This document provides comments from the Music Innovation Consumers (MIC) Coalition in response to the U.S. Department of Justice's request for comment on the future of the ASCAP and BMI consent decrees. The MIC Coalition represents millions of businesses that publicly perform music. The consent decrees provide important protections that ensure music can be licensed at fair prices and prevent anticompetitive behavior by ASCAP and BMI. The consent decrees have helped address anticompetitive coordination between ASCAP/BMI and music publishers. Terminating or weakening the consent decrees could encourage monopolistic pricing and harm small businesses. The MIC Coalition urges maintaining the current protections in the consent decrees.
The Music Innovation Consumers Coalition (MIC) submitted comments opposing any modifications to the consent decrees governing ASCAP and BMI. MIC members collectively spend over $1 billion annually licensing music performance rights and rely on the decrees to ensure reasonable licensing terms. COVID-19 has severely impacted MIC members like restaurants, hotels, broadcasters, and movie theaters, causing billions in losses. Modifying the decrees could eliminate protections against anticompetitive behavior and add uncertainty as MIC members struggle with pandemic impacts, making recovery more difficult. The decrees have allowed businesses to innovate and expand music offerings to generate greater revenue, and the current market is functioning well.
The MIC Coalition, representing over 2.5 million American businesses, wrote a letter to President Trump urging him to take no action that would modify, sunset, or terminate the consent decrees covering how music is licensed by the songwriter industry groups ASCAP and BMI. The letter notes that the consent decrees provide for efficient, fair licensing of music that is critical to businesses and the music marketplace. Ending or altering the consent decrees could significantly harm "Main Street" businesses and disrupt the music industry. The Coalition asks that the Administration preserve the ASCAP and BMI consent decrees in their current form.
The MIC Coalition, representing thousands of businesses that provide music, wrote to President Biden to express concerns about potential reviews of consent decrees with ASCAP and BMI. The decrees prevent anti-competitive pricing by the organizations, which control 90% of the music licensing market. Repeated reviews are unnecessary and could undermine the economic recovery of businesses struggling from the pandemic by exposing them to higher prices. The coalition asked that the decrees remain in place to best serve competition.
Federal laws and regulations intended to detect criminal activity have made it difficult for legal cannabis businesses to obtain banking services, despite operating legally under state laws. This creates public safety issues as businesses deal in large amounts of cash. In response, federal guidance was issued in 2014 by the DOJ and FinCEN clarifying how financial institutions can serve cannabis businesses in compliance with priorities focused on preventing diversion, criminal enterprises, and other issues. However, most banks remain hesitant due to money laundering statutes and obligations to monitor customers. Bipartisan legislation has been introduced to provide a safe harbor for banks working with legal cannabis businesses.
The National Consumers League is calling on legislators to adopt pro-consumer legislation that could slow the rising cost of cable and satellite television bills. The FANS Act, sponsored by U.S. Senator Richard Blumenthal (D-CT), would condition professional sports leagues’ antitrust exemptions on agreements to reduce programming blackouts and increase opportunities for fans to access sports over the Internet.
Insurance Billionaire Admits Proposition 33 Aims To Raise Rates on DriversSualk00
Prop 33 would allow insurance companies like Mercury Insurance to raise rates on drivers who have gaps in their insurance coverage, even for good reasons. The billionaire funding Prop 33 acknowledged this, saying it would allow him to "charge new people the proper rate", which is much higher than current rates. If passed, Prop 33 would make insurance harder to get for many Californians and expose claims in its advertising as false. Voters should listen to the funder admitting it would raise rates, rather than misleading ads about rewarding safe drivers.
This document summarizes an article from 1974 about the profits and rates of the American Telephone & Telegraph Company (AT&T). Some key points:
- In 1972, AT&T reported record profits of $2.53 billion, more than any other US or world corporation at the time.
- AT&T was seeking rate increases totaling nearly $2 billion per year to maintain rising profits. Phone rates and fees were predicted to rise substantially.
- State public utility commissions tasked with regulating phone rates were understaffed and often favored AT&T, allowing high rates and profits.
- In California, the state Supreme Court overturned a $143 million rate increase for Pacific Telephone and ordered a
The Music Innovation Consumers Coalition (MIC) submitted comments opposing any modifications to the consent decrees governing ASCAP and BMI. MIC members collectively spend over $1 billion annually licensing music performance rights and rely on the decrees to ensure reasonable licensing terms. COVID-19 has severely impacted MIC members like restaurants, hotels, broadcasters, and movie theaters, causing billions in losses. Modifying the decrees could eliminate protections against anticompetitive behavior and add uncertainty as MIC members struggle with pandemic impacts, making recovery more difficult. The decrees have allowed businesses to innovate and expand music offerings to generate greater revenue, and the current market is functioning well.
