GMR Files Suit Against VBA

• Global Music Rights (GMR), one of four U.S.-based performing rights organizations representing songwriters and composers for the public performance of their works, announced it has filed a lawsuit against Vermont Broadcast Associates (VBA) — a group of seven radio stations based in Vermont — for what is says is “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.”

Now, some backstory, as provided by GMR: “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.”

GMR’s release continues: “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.”