HomeMy WebLinkAboutMusic Performance Agreement with BMI for Music Services
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November 7,2006
Tammy deWeerd
City of Meridian Idaho
33 E Idaho St
Meridian 10 83642
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RE: CORRECTION TO BMI MUSIC PERFORMANCE AGREEMENT
ACCOUNT#: 1425132
Dear Ms. deWeerd:
I am pleased to enclose an executed copy of your BMIMusic Performance Agreement. In order to verify the
information that was corrected on your enclosed agreement, please review all of the following information that
we have for your account and sign this letter where indicated by the "X" to signify approval that this information
is correct. Then kindly return this letter to BMI within 10 days in the enclosed envelope.
LEGAL NAME: City of Meridian Idaho
"DOING BUSINESS AS" (DBA) NAME: City of Meridian Idaho
START/END DATES OF AGREEMENT: 10/01/2006 - 09/30/2007
ANNUAL FEE: $' 504.00
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Also enclosed is a copy of our brochure "A Quick Guide to Services", This brochure is filled with information
about your license and includes a detailed guide to help you understand your invoice. In additiQl1, there is a BMI
decal for you to display, letting your customers know that you support the writers of the music they enjoy.
On behalf of BMl's songwriters, composers, and music publishers, thank you. If you have any questions, please
contact our Customer.Service Department toll-free at (877) 264-2137 .
Sincerely,
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Jack Flynn
Senior Director
General Licensing
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Date
Ene/: Exeeute'MPA, Customer Service Brochure, Decal, BRE
I" 10 Music Sq- East. Na~hy;ne. TenNi$Sii8 37203-4399
BIoII ~ "'" miiSi<: I1inl $'fllIbol... .UWcs ~~ <if B~ Mllsic, loc.
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(877) 264-2137
F.x: (615)401-2895
CORR.M.PA.dOC
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BHr
Music
Performance
Agreement
LOCAL GOVERNMENTAL
ENTITIES
I LGE I
L1-05/12-LGE I
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1. DEFINITIONS
(a) LICENSEE shall include the named entity and any of its constituent bodiell, departments, agencies or leagues.
(b) Premises means bUildings, hospitals, airports, zoo_, museums, athletic faciities, and IIIlCRJ8tional faciU.s, including. but not
limited to, community Cint~rs, parks, swirrming pools, a~ skatil;1g rinks owtled a~/or operated by LICENSEE and any site \ttIich
has been eng~.d by LICENSEE for use by LICENSEE.
(c) Recorded Music ~ans music which is JIIIrformed at t~ Premises by means other than by live musicians who are performing at
the Premises, including, but not Gited to (1) comp.:t di&c, audio record or audio tape players (but not incllldill!l "jukeboxes"); (2)
videotape, videodisc or DVD players; (3) music performed as an ae<*npaniment to karaoke; (4) the receptilDn and corrvnunication
6t tlfe' ph!/nisi!S of I'IId~ or television transmissions Ylhich originate out!9lde the Premises, and which are not exe~t urtder the
ClIpyright Law; or (5) a music-on-hold telephWle system operated by LICENSEE at too Premises,
(d) Live En.l1IIlnment means music that ill ~rformed at the Premisell by musicians, singers and/or other pl!lrfoll1"ers,
(e) BIIII Repertoire mean. all1 copyrighted mullical compositions written and/or pIIIblished by BMI affiliaiiS or membws of BMI-affiliated
foreign performing rights societie!, ind~ing compositions written or published during the Term of this Agrllement allld of which SUI
has the right to license non-drama. public performances,
(f) Evants and Functions means any activity co~ucted, sponsored, or present~ by or under the auspi~ of LICENSEE. ExC@pt as
set forth in Paragrapfl 2 (d) belOIt.', "EvfJl1ts" and "Fur.ctions" shall include, but are not liniwd to, aerobics and exercise classes,
athletic events, dances aoo other social e-.il!nts, concerts, festivals, arts and crafts fai~, and parad~ held under the ausl'ices of, or
sponsored or promoted by, LICENSEE on the Prllmises,
(g) Special EVl!lnts means musical events, concerts, Ihows, pagean., slXIrting events, itstivale, competitions, and other even. of
limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Elo@ht ex~81
$25,000.