The MIC Coalition, representing over 2.5 million American businesses, wrote a letter to President Trump urging him to take no action that would modify, sunset, or terminate the consent decrees covering how music is licensed by the songwriter industry groups ASCAP and BMI. The letter notes that the consent decrees provide for efficient, fair licensing of music that is critical to businesses and the music marketplace. Ending or altering the consent decrees could significantly harm "Main Street" businesses and disrupt the music industry. The Coalition asks that the Administration preserve the ASCAP and BMI consent decrees in their current form.
The MIC Coalition, representing thousands of businesses that provide music, wrote to President Biden to express concerns about potential reviews of consent decrees with ASCAP and BMI. The decrees prevent anti-competitive pricing by the organizations, which control 90% of the music licensing market. Repeated reviews are unnecessary and could undermine the economic recovery of businesses struggling from the pandemic by exposing them to higher prices. The coalition asked that the decrees remain in place to best serve competition.
Federal laws and regulations intended to detect criminal activity have made it difficult for legal cannabis businesses to obtain banking services, despite operating legally under state laws. This creates public safety issues as businesses deal in large amounts of cash. In response, federal guidance was issued in 2014 by the DOJ and FinCEN clarifying how financial institutions can serve cannabis businesses in compliance with priorities focused on preventing diversion, criminal enterprises, and other issues. However, most banks remain hesitant due to money laundering statutes and obligations to monitor customers. Bipartisan legislation has been introduced to provide a safe harbor for banks working with legal cannabis businesses.
The National Consumers League is calling on legislators to adopt pro-consumer legislation that could slow the rising cost of cable and satellite television bills. The FANS Act, sponsored by U.S. Senator Richard Blumenthal (D-CT), would condition professional sports leagues’ antitrust exemptions on agreements to reduce programming blackouts and increase opportunities for fans to access sports over the Internet.
Insurance Billionaire Admits Proposition 33 Aims To Raise Rates on DriversSualk00
Prop 33 would allow insurance companies like Mercury Insurance to raise rates on drivers who have gaps in their insurance coverage, even for good reasons. The billionaire funding Prop 33 acknowledged this, saying it would allow him to "charge new people the proper rate", which is much higher than current rates. If passed, Prop 33 would make insurance harder to get for many Californians and expose claims in its advertising as false. Voters should listen to the funder admitting it would raise rates, rather than misleading ads about rewarding safe drivers.
This document summarizes an article from 1974 about the profits and rates of the American Telephone & Telegraph Company (AT&T). Some key points:
- In 1972, AT&T reported record profits of $2.53 billion, more than any other US or world corporation at the time.
- AT&T was seeking rate increases totaling nearly $2 billion per year to maintain rising profits. Phone rates and fees were predicted to rise substantially.
- State public utility commissions tasked with regulating phone rates were understaffed and often favored AT&T, allowing high rates and profits.
- In California, the state Supreme Court overturned a $143 million rate increase for Pacific Telephone and ordered a
The document summarizes the Supreme Court ruling in Citizens United v. FEC and its implications for corporate political spending. Some key points:
- The ruling struck down longstanding bans on corporate spending on political campaigns, allowing unlimited spending on electioneering communications.
- It overturned precedents that had upheld restrictions on corporate spending to influence elections directly.
- There is now no limit on independent expenditures by corporations, though coordination with candidates is still banned.
- The decision enables foreign-owned corporations to spend on US elections for the first time.
- Proponents argue it protects free speech rights, while critics warn it will undermine democracy by increasing corporate influence.
This document is the statement of the National Association of Mutual Insurance Companies submitted to the US Senate Committee on Commerce, Science & Transportation regarding federal involvement in insurance regulation. It argues that a reformed system of state regulation is superior to federal regulation for the following reasons: states understand local needs better; federal regulation could impose unwanted social policies; and a federal system would increase costs and bureaucracy without clear benefits for consumers. The document advocates for reforms to state regulation, especially related to rate-setting, to create a more competitive, consistent system that benefits both consumers and the insurance industry.
