Copyright Office Commences an Inquiry into the Proliferation of Performing Rights Organizations – Looking at the Complexity of Licensing Musical Works in the United States

By |2025-02-13T11:23:28-06:00February 13th, 2025|Legal News|

In the United States, performing rights in musical compositions (or “musical works” as the Copyright Act refers to them – the words and music of a song) are generally licensed by a “performing rights organization” or a “PRO.”  The U.S., unlike most countries where there is a single organization that collects these royalites, has multiple... Continue Reading…

 An Overview of the Hot Policy Topics in Music Licensing

By |2023-01-26T10:11:37-06:00January 26th, 2023|Legal News|

Royalties paid for the use of music by broadcasters and digital media companies, and other issues about music rights, can be an incredibly dense subject, with nuances that can be overlooked.  I participated in a CLE webinar earlier this week, sponsored by the Federal Communications Bar Association, where we tried to demystify some of the... Continue Reading…

DOJ Ends its Review of ASCAP and BMI Consent Decrees – For Now…What Does it Mean?

By |2021-01-20T11:08:42-06:00January 20th, 2021|Legal News|

In 2019, the Antitrust Division of the US Department of Justice began a review of the court-administered antitrust consent decrees that have bound ASCAP and BMI since the 1940s.  We wrote about the issues in their review here.  The formal review of these decrees began as part of the DOJ’s broader review of its antitrust... Continue Reading…

DOJ Ends its Review of ASCAP and BMI Consent Decrees – For Now…What Does it Mean?

By |2021-01-20T11:08:42-06:00January 20th, 2021|Legal News|

In 2019, the Antitrust Division of the US Department of Justice began a review of the court-administered antitrust consent decrees that have bound ASCAP and BMI since the 1940s.  We wrote about the issues in their review here.  The formal review of these decrees began as part of the DOJ’s broader review of its antitrust... Continue Reading…

ASCAP and BMI Consent Decrees Under Review – How Performing Rights Organizations, Antitrust Policy and Statutory Licenses Could Create a Controversy

By |2019-03-07T08:22:03-06:00March 7th, 2019|Legal News|

In the last few weeks, the press has been buzzing with speculation that the Department of Justice is moving toward suggesting changes in the antitrust consent decrees that govern the operations of ASCAP and BMI.  Those consent decrees, which have been in place since the 1940s, among other things require that these Performing Rights Organizations...… Continue Reading

Court of Appeals Upholds BMI Decision Allowing Fractional Music Licensing – What Are the Issues?

By |2017-12-20T11:22:11-06:00December 20th, 2017|Legal News|

Yesterday, the US Court of Appeals for the Second Circuit in a “Summary Order” that the Court said does “not have precedential effect,” upheld an even briefer decision of the US District Court Judge who oversees the BMI antitrust consent decree, determining that the Department of Justice’s was wrong in its interpretation of the consent...… Continue Reading

Copyright Office Issues its Report on Music Licensing – Issues Include Broadcast Performance Royalties, Publisher Withdrawals from ASCAP and BMI, and Pre-1972 Sound Recordings

By |2015-02-08T11:45:58-06:00February 8th, 2015|Legal News|

The Copyright Office this past week released its Report following its study of music licensing in the US; a comprehensive report addressing a number of very controversial issues concerning music rights and royalties.  Whether its release during the week of the Grammy Awards was a coincidence or not, the report itself, which takes positions on … Continue Reading

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