Antitrust Division
Take notice that the Department of Justice, Antitrust Division, has opened a
review to examine if the Final Judgments in United States v. ASCAP, 41 Civ.
1395 (S.D.N.Y.), and United States v. BMI, Inc., 64 Civ. 3787 (S.D.N.Y.)
("Consent Decrees"), meet their goal of protecting competition. As part of its
review, the Department invites interested persons, including artists,
publishers, licensees, and service providers, to provide the Department with
information or comments. Interested persons should visit:
http://www.justice.gov/atr/cases/ascap-bmi-decree-review.html
to see a more detailed description of the nature of the Department's review and
to submit comments electronically. Comments may also be sent, preferably by
courier or overnight service, to Chief, Litigation III Section, Antitrust
Division, U.S. Department of Justice, 450 5th Street, NW, Suite 4000,
Washington, DC 20001. All comments should be submitted within 60 days of the
date of this notice and will be posted in their entirety for public review at
the website noted above.
Antitrust Division Opens Review of ASCAP and BMI Consent Decrees
The U.S. Department of Justice, Antitrust Division, is responsible for
overseeing the enforcement of the Final Judgments in United States v. ASCAP, 41
Civ. 1395 (S.D.N.Y.), and United States v. BMI, Inc., 64 Civ. 3787 (S.D.N.Y.)
("Consent Decrees"). The Consent Decrees, originally entered in 1941, are the
products of lawsuits brought by the United States against ASCAP and BMI under
Section 1 of the Sherman Act, 15 U.S.C. § 1, to address competitive concerns
arising from the market power each organization acquired through the
aggregation of public performance rights held by their member songwriters and
music publishers. Since their entry in 1941, the Department has periodically
reviewed the operation and effectiveness of the Consent Decrees. Both Consent
Decrees have been amended since their entry. The ASCAP Consent Decree was last
amended in 2001 and the BMI Consent Decree was last amended in 1994.
The Antitrust Division currently is undertaking a review to examine the
operation and effectiveness of the Consent Decrees. The Department understands
that ASCAP, BMI and some other firms in the music industry believe that the
Consent Decrees need to be modified to account for changes in how music is
delivered to and experienced by listeners. The Department's review will explore
whether the Consent Decrees should be modified and, if so, what modifications
would be appropriate.
As part of its review, the Department invites interested persons, including
artists, publishers, licensees, and service providers, to provide the Division
with information or comments relevant to whether the Consent Decrees continue
to protect competition. While Performance Rights Organizations, such as ASCAP
and BMI, monitor for unlicensed uses, enforce copyrights against unlicensed
users, and administer copyright royalties, the Department is most interested in
comments on competitive concerns that arise from the joint licensing of music
by Performance Rights Organizations and the remediation of those concerns.
In particular, the Department requests that the public comment on the following
issues:
* Do the Consent Decrees continue to serve important competitive purposes
today? Why or why not? Are there provisions that are no longer necessary to
protect competition? Are there provisions that are ineffective in protecting
competition?
* What, if any, modifications to the Consent Decrees would enhance competition
and efficiency?
* Do textual differences between the two Consent Decrees adversely affect
competition?
How easy or difficult is it to acquire in a useful format the contents of
ASCAP's or BMI's repertory? How, if at all, does the current degree of
repertory transparency impact competition? Are modifications of the
transparency requirements in the Consent Decrees warranted, and if so, why?
* Should the Consent Decrees be modified to allow rights holders to permit
ASCAP or BMI to license their performance rights to some music users but not
others? If such partial or limited grants of licensing rights to ASCAP and BMI
are allowed, should there be limits on how such grants are structured?
* Should the rate-making function currently performed by the rate court be
changed to a system of mandatory arbitration? What procedures should be
considered to expedite resolution of fee disputes? When should the payment of
interim fees begin and how should they be set?
* Should the Consent Decrees be modified to permit rights holders to grant
ASCAP and BMI rights in addition to “rights of public performance�
All comments should be submitted by electronic mail to
ASCAP-BMI-decree-review@usdoj.gov by [60 days after the notice was published]
and will be posted in their entirety for public review at this web address.
Information that parties wish to keep confidential should not be included in
their comments. Comments may also be sent, preferably by courier or overnight
service, to Chief, Litigation III Section, Antitrust Division, U.S. Department
of Justice, 450 5th Street, NW, Suite 4000, Washington, DC 20001.
Market News and Data brought to you by Benzinga APIs© 2024 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.
Comments
Loading...
Posted In: NewsPress Releases
Benzinga simplifies the market for smarter investing
Trade confidently with insights and alerts from analyst ratings, free reports and breaking news that affects the stocks you care about.
Join Now: Free!
Already a member?Sign in