The Amazon of Marijuana - New Massachusetts Delivery Licenses Are GoldEvergreen Buzz
New marijuana delivery licenses in Massachusetts are game changers, read this https://cannabis.net/blog/opinion/the-end-is-near-new-cannabis-delivery-licenses-will-cause-massive-disruption-in-the-marijuana-i
The document discusses reasons why a local cannabis dispensary should be allowed in Sonoma. It argues that dispensaries provide essential services to patients, help regulate the market, and do not increase crime rates. Research shows dispensaries have fewer robberies than other businesses and their presence is not linked to higher crime. The document also discusses regulations around dispensary security, potential economic benefits, and evidence that legal cannabis has not negatively impacted traffic safety.
Submission to the accc in response to its guide on collecting societiesAlex Malik
There is a great deal of confusion by members of the public regarding the roles, functions, authority and activities of collecting societies. Any guide which purports to reduce this level of confusion is a positive development.
The document summarizes the perspective of the U.S. Department of Justice Antitrust Division on the importance of antitrust compliance programs. It describes how the Division's criminal enforcement program has uncovered "brazen" international cartels that involved senior executives colluding to fix prices globally. Effective compliance programs are critical for companies to prevent antitrust violations and position themselves to receive amnesty if a violation occurs. The document outlines characteristics of prosecuted cartels and elements that effective compliance programs should include to detect and prevent such anticompetitive conduct.
The letter strongly opposes the proposed 45% toll increase for commercial vehicles on the New York State Thruway. It argues that the large toll hike will hurt businesses and the economy, and potentially force some trucking companies to leave New York. It urges the Thruway Authority to abandon this proposal and consider more responsible long-term solutions to improve its fiscal management.
Long Term Growth In Support for Legalization shows that older cohorts are slow to change views on marijuana legalization, while younger baby boomers are becoming more supportive. Poll results from California Proposition 19 in 2010 found nearly half of California voters still supported legalization. Support may have been higher in a presidential election year with higher turnout. Colorado polls show increasing support for medical marijuana ballot measures over time, but rejection of a 2006 legalization initiative. Public education aims to shift voter opinion by 5-10 points in key states to reach the threshold of 60% support needed to pass marijuana reform initiatives.
This document provides information about a company called Harris & Harris Ltd. that specializes in public sector contracting and project management. It lists the services Harris & Harris provides such as bid response submission, project management, regulatory compliance, and media relations. It also lists the types of public entities they work with such as federal, state, county, and municipal agencies. The document then provides details of Harris & Harris' experience working with various government clients and some of their significant achievements in helping governments increase revenue collection.
The document discusses the impact of COVID-19 on industries represented by the Music Innovation Consumers Coalition (MIC) and argues against modifying the ASCAP and BMI consent decrees. It notes that MIC members, including restaurants, bars, hotels, broadcasters, and movie theaters, have been devastated by the pandemic and rely on the consent decrees to reasonably license music performance rights. Removing the decrees' protections could disrupt the delicate balance and add uncertainty during an already difficult time for MIC industries.
The document discusses the impact of COVID-19 on industries represented by the Music Innovation Consumers Coalition (MIC) and argues against modifying the ASCAP and BMI consent decrees. It notes that MIC members, including restaurants, bars, hotels, broadcasters, and movie theaters, have been devastated by the pandemic and rely on the consent decrees to reasonably license music performance rights. Removing the decrees' protections could disrupt the delicate balance and add uncertainty during an already difficult time for MIC industries.
This document analyzes the music streaming industry through a Porter's Five Forces framework. It finds that the threat of entry is low to moderate due to high supplier power, experienced incumbents, and switching costs for users. Supplier power, particularly of the major record labels that own most music catalogs, is high. Record labels can demand equity in streaming services in exchange for licensing deals. Buyer power is high due to many substitutes and sensitivity to price and quality. Rivalry among streaming services is medium to high due to competitors varying in size and industry growth slowing.
The document discusses consent decrees, which are agreements between parties to limit activities in response to regulatory concerns about potential market abuses. Specifically, it discusses consent decrees that ASCAP and BMI entered into addressing antitrust issues around their music licensing practices. It provides background on the decrees and considers potential modifications to them. Issues discussed include transparency of the music repertoires, allowing partial withdrawal of digital rights, bundling of rights, and changing the rate-setting process. Comments from music industry groups on both sides of the issues are presented.
