The US Department of Justice (DoJ) has appealed against a decision made in September by a New York federal judge that performing rights organisation Broadcast Music Inc (BMI) may use “fractional licensing”.
Mike O’Neill, president and CEO of BMI, said that the organisation was not surprised by the decision to file an appeal. “It is unfortunate that the DOJ continues to fight for an interpretation of BMI’s consent decree that is at odds with hundreds of thousands of songwriters and composers, the country’s two largest performing rights organisations, numerous publishers and members of the music community, members of Congress, a US governor, the US Copyright Office and, in Judge Stanton, a federal judge,” he said.
Source: US DoJ appeals fractional licensing copyright case
The Radio Music Licensing Committee (RMLC) commented today (7/22), writing, “The Department of Justice, after lengthy and thorough review, decides that ASCAP and BMI consent decrees should not be altered, as they continue to serve as a vital check against ASCAP’s and BMI’s anticompetitive market power.”
While the DOJ decision isn’t official — yet — THE RMLC noted, “after years of investigation into possible additional modifications to the decrees, the Division concluded that the decrees are not outdated, because the threat posed by ASCAP’s and BMI’s aggregated market power is as real today as it ever was. The Division agreed with licensees that ASCAP and BMI continue to wield sufficient market power requiring the continued application of the consent decrees and oversight of the Department of Justice.”
Source: Broadcasters Support Anticipated Government Conclusions In Antitrust Review Of ASCAP …