2. BMI GRANT
(a) BMI grants _rod LICENSEE accepts a non-excluaive, Iice~ to IWirform, present or cause the live and/or ri(:orded public
performance on the "Premises" and at "Ev(l!nts" ar'ttl "Fundions", and not elsewhere or otherwise, non-dramatic rer<<Jitions of the
separate musical compositions in the "BMI Repertoire". The performances licensed under this Agr'eem'ent may be by means of
"live Entertainmenr or "Recorded Music".
(b) This license does not authorize (1) the broadcalting, ttll~sting or transmission or retransmi9lion by wire, Internet, web site or
otherwise, of renditions of musical CQlT1positions in BMI's Repertoire to persons outsi~ of t~ Premises, other than by mt!anS of a
music-on-holi t.phone system operated by LICENSEE at the Premises; and (2) performancel by means of background music
(such as Muzak) or other services rJ,elivered to the Premises. NothilJl9 in this Parajraph shalll:le deemed to limit LICENSEE'! right
to transmit renditions of musical comp>ositi""s in the B..,' Repertoi,.,to those who attend Events 01 Functions on the PremiStil by
means of teleconferencing, videoconferencing or similar technology.
(c) This license is limited to non-dramatic performances, and does not auth~e any dramatic performances, For purposes of this
Agreement, a dramatic performance shall inclwe, but not iii: limi~ to, niSi following: (1) ~rformance of a "dramatico.musical
work" (as hereinafter definld) in its entirety; (2) performance of one or more musical compositions from a'"dramatico-musical work"
(as hcreina~r ~fined) accompanied by dialogue, pantonWle, dance, lftage action, or visual representation of th(l! ......rk from wt1ich
tl'Je music is taken; (3) performance of one or more musical COIl'lpositions as part of a story or plot, whether accompared or
un;fCcompanied by dialogue, pant~ime, danCl!!, stage action, or visualll!Jlfe'$entation; and (4) performance of a conC8rt version of
a "dramatico-mus~al work" (as helleinafter defined). The term "dramatico-musical work" as used in the Ag~t, shall include,
but (\Ot bl!ll~it!d to, a mu!9lcal comedy, opera, play with music, revue, or ballet.
(d) This license does not authorize performances: (1) at any convention, exposinon, trade sh.-.v, confel'lll'lCII, congress, i~ustrial show
or similar activity presented by LICENSEE or on tile Premises unless it is presented or sporl$ofell soli!ly by and u[\der the auspices
of LICENSEE, is p~en_ entirl!lly cJf1 LICENSEE's Premises, aoo is not open to the general public; (2) by or at colleges and
univel1litiell; (3) at any proffssional sports events or ga~ played on the Premises; (4) at any permanently situared theme or
amllRment park own.d or operated by LICENSEE; (5) by any .ymphony or community orchestra; and (6) by meant of a coin
operated jukebox.
3. REVIEW OF STATEMENTS AND / OR ACCOUNTINGS
(a) 8MI shall have the right to require such reall:lnable data nece.ary in ...der to ascertain the Annual license' Fee.
(b) BMl !hall ha... the right, by its authorized representatives. at any time during customary bulil'1lRll hours, to examine the books and
records of account of LICENSEE to sudl extent as may be necessary to verify tie staterlJ(lnts made hereunder. BMI shall con~er
all data and information coming to its attention as a result of any alch examination of books and records ~ completely conidential.
(c) BMI shall ha~ the right to adjust LICENSEE's Annual Ligense Fee basl!d upon tht} most recently available revis!d pGpulatltln
figures provided by the: U. S. Census Department.
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8_ LATE PAYMENT AND SERVICE CHARGES
BMI may tnpose a late paynlR;lnt charge of one and one-half
percent (1 ~%) per month, or the maximum rate ~rmitted by
law, whichever is Iess,idrom the date payment is due on any
payment that is received by BMI more than thirty (30) days dffer
the due date. BMI maYI impose a $25.09 service charge for each
unpaid check, draft or other means of payrrfent LICENSEE
submits to B~1.
