SESAC, one of the three preformance rights orgizations is currently, and for some time, sending out documents to places that play music (live, radio or CD etc) demanding payment of music licensing fees with the threat of a lawsuit. SESAC's mailings include documents that appear to be bills, to include listing account numbers, invoice numbers, and "total due." However, the documents DO NOT include the required notice under 39 USC 3001 that the mailings are not bills, but an offer of services.in addion, SESAC has admitted that it is sending the mailings out in bulk without any investgiation if the receiving parties are playing SESAC music or required to pay SESAC.in fact, many of the establishments receiving the mailings are excempt from paying such fees as they meet the excemption requirements listed in federal copyright law (refer to 17 USC 110 subsection 5. B. I). SESAC's actions have been infomrally referred to as "legal extoration" as the company threatens lawsuits if music fees are not provided. SESAC has claimed in writting that it is merely protecting its copy rights. However, nothing in the copyright law permits a company to violate mail fraud laws, specfically 39 USC 3001 by sending out bill like documents without the required notice.
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