Performance Right ? A World in Transition ABAToddtodd brabec
The document summarizes the complex issues surrounding performance rights and music licensing in the digital age. It discusses how the traditional music licensing process worked, then outlines several key court cases between 2007-2014 that established royalty rates for new online music services like YouTube, Pandora, and Spotify. These cases highlighted disparities in payments to artists/record labels versus songwriters/publishers. The document also examines publishers withdrawing from ASCAP and BMI to directly license works online, and two judges' rulings that works must be licensed equally across all media if withdrawn at all.
Performance Right ? A World in Transition ABAToddtodd brabec
The document discusses the evolution of music licensing and performance rights in the digital age. It provides background on traditional music licensing through performing rights organizations (PROs) like ASCAP and BMI. With the rise of online music, rate court cases have determined licensing fees for new media companies. Key cases set interim fees for YouTube and ruled that music downloads do not require performance licenses. Recent settlements now cover digital services like Spotify but most terms remain confidential. The challenges of valuing performance rights online versus traditional media are ongoing.
This document summarizes key concepts around copyright and digital technology discussed in a class. It covers topics like benefits and challenges of digital music, how music is distributed online through streaming and downloading, reproduction and performance rights, legislation around radio performance royalties, limitations of liability for online services providers under the DMCA, and the proposed CLASSICS Act to compensate artists for pre-1972 recordings played digitally.
MIC Comments Copyright Office NOI on MLC 11.08.19Brooklyn Bass
The document provides comments from the Music Innovation Consumers Coalition regarding regulations for the blanket mechanical licensing regime established by the Musical Works Modernization Act. The Coalition argues that the mechanical licensing collective's database should include comprehensive information about musical works, including performance rights data. A complete database is crucial to fulfill the goals of the MMA by improving transparency and efficiency in music licensing. Previous private sector attempts to build such a database have failed.
Transparency and equitable remuneration for rights holders in the digital mus...Dianne Bonney
The document discusses several issues facing the music industry as music consumption shifts from ownership to access through streaming services. It notes that streaming now represents 19% of global recorded music revenue but per-stream royalties are low compared to downloads or physical sales. The industry lacks transparency around licensing and royalty payments, with an estimated 20-50% of royalties not reaching rights holders. Recommendations include a standardized royalty reporting format, global rights database, and measures to address the value gap between ad-supported and paid streaming services.
GRIFFIN COPYRIGHT MBU 2520 REVISED FALL 2019 chapter 14Eric Griffin
This document summarizes key aspects of copyright and digital technology, including benefits and challenges of digital music distribution, the reproduction and performance rights, legislation regarding radio performance royalties, and arguments for and against the Music Modernization Act. The Music Modernization Act aims to help ensure songwriters are paid for music streaming by creating a mechanical licensing collective to collect and distribute royalties, but some argue it favors major publishers and retroactively limits liability for services.
Copyright seeks to balance author and public interests by protecting the expression of ideas but not the underlying ideas themselves. Copyright protects works that are fixed in a tangible medium and provides authors with a bundle of exclusive rights including reproduction, distribution, public performance, creation of derivatives, and digital audio transmission. Copyright duration for individual works is the life of the author plus 70 years. Mechanical royalties from streaming services are typically a fraction of a penny per stream and must meet certain thresholds to earn substantial amounts. Fair use is an exception that allows limited unauthorized use of copyrighted works for purposes like education or commentary.
The document summarizes the Supreme Court ruling in Citizens United v. FEC and its implications for corporate political spending. Some key points:
- The ruling struck down longstanding bans on corporate spending on political campaigns, allowing unlimited spending on electioneering communications.
- It overturned precedents that had upheld restrictions on corporate spending to influence elections directly.
- There is now no limit on independent expenditures by corporations, though coordination with candidates is still banned.
- The decision enables foreign-owned corporations to spend on US elections for the first time.
- Proponents argue it protects free speech rights, while critics warn it will undermine democracy by increasing corporate influence.
This document is the statement of the National Association of Mutual Insurance Companies submitted to the US Senate Committee on Commerce, Science & Transportation regarding federal involvement in insurance regulation. It argues that a reformed system of state regulation is superior to federal regulation for the following reasons: states understand local needs better; federal regulation could impose unwanted social policies; and a federal system would increase costs and bureaucracy without clear benefits for consumers. The document advocates for reforms to state regulation, especially related to rate-setting, to create a more competitive, consistent system that benefits both consumers and the insurance industry.
