Don't Revoke The Music Licensing Antitrust Decrees
By Glenn Manishin ( June 12, 2018, 12:49 PM EDT) -- In August 2016, the U.S. Department of Justice's Antitrust Division announced the end of a second, lengthy review of proposed changes to its antitrust consent decrees with ASCAP and BMI — the two largest music licensing collectives, aka performance rights organizations (PROs) — concluding that "no modifications are warranted at this time." The DOJ had asked for public input on whether the PROs should be permitted to reject "blanket" licenses to all songs in their portfolios or if their music publishing members should be allowed to withdraw. The government explained that "[i]n the decades since the ASCAP and BMI decrees were entered, industry participants have benefited from the 'unplanned, rapid and indemnified access' to the vast repertories of songs" that the decree-mandated licenses make available on nondiscriminatory terms....
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