> Dear All,
>
> I play my lute regularly at a local restaurant, music from before 1650
> exclusively.  The owners have been contacted by BMI and were told that
> they need a license.

Not a lawyer, but reading the FAQ on the BMI website I note that they
admit there are other licensing agencies, each of which represents
particular composers & performers; J Dowland is NOT one of those.

BMI admits they are not alone, you only need a license from BMI for
material registered to BMI for collection of fees.  This includes
_performances_ of renaissance material by the Kings Singers, PoD, Piffaro,
and other modern groups, even tho the music being performed is in the
public domain; see the small print on CD and LP.  Note that the
embellishments and arrangements are covered by that.  Somebody at BMI may
be confused or overly zealous, a letter from a lawyer may be needed to
reassure the proprietor and sort out BMI.

Pretty sure that the burden of proof is on BMI to demonstrate you are
performing licensed material ..., I suspect a charge of harassment could
well be made from the letter alone.
--
Dana Emery



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