The Amazon of Marijuana - New Massachusetts Delivery Licenses Are GoldEvergreen Buzz
New marijuana delivery licenses in Massachusetts are game changers, read this https://cannabis.net/blog/opinion/the-end-is-near-new-cannabis-delivery-licenses-will-cause-massive-disruption-in-the-marijuana-i
The document discusses reasons why a local cannabis dispensary should be allowed in Sonoma. It argues that dispensaries provide essential services to patients, help regulate the market, and do not increase crime rates. Research shows dispensaries have fewer robberies than other businesses and their presence is not linked to higher crime. The document also discusses regulations around dispensary security, potential economic benefits, and evidence that legal cannabis has not negatively impacted traffic safety.
Submission to the accc in response to its guide on collecting societiesAlex Malik
There is a great deal of confusion by members of the public regarding the roles, functions, authority and activities of collecting societies. Any guide which purports to reduce this level of confusion is a positive development.
The document summarizes the perspective of the U.S. Department of Justice Antitrust Division on the importance of antitrust compliance programs. It describes how the Division's criminal enforcement program has uncovered "brazen" international cartels that involved senior executives colluding to fix prices globally. Effective compliance programs are critical for companies to prevent antitrust violations and position themselves to receive amnesty if a violation occurs. The document outlines characteristics of prosecuted cartels and elements that effective compliance programs should include to detect and prevent such anticompetitive conduct.
The letter strongly opposes the proposed 45% toll increase for commercial vehicles on the New York State Thruway. It argues that the large toll hike will hurt businesses and the economy, and potentially force some trucking companies to leave New York. It urges the Thruway Authority to abandon this proposal and consider more responsible long-term solutions to improve its fiscal management.
Long Term Growth In Support for Legalization shows that older cohorts are slow to change views on marijuana legalization, while younger baby boomers are becoming more supportive. Poll results from California Proposition 19 in 2010 found nearly half of California voters still supported legalization. Support may have been higher in a presidential election year with higher turnout. Colorado polls show increasing support for medical marijuana ballot measures over time, but rejection of a 2006 legalization initiative. Public education aims to shift voter opinion by 5-10 points in key states to reach the threshold of 60% support needed to pass marijuana reform initiatives.
This document provides information about a company called Harris & Harris Ltd. that specializes in public sector contracting and project management. It lists the services Harris & Harris provides such as bid response submission, project management, regulatory compliance, and media relations. It also lists the types of public entities they work with such as federal, state, county, and municipal agencies. The document then provides details of Harris & Harris' experience working with various government clients and some of their significant achievements in helping governments increase revenue collection.
The document discusses the impact of COVID-19 on industries represented by the Music Innovation Consumers Coalition (MIC) and argues against modifying the ASCAP and BMI consent decrees. It notes that MIC members, including restaurants, bars, hotels, broadcasters, and movie theaters, have been devastated by the pandemic and rely on the consent decrees to reasonably license music performance rights. Removing the decrees' protections could disrupt the delicate balance and add uncertainty during an already difficult time for MIC industries.
The document discusses the impact of COVID-19 on industries represented by the Music Innovation Consumers Coalition (MIC) and argues against modifying the ASCAP and BMI consent decrees. It notes that MIC members, including restaurants, bars, hotels, broadcasters, and movie theaters, have been devastated by the pandemic and rely on the consent decrees to reasonably license music performance rights. Removing the decrees' protections could disrupt the delicate balance and add uncertainty during an already difficult time for MIC industries.
This document analyzes the music streaming industry through a Porter's Five Forces framework. It finds that the threat of entry is low to moderate due to high supplier power, experienced incumbents, and switching costs for users. Supplier power, particularly of the major record labels that own most music catalogs, is high. Record labels can demand equity in streaming services in exchange for licensing deals. Buyer power is high due to many substitutes and sensitivity to price and quality. Rivalry among streaming services is medium to high due to competitors varying in size and industry growth slowing.
The document discusses consent decrees, which are agreements between parties to limit activities in response to regulatory concerns about potential market abuses. Specifically, it discusses consent decrees that ASCAP and BMI entered into addressing antitrust issues around their music licensing practices. It provides background on the decrees and considers potential modifications to them. Issues discussed include transparency of the music repertoires, allowing partial withdrawal of digital rights, bundling of rights, and changing the rate-setting process. Comments from music industry groups on both sides of the issues are presented.