5. BMI CO.MITMENT TO CUSTOM,ER , INDEMNITY
So long as LICENSEE is not in default or breach of this
p,greemint. Bleil agrees to indemnify, save harmless, alKl defend
LICENSEE and its o~rs, and employees, from and against
any and all claims, d'emands, or suits that may t:w made or
brought against them with f8l1pect to the. performance of any
musical wor1<s which is licensed under this Agreement at the ~me
of performance. LICENSEE agrees to giv. BAil I ,i'nmediate
notice of any such cla~, demand, or suit, to deliver to BMI any
par;wrs pertaining thereto, and to coOjll!rate v.ith 8M1 with
respect thereto, and BMI shall have full charge of the defense of
any such claim, cdtmarlf.l, or suit.
6. BREACH OR DEFAULT /WAIVER
Upon any breach or default of the terms and ClJnditions
contained herein, BMI shall have the Ilght ro cancel this
Agreement if SlD1 breach or default continlles for thirty (10) days
after LICENSEE's receipt of written !Eltice thereof. T~ right to
cancel grant.-d to BMI 'shall be. in addition to any and afI other
reddies which BMI may have, No waiver by BMI of full
performance of this Agreement by LICENSEE in any Olle or
more instances shall be deemed a waiver of the ri~ht to require
flJ) and complete performance of this Agreement thereafter or of
the r1!lht to cancel this Agl'ft~nt with the terms of this
Paragraph.
7. CANCELLATION OF ENTIRE CATEGORY
8MI shall have the right to cancel the Agreement along with the
simultaneous cancellation of the Ag~m~nt! of all other
Hcensees of the ~m.. class and category aI LICENSEE, as of
the end of any month during the Term, upon sixty (60) days
advance written notict:
8, ASSIGNMENT
This license II not ass'nable or transfe,able by o~ration of law
or otherwise, This lit:ense does not authorize LICENSEE to
want to othell5 any right to perform pUblicly in any manner any of
the musiial compositions licensed under this Agreement. nor
does it authoriza any public perfo."..nces at any of the Premises
in any manner except as expressly herein provid~d.
9. ARBITRATION
All dlaputes of any kirW, nature, or description arising in
connection with the telTTll and conditions of this Agreement,
except for matters within the juriidiction of the BIIIII Rate Court,
shall be submitted to the American AilIitration ~C9Ciation in the
City, County, a~ State of NewYor1<, for arbitration under itt then
p~vailing artlitration rules. The arbitrator(s) to be selected as
fqllows: El!lch of the parties ~all, by ~tten notice to the other,
hav~ the riGht to appoint one arbitrator, If, WlIhin ten (10) days
follllwing the giving of such notice by onl' party, t!:'le other shall
not, by written notice, appoint anot~r Irtljrator, the first
arbitrator shall be the sole arbitrator. If two arbitrators are so
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ap~inted, they shall appoint a third arbitrator. If ten (10) days
elapse after the appoint""nt of th! second arbitrator and th~ Me
l!lrbitrators are unable to agree upon a third arbitrator, then lIIIither
party may, in writing, requellt too American Arbit,.trc,n
Associatbn to aliPoint the third arbitrator. The award made in
the arbitrawm shall be binding and conclusive on the parties and
judgment may be, but not ne~ be, entered in any court having
jurisdiction. Such award .shall incluie the fixing of the costs,
expenses, and attorneys' Mes of arbitration, wtIIth shaR, be borne
by the unsuccessful party.
10. NOTICES
Any notice untJer this'Agreemsnt will be in writi1ll!:l and deemed
given upon maa:ifi9 when sent by ordinary first-class U,S. mail to
the party intended, at its maili~ addre. stated, or any oth.-
add~ss vfhich I!ither party may designate. Any such notice sent
to BMI shall .. to the attention of the Vice Presdent, General
licensing Department at 10 Music Square East, Nashville, TN
37203. Any llUch notice sent to LICENSEE shill be to the
attention of the person fgning t~ Agreement on LICENSEE's
behalf or such ~raon a. LICENSEE may aIlvise 8M1 in lMiting.
