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APPENDIX BMI



June 2, 2001

Craig M. Stamm
Director, General Licensing
Broadcast Music, Inc.
10 Music Square East
Nashville, Tennessee 37203-4399

Dear Mr. Stamm,

I am in receipt of your letter dated May 16, 2001, stating that a
BMI license is required if Irish music is to be performed at
Schemmy's Restaurant.  I am their only musician, and all inquiries
should henceforth be directed to me.

Most of my repertoire consists of original material copyrighted in
my name through the Library of Congress, without the assistance of
ASCAP, BMI or SESAC.  All the rest of my repertoire consists of
music that is traditional and therefore in the public domain.  I do
not perform "cover tunes," from Ireland or elsewhere, and therefore
no license is required.

BMI did not "bring their music" to the United States.  Traditional
music was brought here from the old country by the settlers
themselves.  It is overreaching to assert that "whatever music you
perform to benefit your business, its public performance requires a
license."  BMI does not own my original compositions or my
arrangements of traditional music.  It is beyond my comprehension
how BMI could propose to deliver royalties to the authors, or to the
descendants of authors, of traditional music.  The authors are unknown.

If you have objections, please name the songs that you believe are
not traditional, and I will show that they are.  Unless and until I
hear from you in writing, I shall assume that you will not oppose or
interfere with the performance of original or traditional music.

Truly,


Richard Hayes Phillips
4 Fisher Street
Canton, NY 13617


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