Global Music Rights Sues Vermont Broadcast Associates Over Performance License Infringement

[Colorado Media Newsroom]

From Radio Insight:

Global Music Rights has announced it has filed a multi-million dollar lawsuit against Lyndonville VT based Vermont Broadcast Associates for “the station group?s repeated and willful infringement of copyrighted songs licensed by GMR”.
The Bruce James led company owns seven stations in northeastern Vermont. GMR states, “Prior to filing the lawsuit, GMR repeatedly offered a license to VBA. When GMR received no response, GMR sent a cease-and-desist letter to VBA. VBA blatantly ignored the license offers and cease-and-desist letter and continued to knowingly play popular songs by GMR?s clients without a license. GMR?s outside counsel, O?Melveny & Myers, subsequently sent VBA infringement notices. VBA took no action to stop performing the GMR songs, settle its prior infringements, or enter into a license with GMR. Left with no other recourse, GMR filed a copyright infringement lawsuit against VBA this week to protect the rights of GMR?s songwriters and composers.”

Global Music Rights (?GMR?), the boutique performing rights organization that represents the works of preeminent songwriters and composers, has filed a lawsuit against Vermont Broadcast Associates (?VBA?) for the station group?s repeated and willful infringement of copyrighted songs licensed by GMR. GMR has identified over 1,600 instances of willful infringement by VBA.
In 2016, the U.S. radio industry?s licensing entity, the Radio Music License Committee (the ?RMLC?), filed litigation against GMR. VBA is a member of the RMLC. In response, GMR sued the RMLC. In 2022, GMR and RMLC settled these litigations. As part of the settlement, GMR offered a long-term license to all U.S. radio stations, including VBA, on agreed-upon terms. The vast majority of RMLC-represented stations accepted the GMR license in order to lawfully perform songs in the GMR catalog. VBA ignored GMR?s communications and chose not to enter into a GMR license but continued to brazenly perform songs controlled by GMR. VBA has attempted to reap the benefits of playing songs its audiences love, including selling advertising and generating revenue for its privately held company, without bothering to seek a license or pay for that privilege.
Prior to filing the lawsuit, GMR repeatedly offered a license to VBA. When GMR received no response, GMR sent a cease-and-desist letter to VBA. VBA blatantly ignored the license offers and cease-and-desist letter and continued to knowingly play popular songs by GMR?s clients without a license. GMR?s outside counsel, O?Melveny & Myers, subsequently sent VBA infringement notices. VBA took no action to stop performing the GMR songs, settle its prior infringements, or enter into a license with GMR. Left with no other recourse, GMR filed a copyright infringement lawsuit against VBA this week to protect the rights of GMR?s songwriters and composers.
GMR?s General Counsel, Emio Zizza, commented, ?While we only turn to litigation as a last resort, it is long established U.S. law that GMR?s clients? copyrighted works cannot be publicly performed without a license. All the radio stations that have entered into a GMR license and are paying their fees deserve the benefit of that license. Station groups who don?t want to pay for a GMR license are not entitled to play GMR?s immensely popular catalog of songs, depriving creators of their due.?

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