ESPN won’t be the first to take issue with BMI, Broadcast Music, Inc., over their music licensing and royalty collection terms for public performance of music in their artist catalogs. BMI is one of two major professional organizations managing performance royalty rates for musicians and their works, the other being ASCAP, the American Society of Composers, Authors and Publishers with catalogs of thousands of artists and songs. Think you can simply play your iTunes downloaded music in your workplace without a license? Think again. We have addressed this topic before as many a business owners has received the unpleasant demand letter for licensing fees under either BMI, ASCAP, or the smaller performance rights organization called SESAC, originally the “Society of European Stage Authors and Composers”. Now, however, ESPN is forging a battle in the music industry competition referred to as rate-setting and contending that BMI’s rates are disproportionate to EPSN’s payments to performers and publishers and are, therefore, unreasonable. In fact, ESPN has asked the Court to weigh in on this one.