Statement of Significant Interest
Broadcast Music, Inc. ("BMI") is a music performing rights society, as defined in Section 101 of the Copyright Act, that licenses, on a non-exclusive basis, the public performing right in over 17 million non-dramatic musical works on behalf of its more than 1.1 million affiliated songwriters, composers, and publishers, including thousands of foreign works through BMI's reciprocal licensing agreements with over 90 foreign performing rights organizations. BMI has a direct interest in the subject matter of this proceeding. Public performances of musical works in BMI's repertoire fall within the noncommercial educational broadcasting compulsory license contained in Section 118 of the Copyright Act, 17 U.S.C. Section 118, when they are made by a "public broadcasting entity," as defined in 17 U.S.C. Section 118(f) and that therefore qualifies for the compulsory license. Pursuant to Section 118, for decades rates and terms have been determined by the Copyright Royalty Judges (or their predecessor decision-makers) when voluntary license agreements have not been reached. Moreover, BMI has licensed the Public Broadcasting Service and National Public Radio, as well as hundreds of non-commercial radio stations that are either: (1) qualified by the Corporation for Public Broadcasting to receive federal funding; (2) affiliated with colleges or universities; or (3) other non-commercial radio stations (e.g., religious and community radio stations). BMI will similarly negotiate and license the public performance right to all such entities for public performances made during the 2023-2027 period for which rates and terms will be established in this proceeding. Therefore, BMI has both a financial and legal stake in the outcome of this proceeding. This constitutes a "significant interest" in the proceeding pursuant to 17 U.S.C. Section 803(b)(2)(C). BMI has filed a petition to participate and been an active participant in all prior Section 118 proceedings.
Jennifer T. Criss
Faegre Drinker Biddle & Reath LLP