical compositions in the "BMI Repertoire". The performances licensed under this Agreement may be by means of
"Live Entertainment" or "Recorded Music".
(b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or
otherwise, of renditions of musical compositions in BMI's Repertoire to persons outside of the Premises, other than by means of a
music -on -hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music
(such as Muzak) or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right
to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by
means of teleconferencing, videoconferencing or similar technology.
(c) This license is limited to non -dramatic performances, and does not authorize any dramatic performances. For purposes of this
Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a "dramatico-musical
work" (as hereinafter defined) in its entirety; (2) performance of one or more musical compositions from a "dramatico-musical work"
(as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which
the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether accompanied or
unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; and (4) performance of a concert version of
a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in the Agreement, shall include,
but not be limited to, a musical comedy, opera, play with music, revue, or ballet.
(d) This license does not authorize performances: (1) at any convention, exposition, trade show, conference, congress, industrial show
or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices
of LICENSEE, is presented entirely on LICENSEE's Premises, and is not open to the general public; (2) by or at colleges and
universities; (3) at any professional sports events or game played on the Premises; (4) at any permanently situated theme or
amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin
operated jukebox.
3. REVIEW OF STATEMENTS AND / OR ACCOUNTINGS
(a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee.
(b) BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the books and
records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider
all data and information coming to its attention as a result of any such examination of books and records as completely confidential.
(c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population
figures provided by the U. S. Census Department.
(g)
Page 1 of 4
4. LATE PAYMENT AND SERVIi_ _ HA S
BMI may impose a late payment charge of one and one-half
percent (1%%) per month, or the maximum rate permitted by
law, whichever is less, from the date payment is due on any
payment that is received by BMI more than thirty (30) days after
the due date. BMI may impose a $25.00 service charge for each
unpaid check, draft or other means of payment LICENSEE
submits to BMI.
5. BMI COMMITMENT TO CUSTOMER / INDEMNITY
So long as LICENSEE is not in default or breach of this
Agreement, BMI agrees to indemnify, save harmless, and defend
LICENSEE and its officers, and employees, from and against
any and all claims, demands, or suits that may be made or
brought against them with respect to the performance of any
musical works which is licensed under this Agreement at the time
of performance. LICENSEE agrees to give BMI immediate
notice of any such claim, demand, or suit, to deliver to BMI any
papers pertaining thereto, and to cooperate with BMI with
respect thereto, and BMI shall have full charge of the defense of
any such claim, demand, or suit.
6. BREACH OR DEFAULT / WAIVER
Upon any breach or default of the terms and conditions
contained herein, BMI shall have the right to cancel this
Agreement if such breach or default continues for thirty (30) days
after LICENSEES receipt of written notice thereof. The right to
cancel granted to BMI shall be in addition to any and all other
remedies which BMI may have. No waiver by BMI of full
performance of this Agreement by LICENSEE in any one or
more instances shall be deemed a waiver of the right to require
full and complete performance of this Agreement thereafter or of
the right to cancel this Agreement with the terms of this
Faragraph.
7. CANCELLATION OF ENTIRE CATEGORY
BMI shall have the right to cancel the Agreement along with the
simultaneous cancellation of the Agreements of all other
licensees of the same class and category as LICENSEE, as of
the end of any month during the Term, upon sixty (60) days
advance written notice.
S. ASSIGNMENT
This license is not assignable or transferable by operation of law
or otherwise. This license does not authorize LICENSEE to
grant to others any right to perform publicly in any manner any of
the musical compositions licensed under this Agreement, nor
does it authorize any public performances at any of the Premises
in any manner except as expressly herein provided.
