GMR Sues Vermont Radio Station Owner Over Unpaid Royalties

An owner of seven radio stations serving the northern tips of Vermont and New Hampshire has been sued by the “boutique” performing rights organization founded in 2013 by recording industry veteran Irving Azoff, on the grounds that it repeatedly and willfully played songs some 1,600 times without a license.

Global Music Rights, which represents a variety of songwriters and composers, filed the lawsuit against Vermont Broadcast Associates, which owns WMOO-FM 92.1 in Derby Center, Vt.; WKXH-FM 105.5 in St. Johnsbury, Vt.; WIKE-AM 1490 in Newport, Vt. and simulcast partner WMTK-FM 106.3 “The Notch” in Littleton, N.H.; WSTJ-AM 1340 in St. Johnsbury, Vt.; WGMT-FM 97.7 in Lyndon, Vt. (serving St. Johnsbury); and WJJZ-FM 94.5 in Irasburg, Vt., serving Newport.

GMR believes it has identified more than 1,600 instances of willful infringement by VBA, which happens to be a Radio Music License Committee member. RMLC Executive Director Bill Velez told RBR+TVBR via e-mail on Friday afternoon that the culpability falls on the licensee, in this case VBA.

“My response applies equally to ASCAP, BMI, SESAC, as well as GMR: A radio operator should know that in order to perform music lawfully, a performance license covering the particular music is required,” Velez said. “The burden is on the radio operator to comply with the law.”

Velez added that he’s unsure if there are particular circumstances here that would differentiate the GMR lawsuit from one instigated by one of the other PROs. “There is no free lunch when it comes to utilizing another’s intellectual property in unauthorized way,” he said.

A call to Vermont Broadcast Associates’ main phone number yielded a general voicemail box.

As GMR points out, the RMLC in 2016 filed litigation against GMR, leading to a lawsuit against RMLC from GMR. All of the legal wrangling was finally settled in 2022. As part of that settlement, GMR offered a long-term license to all U.S. radio stations, including Vermont Broadcast Associates, on agreed-upon terms.

GMR notes that the “vast majority” of RMLC-represented stations accepted the GMR license in order to lawfully perform songs in the GMR catalog. But, GMR claims VBA “ignored” GMR’s communications and chose not to enter into a GMR license while continuing to play songs controlled by GMR on its stations.

“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 claims.

GMR also claims that VBA has ignored a cease-and-desist letter, and repeated offers from GMR for a license.

GMR is represented by O’Melveny & Myers, as outside counsel, assisting in-house General Counsel Emio Zizza. He said, “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.”