11. ,MISCELLANEOUS
The fact that any provis~ns are found b,. a court of colflpMl'nt
jurisdiction to tte vQ,id or unenforceable will not affect ttw vcftdity
or enforceability of any other provisions. This Agre~ent
constitutes the entire understandi"!J betWeen the parties and
cannot be waived or added to (If' modikj orally and no waiver,
addition aPltl modification shall tie valid unle~s in writil'lg and
signed by both parties.
12_ FEES
(a) In COI'1sid~rat~n of th~ I~n!f&' grant~ herein, LICENSEE
ag_ to pay BMI a license fee wbich includes the total of
the 'BaS1l Lice:na Fee" and any applicable "Special Events
License Fees", all of\amich ~all be calculatwl in accordance
with the Rate Schedule on Page 3. For purposes of this
Agreement,
(i) "Base Ucense Fee" means the annual fee due ill
accordance with Schedule A of the Rate SchE!';luIe
ard based on LICENSEE's population as I!Istablislwd
in ttwJ: most recent pu\!lllished U,S. Census data. It
does not incld any reD due for Special Events.
(ii) "Special Events License Fees!'meaos'the amount d~
in accordance with Schedul9 B of the Rate Schettute
l.Wlen Special Events are presented by or on behalf of
LICENSEE. It doe! not include any Base License
Fee due.
(iii) LICENSEES vWlO ar. IIlgally organized as state
municipal and/or county leagues or- state associations
of municipal andior county attorneys shall be requirellll
to pay Ii(Ily the fee uFilQQr the S~dule C of the Rate
Schedule, Such :leagues or assllCiations are not
su~ct to ScI1eduR A or Schedu~ B of the Rate
Schedui.. FIlM pal by such I_gue. or MSociati9ns
do not cover peiiormancel of the municipa~, county,.
or other local government entity reprellnled by the
lea~~ or _sodation, Schedule C fees are not
aRPlicabe to municipal, county or other goverwnent
entitie.
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2006 RATE SCHEDULE FOR LOCAL GOVERNMENTS
SCHEDULE A
ChKk Popul2tion LICENSEE'.~ Population BM Llcen's'e Fee Entlr Fee Based UP'ln
R.nga (..J) Populltion
1 - 50.000 1280
,x. I' 50 001 - 75.000 $560 :r~L^.oa
75.001 - 100.000 5672
100,001 - 125,000 $897
125,001 - 1S0,lklQ $1.121
150,001 - 200 000 $1 457
200,001 - ..-: 250,000 $1,793
250,(Jl)1 - 300,~0 52,131
.- 300,001 350,000 $2,467
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350,001 - 400.000 $2.803
- 400 001 - 450 000 $3139
450 00 1 . 500.~ ~3 476
500,(Jl) 1 - plus S4.2eO flkJl $lJOOofor every 100.000
If Seu.OO1 or mor!!', enter population pOp,",ion i~.or ptI\Iljn
tM~ illxlve 500,000 lIP to '.
muilaJm _11II11. CIf S5I,OS4
SCHEDULE A FEE , ~"O.OD
SCHEDULE B N/A
SpecIal Even. Fee
(to be reported 90 days after elch event*, see Par, 13(d))
The ra~ for Special EvenfSl!itJill ~ 1~of GrdSIR~venu~.
. "SptYclal Events" mearl! musical events, conc&rts, sho~, pag\!lants, 'portirJI :~etIfS, fMtivaJS. competition'. and otlter 'evtnts of
limited duration presented by LICENSEE for which tljjl"GroY:! Ri1.inu'- of IUch Special Evente excelds S25,I)OO.
. "Gro.. Revenu." mealll all monies reQElved by LICENSEE oc on L1CENSEE's behalf from the sa.1e of ticketl for l!'ach S~cial Event.
If there a.. no monies from the sal8 of ticket.. "Gross Reven~ shall mean contributions from t'- Ipo~ors or oth... pa)Wllrlts received
by LICENSEE for each Special Event. ".