9. ARBITRATION
All disputes of any kind, nature, or description arising in
connection with the terms and conditions of this Agreement,
except for matters within the jurisdiction of the BMI Rate Court,
shall be submitted to the American Arbitration Association in the
City, County, and State of New York, for arbitration under its then
prevailing arbitration rules. The arbitrator(s) to be selected as
follows: Each of the parties shall, by written notice to the other,
have the right to appoint one arbitrator. If, within ten (10) days
following the giving of such notice by one party, the other shall
not, by written notice, appoint another arbitrator, the first
arbitrator shall be the sole arbitrator. If two arbitrators are so
appointed, they ...all appoint a third arbitrator. If ten (10) days
elapse after the appointment of the second arbitrator and the two
arbitrators are unable to agree upon a third arbitrator, then either
party may, in writing, request the American Arbitration
Association to appoint the third arbitrator. The award made in
the arbitration shall be binding and conclusive on the parties and
judgment may be, but not need be, entered in any court having
jurisdiction. Such award shall include the fixing of the costs,
expenses, and attorneys' fees of arbitration, which shall be borne
by the unsuccessful party.
10. NOTICES
Any notice under this Agreement will be in writing and deemed
given upon mailing when sent by ordinary first-class U.S. mail to
the party intended, at its mailing address stated, or any other
address which either party may designate. Any such notice sent
to BMI shall be to the attention of the Vice President, Licensing
Department at 10 Music Square East, Nashville, TN 37203. Any
such notice sent to LICENSEE shall be to the attention of the
person signing the Agreement on LICENSEE' behalf or such
person as LICENSEE may advise BMI in writing.
11. MISCELLANEOUS
The fact that any provisions are found by a court of competent
jurisdiction to be void or unenforceable will not affect the validity
or enforceability of any other provisions. This Agreement
constitutes the entire understanding between the parties and
cannot be waived or added to or modified orally and no waiver,
addition and modification shall be valid unless in writing and
signed by both parties.
12.
(a)
Page 2 of 4
FEES
In consideration of the license granted herein, LICENSEE
agrees to pay BMI a license fee which includes the total of
the "Base License Fee" and any applicable "Special Events
License Fees", all of which shall be calculated in accordance
with the Rate Schedule on Page 3. For purposes of this
Agreement,
(i) "Base License Fee" means the annual fee due in
accordance with Schedule A of the Rate Schedule and
based on LICENSEE' population as established in the
most recent published U.S. Census data. It does not
include any fees due for Special Events.
(ii) "Special Events License Fees" means the amount due
in accordance with Schedule B of the Rate Schedule
when Special Events are presented by or on behalf of
LICENSEE. It does not include any Base License Fee
due.
(iii) LICENSEES who are legally organized as state
municipal and/or county leagues or state associations of
municipal and/or county attorneys shall be required to
pay only the fee under the Schedule C of the Rate
Schedule. Such leagues or associations are not subject
to Schedule A or Schedule B of the Rate Schedule.
Fees paid by such leagues or associations do not cover
performances of the municipality, county, or other local
government entity represented by the league or
association. Schedule C fees are not applicable to
municipal, county or other govemment entities.
BMI�
NOTICE REGARDING FLORIuA ACT
RELATING TO COPYRIGHTS
Under Section 501.93 of the Florida Statutes, Broadcast Music, Inc. (BMI) is recognized as a performing
rights organization that licenses the public performance of non -dramatic musical works on behalf of copyright
owners pursuant to the United States Copyright Law.
As the proprietor of a business in the State of Florida where music is publicly performed, you are required
to obtain authorization from the copyright owners of that music in order for your performances to be legal.
BMI represents more than 475,000 songwriters, composers and music publishers ("affiliates") and more than
6.5 million musical works. For a single annual fee, a BMI Music Performance Agreement will authorize you to
legally perform at your place of business all of the musical works in the BMI repertoire created and owned by
our affiliates, and you will avoid the necessity of having to contact each one individually to obtain permission.
In connection with our offering you a Music Performance Agreement, please be advised of the following:
THE BMI MUSIC PERFORMANCE AGREEMENT
• The BMI Music Performance Agreement is the contract that describes the rates and terms of royalties
required to be paid by you to BMI for authorization to perform the music which we license.
