What if I am streaming or want to stream my local programming on my stations website, is the music in those streamed programs covered by my ASCAP, BMI and SESAC licenses?
Both the BMI and SESAC licenses ended December 31. 2004. In both cases, stations are currently operating under interim licenses that protect them from copyright infringement liability during the interim period, but at least some website transmissions may have to be separately licensed or may be subject to additional fees retroactive to January 1, 2005. Arbitration proceedings with SESAC were concluded at the end of January 2006 and we are currently awaiting a final arbitration decision that will be retroactive to January 1, 2005. SESAC argued that the website performance rights subject to arbitration were limited to those in the current SESAC license. We requested expanded provisions. Stations should be immune from copyright infringement actions during this interim period, however, the final license provisions may include retroactive fees for some website uses and may require separate licensing for others. We are working with BMI to negotiate a final license that will include at least
