In the meantime, I am enclosing a copy of a letter we will be mailing to some liquor licensees in a few western states early next year. As you can see, we have clarified that the recipient needs to sign a license only if music is used on his or her premises. Hopefully this will eliminate calls to your office. I have also enclosed a copy of the questionnaire mentioned in the letter.

Once again, I thank you for your input and look forward to a BMI/NLBA group agreement in the near future.

Sincerely,

Michal Batl

Michael Bath

Manager, Industry Relations

encls.

APPENDIX 4.-SUPPORTING DOCUMENT INDEX OF DISPUTE BETWEEN THE AMERICAN CHORAL DIRECTORS ASSOCIATION (ACDA) AND THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP) AND BROADCAST MUSIC, INC. (BMI)

Dispute between

The American Choral Directors Association (ACDA) and the American Society of
Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI)

Under the United States Copyright Law, public performances
of copyrighted musical works, including performances of music
during a convention, industrial show or trade show, require a
license from the copyright owners of the musical works
performed, or their representative.

Since 1914, we, the American Society of Composers, Authors and Publishers (ASCAP), have licensed the right to perform the copyrighted musical compositions of our members -- the creators and owners of the great bulk of America's favorite music.

We are pleased to offer you an ASCAP license which would authorize you to perform any of the hundreds of thousands of songs in the ASCAP repertory at all of your shows. As the organizer of the show, it is your legal responsibility to obtain these rights. By signing an ASCAP license, you will be licensed for the non-dramatic performances of all the copyrighted musical works in our repertory, including performances at show-sponsored events such as banquets and, by the exhibitors during your show.

If you wish, you may obtain an indivudual license directly
from each copyright owner whose works you perform. However, an
ASCAP license enables you to perform all works of all ASCAP
members, as well as music in the repertories of affiliated
foreign performing rights societies. Tens of thousands of music
users have considered the alternatives, and chosen ASCAP
licenses. By doing so, they know that they will not be
violating the Copyright Law, even unintentionally.

To tell you more about ASCAP, we are enclosing a brochure which contains important information about ASCAP and your rights. We are also enclosing ASCAP's License Agreement for Conventions, Industrial Shows and Trade Shows, note that the agreement specifies a daily rate for music use, applicable only for those days on which music is performed along with a supply of report forms.

If you desire our license, please sign both copies of the agreement and return them with completed reports and payment. Upon receipt, an executed copy of the agreement will be returned to you for your records.

If you have any questions, please contact us. We hope your shows will be successful, and that ASCAP music will contribute to that success.

Sincerely,

L Ba Knittel

L. BARRY KNITTEL

LBK/th

Enc.

We understand that you are presenting concerts containing copyrighted musical compositions to the public.

As a general matter, under the United States Copyright Law, copyrighted musical works cannot lawfully be performed publicly without permission of the copyright owner. Public performances given without permission are infringements of copyright. The necessary permission, in the form of a license, may be obtained directly from the copyright owner, or from their representative,

such as ASCAP.

Enclosed you will find a reprint of an article recently featured in VOICE, the official publication of CHORUS AMERICA. As illustrated by this article, the administration and board of CHORUS AMERICA feel strongly that their membership comply with the copyright law, so that the rights of composers and publishers are protected.

In that regard, ASCAP is pleased to offer two forms of license agreements to you: 1) A Blanket Concert Agreement which calls for advance payment of license fees for all concerts and recitals; provides 20% discounts when you present 25 or more concerts or recitals in a year or pay in advance for 100 or more concerts or recitals; and required submission of copies of musical programs ONLY if they are otherwise available; and 2) A Per Concert License Agreement which requires advance payment of license fees for those concerts or recitals at which ASCAP music is performed, at per-event rates substantially higher than the Blanket Agreement's rates; does not provide for discounts; and requires submission of programs for ALL concerts and recitals whether otherwise prepared or not.

ASCAP Building. One Lincoln Plaza. New York, NY. 10023 Area Code (212) 595-3050
Cable Address: ASCAP, New York TWX7105812084