I SCHEDULE B FEE I 8"" will p'ovlrlrf:~
form to rFon your II'VtnU"
SCHEDULE C N /A
State 'Municipal and/or County Leagues or State AsSociatlo~ of Attorney.
(to be completed if you are a State Municipal and/or County Leagues or State As-soclations of Attorneys)
The~n.nuallanse fee fQl' LICENSEES who ar.~aIy or~i~ed a $.t. municipal aootor counly,lea~-:e~' or Itate a~ations of
munli1pal andtor county 8ttorney~ shall be $280.00. No SpeCIal Events fee appl~s to LICENSEES qualifying under thiS sch8tiule.
I SCHEDULE C FEE I-
13. REPORTING ~ -n.e .zOO~YOfLl\a-h~_tf~~fVr
(a) Upon the execution ofthis Agreement, LICENSEE shall submit: \. i\1e City" Meyi~(~ is ~2) 2.'tO.
(i) a report stating LICENSEE's population based On the ~st r~oent publial1ed U.S. Census data, The populalll:ln set forth in the
report sha.1Ie UEd to calculate the BaM License Fee under this Allreenwnt; and
(ii) a report containing the" information set forth in Paragraph 13 (d) below for all Special Events that ....ere presented beM8tn th.
effective date of thil Agreement and the execution of this AgrelWTlent.
(b) The Base. Licen_ Fee for the first year of this Agreement and any license fees due for Special EVWlts that were presented
~tween the effective date of this Agreer11l:lnt and the execution of this Agr~nt shall be payable upon the 'execution of thi.
Ag~ent.
(c) Bllli! License Fees for sub!l!quent year1 shall be due and payable \4Ithin 30 da)'!fof the renewal date of this Aireement and shall
be'accompanied by a statement confirmillG whether any Special Events were presented during the previous calendar year.
(d) Ninlty (\10) days after the conclusion of each Special Event. LICENSEE ihall submit to BMI payment for such Sp!cial Event and a
r.piIlrtin printed or computer readabl. form stating:
(i) the date presented;
(ii) the name of t~ altractiOn(s) appearing;
(iii) the "Gross Revenue" of the event (as defined above);
(iv) the Iicense1ff:! due for each StEcial Event.
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(e) If LICENSEE presents. sponsors (lII' promotes a Special Event that is reportable ul)(1er Rate Sch~duli! B with another person or
entity licens<<:l ul1ier a B~r LicenE Agreement, LICENSEE shall indicate the name, address. phone number and BIIII account
number of the other person(s) or entity(iMs) and the party responsible for pay_nt for such Special Event. If the ot~r party is not
licensed by B"I, LICENSEE shall pay the license fee dt:le hereunder, notwithstanding any agreement to the contrary between
LICENSEE and tl1e othl!r party.
(f) LICENSEE agrees to fumish to BM!, wh!t!= availabfe, copies of all I"Ograms of musical works ",,"orm!d. which afe prepared for
distJOOutign to the audience or for the use or information of LICENSEE or any department thefeof. The programs'shalkinclude aU
encores to the extent possible. LICENSEE shall be under no obligation to fumish programs ~n rney havl not !jelln otherMse
prepared.
14. RATE ADJUSTMENTS I LICENSE FEE FOR YEAR 2006 AND THEREAFTER
For eash calerWar year commencing 2007, all dollar figuri!S set forth in ScHetlul~jS'A, 8 and C (except thi!' $500 add-on for populations
of 500,001 or more) shall' 1M: the license fee for the precediDg calendar year, adjusted in accordance with the increMe in the Consumer
Price In.x - All Urban C~sumi!!r! (CPI-U)) between the preceding Oct0a6r and the next preceding Octobt!r, rourwled to the nearest
dollar. Any additionallicel'lle fees due resulting from the CPI adjustment shall be payable upon b~ling by BWI.
15. TERM OF AGREEMENT
This Agr.ment shall be for an initial Term of one (1) year, commencing ~obcr I, 2.006 ,which shall be considered the
effective date of this Agreenaent, and continUing thereafter for additional terms of one (1) year each. Either party may give no~ of
terminatiClll to the: other no later than thirty (30) days plior to the ellld of the initial or any renewal term. If euch notice i. given, the
Agreement shall terminate on the last day of the Term in whith notice is given.
