Hello,
A while back, I became aware that my institution - Berklee College of Music - has a BMI University license. We also have a similar license from ASCAP. Berklee obtained this license primarily to provide licensing cover for the many performances that take place on the Berklee campus (we average more than 2000 per year!). However, when I obtained a copy of the license I was surprised to see that the coverage seems to go quite a bit beyond live performances. Of particular interest, it appears that this license would provide a broad right to use recorded music in the classroom and, potentially, in a range of other educational/pedagogical situations. Here is the overall grant of rights clause:
“BMI hereby grants to LICENSEE for the Term of this Agreement a non-exclusive license to perform or cause the public performance by live or recorded means at LICENSEE’s Premises or by means of Internet Transmissions or Intranet Transmissions in the Territory all of the musical works to which BMI shall have the right to grant public performance licenses, including, but not limited to performances by or at sporting events, student unions, classrooms, fraternities/sororities, socials, college theater groups, fairs/festivals, college orchestras, Musical Attractions, fitness centers, athletic facilities, student bands, Campus Radio Broadcasting Stations, special events such as orientation and graduation, “music-on-hold” (as that term is commonly understood) through LICENSEE’s telephone system(s) at the Premises to persons connected to the Premises by telephone, LICENSEE’s Web Site(s), including webcasts of Campus Radio Broadcasting Stations, and LICENSEE’s Cable Television System, with respect to Locally Originated Programming only.”
I called BMI to inquire if my interpretation of the license was correct. Specifically I asked if the license would cover such things as in-classroom and out-of-classroom (e.g. Library-eReserves or LMS-hosted) streaming of recorded music such as commercially released CDs. The account rep I spoke to said yes - and that indeed these were exactly the sort of uses that the license was intended to cover.
I plan to have our General Counsel weigh in on this license to see if she agrees, but I was curious if any other institutions represented on this list a) have this license and b) have interpreted it to cover these kinds of uses?
You can find the full text of the license here:
Thanks,
Heather
Heather Reid
Dean, Library & Learning Resources
Berklee College of Music