• The schedule of rates and their basis for calculation can be found within the Music Performance
Agreement under the heading License Fee Schedule.
• The Music Performance Agreement, including the schedule of rates and terms of royalties, which BMI
has offered you is the same agreement BMI offers throughout the United States for your class and category
of music use. Please read the Agreement carefully and call us at the toll -free number which appears on the
enclosed letter if you have any questions. BMI complies with federal law and orders of courts having
appropriate jurisdiction over rates and terms of royalties and the circumstances under which licenses for
rights of public performance are offered to any proprietor. If you would like a copy of each form license
agreement which BMI offers to proprietors in Florida, please write to the address below.
ACCESS TO AFFILIATE AND REPERTOIRE LIST
Using a PC and a modem, you can electronically access the most current list of the affiliates we represent
and the works in our repertoire which are licensed under your Music Performance Agreement. You should
log onto the Internet and access the Repertoire section of the bmi.com domain on the World Wide Web. Our
URL address is http://www.bmi.com. Access to the Internet can be obtained through many commercial on-
line services, as well as from specialized Internet access providers, often for the cost of a local telephone call.
If you have questions about any song title or affiliate listing that you locate on our Internet domain, please call
1-800-800-9313 for assistance.
In addition to on-line access, a list of works in the BMI repertoire as of the last printing also is available in
book form or on CD-ROM. To obtain a copy in either of those forms, please remit your check or money order
in the indicated amount payable to BMI at the address below, with a letter specifying which you desire. The
cost is as follows (prices include shipping and handling):
(a) Printed list, 17-20 volumes, $1,200
(b) CD-ROM version, 1 disk, $25
For the most current information about any affiliate or work listed in print or on CD-ROM, you should
access our Internet domain or call 1-800-800-9313.
Please be advised that you are entitled to the foregoing information, and that BMI's failure to provide it to
you is unlawful.
Your BMI Music Performance Agreement authorizes you to publicly perform only those works licensed by
BMI. Because some of the music which is likely to be performed at your place of business may not be
licensed by BMI, you are encouraged to contact other performing rights organizations or the copyright owners
of the individual works in order to obtain authorization to perform those copyrighted musical compositions not
covered by your BMI Music Performance Agreement.
Florida
LL-07/09-21
BROADCAST MUSIC, INC.
Attn: Marketing/Fulfillment
10 Music Square East
Nashville, TN 37203
BMI and the music stand symbol are registered
trademarks of Broadcast Music, Inc.
'tTAI
BMI
Music That Works For You
David Cadle
Crestview, Florida
198 North Wilson Street
Crestview FL 35236
Dear Mr. Cadle:
www.bmi.comilge
Username: 2284109
Password: 791251
September 20, 2011
It's impossible to have only one.
%
I understand that you have a license, or are considering obtaining a license with another performing
right organization. That's a great decision because the law requires licensing all of the music you play
in your business. That's why you need a BMI License, too. If you don't license with BMI, here's the
music you can't play:
.52% of all GRAMMY Award winners are BMI writers
71 % of all Country Music Association Award winners are BMI writers
84% of all R&B Foundation Pioneer Honorees are BMI writers
70% of all Rock & Roll Hall of Fame inductees are BMI writers
In addition: 58% of the 2010 Latin GRAMMY Award winners are BMI writers
To obtain a BMI license online, please go to the web address located in the upper right hand
corner of this letter, click "Apply for a License" and enter your Username & Password. Many
trade associations have discount programs with BMI. Contact your association to see if you qualify
for a discount.
For more information, please call BMI at (888) 689-5264 or email licensing@bmi.com.
Encl: LGE1 MPA, BRE
2284109//Premises State: FL
Sincerely,
Lawrence E. Stevens
Assistant Vice President
General Licensing
iv
" 10 Music Square East, Nashville, Tennessee 37203-4399
BMI and the music stand symbol are registered trademarks of Broadcast Music, Inc.
(888)689-5264
Fax: (615)401-2624 ECOBPRO-3.doc
"
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