~GRE~ENT iCOV 0 6 2.006
AGREEMENT. made at New York, N,Y. on (Date will be -,.red by BMI ~ fJXe&Ution) llliWe8ll BROADCAST MUSIC, INC.,
a SEte of Net.I Ycxk corpCllatiOll with its prinaip. offices at 320 Wl5t 57 Street, tIIIrN York. N,Y. 10019 (lwKeinafter -eM I; WId tlle~al oc:,tracfe ",me.
desaibed bIIow arG referred to Iberea'llel."L1CENSEE" (the "Agreement;. ThNl AgreementlEludel aU of tile terms iKld cmdilionSll8t flW1h hereil.
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PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: BfII, 10 MUSIC SQUARE EAST, NASHVILLE, TN 37203
ENTER LEGAL NAME: ", LICENSED PREMISES
CiwnC_Mt:t'J:i;a~,ld~~.w~ 3~ eas\- ~alt1o ;1".a~ a" Cityfad'iffe~
~n.~.llI'ln _ (SI~A<ldIltUI -
~ev-,c:ii2V\ It> 83~2...
(Oty) (~1It (ZI/fI
208.~~~1$o, ~8"ee'" -972.$
(T~__ ~ (F>o.,.,.".,
Mid1el~ AIbe1l'~n Pan"'ed2t
(CDfI(Kt N."'t/ ~ (/iff) ~
iI'be.rt~m ~meridia~ire o('~ '
t........u). ~
MAILING ADDRESS
(If dItftr{Jrt Ir~ LllttnlMl P"""lQAddrhlit
~aW\e) ---
(sr~ N!dlft!)
ENTER TRADE NAME:
~.~e-.
(lloiog ___rN _..
CHECK APPROPRIATE BOX AIID COMPLETE
o Individual ~ner,hill
o LLC 0 Corporation
(~~. ~oMroro/iilllllm~ Pr"""1J
o LLP 0 Partneflhip
~ om&r MU\1idp""ty
FilldTaxlD' 82.-'OOO~%~
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(Slilr _.. of piIlntfs)
(Fi.~
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(Em!f IlfilJre..1
TO BE COMPLETED BY AN AUTHORIZED
REPRESENTATIVE OF LICENSEE
FOR ADMINISTRATIVE USE ONLY
TO BE COMPLETED BY Briln
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\ Thomas .0. Annastas, Vice PreSWent
~,~~. ~?t...0~,
Si!ll'lattl'ie ~
74/Y1;n, de/t/~lrJ
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November!,2006
Tammy deWeerd
City of Meridian Idaho
33 E Idaho St
Meridian ID 83642
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Dear Ms. deWeerd:
The enclosed letter from BMI songwriter Vince Gill expresses the gratitude that all of us feel here at
8M!. Our staff is very proud of the contribution we make toward the continued growth of American
Music. We are proud to serve the music licensing needs of businesses because ourwork and the
work of our more than 300,000 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 6.5 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've also enclosed a BMI decal to display in your establishment or organization and a copy of our
customer service brochure "A Quick Guide To Services," This guide provides phone numbers for you
to call for your specific business type. It also answers many questions regarding the licensing
process, such as reporting, invoicing, and renewing your license.
.~
Again, on behalf of the entire family of 8MI songwriters, composers, and music publishers, thank you
for playing 8MI music.
:o!".~"r;.'~
Sincerely,
14~rJ(rki
Thomas G. Annastas
Vice President
General Licensing
Encl: Executed MPA, 8MI Decal, Customer Service BrOChure, Leiter From Vince ONl
I...' 10 Music 5qu~ East, NaShVille; ~enrie5See 37203-4399 . ~, ,
BMI._ N,mUSlC _ -ymbol"""lJISt- ~ cI BR*fcjIIl MuslC, .1llCl.
. 1425132 11062006 .
(877) 264-2137
Fax: (615) 401-2895
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