Performance Right ? A World in Transition ABAToddtodd brabec
The document summarizes the complex issues surrounding performance rights and music licensing in the digital age. It discusses how the traditional music licensing process worked, then outlines several key court cases between 2007-2014 that established royalty rates for new online music services like YouTube, Pandora, and Spotify. These cases highlighted disparities in payments to artists/record labels versus songwriters/publishers. The document also examines publishers withdrawing from ASCAP and BMI to directly license works online, and two judges' rulings that works must be licensed equally across all media if withdrawn at all.
Performance Right ? A World in Transition ABAToddtodd brabec
The document discusses the evolution of music licensing and performance rights in the digital age. It provides background on traditional music licensing through performing rights organizations (PROs) like ASCAP and BMI. With the rise of online music, rate court cases have determined licensing fees for new media companies. Key cases set interim fees for YouTube and ruled that music downloads do not require performance licenses. Recent settlements now cover digital services like Spotify but most terms remain confidential. The challenges of valuing performance rights online versus traditional media are ongoing.
This document summarizes key concepts around copyright and digital technology discussed in a class. It covers topics like benefits and challenges of digital music, how music is distributed online through streaming and downloading, reproduction and performance rights, legislation around radio performance royalties, limitations of liability for online services providers under the DMCA, and the proposed CLASSICS Act to compensate artists for pre-1972 recordings played digitally.
MIC Comments Copyright Office NOI on MLC 11.08.19Brooklyn Bass
The document provides comments from the Music Innovation Consumers Coalition regarding regulations for the blanket mechanical licensing regime established by the Musical Works Modernization Act. The Coalition argues that the mechanical licensing collective's database should include comprehensive information about musical works, including performance rights data. A complete database is crucial to fulfill the goals of the MMA by improving transparency and efficiency in music licensing. Previous private sector attempts to build such a database have failed.
Transparency and equitable remuneration for rights holders in the digital mus...Dianne Bonney
The document discusses several issues facing the music industry as music consumption shifts from ownership to access through streaming services. It notes that streaming now represents 19% of global recorded music revenue but per-stream royalties are low compared to downloads or physical sales. The industry lacks transparency around licensing and royalty payments, with an estimated 20-50% of royalties not reaching rights holders. Recommendations include a standardized royalty reporting format, global rights database, and measures to address the value gap between ad-supported and paid streaming services.
GRIFFIN COPYRIGHT MBU 2520 REVISED FALL 2019 chapter 14Eric Griffin
This document summarizes key aspects of copyright and digital technology, including benefits and challenges of digital music distribution, the reproduction and performance rights, legislation regarding radio performance royalties, and arguments for and against the Music Modernization Act. The Music Modernization Act aims to help ensure songwriters are paid for music streaming by creating a mechanical licensing collective to collect and distribute royalties, but some argue it favors major publishers and retroactively limits liability for services.
Copyright seeks to balance author and public interests by protecting the expression of ideas but not the underlying ideas themselves. Copyright protects works that are fixed in a tangible medium and provides authors with a bundle of exclusive rights including reproduction, distribution, public performance, creation of derivatives, and digital audio transmission. Copyright duration for individual works is the life of the author plus 70 years. Mechanical royalties from streaming services are typically a fraction of a penny per stream and must meet certain thresholds to earn substantial amounts. Fair use is an exception that allows limited unauthorized use of copyrighted works for purposes like education or commentary.
The document discusses copyright and the bundle of rights it provides authors/creators, including the rights of reproduction, distribution, public performance, derivatives, display, and digital audio transmission. It focuses on the public performance right, explaining that it applies to compositions but not sound recordings. The public performance right covers live, recorded, and transmitted performances. It also discusses what constitutes a "public" performance and the organizations that collect public performance royalties, including ASCAP, BMI, and SESAC. It notes some limitations on the public performance right, including exemptions for educational and nonprofit uses.
Music Publishing Industry
Analysis and Report
Economic Indicators
Overview
The American music industry is undoubtedly at the heart of contemporary American culture as a whole. The United Sates is the world’s largest recorded music market by sales, followed by Japan, the UK, and Germany (Hoover’s). As with most entertainment industries, the music industry has continued to evolve with acknowledging and making use of technological advancements to increase overall profits, widen the scope of listeners around the world, and further enlarge the music industry’s market share amongst other sectors in the entertainment world, such as television, film, and radio.
Although there are many individuals and organizations that operate within the music industry, this report will focus on the Music Publishing industry as it is in the midst of an important transition. The decrease of physical album sales in the past five years has forced publishers to look for new revenue sources and “to become less dependent on traditional licensing platforms” (IBISWorld US). To meet the changing needs of the consumer, music publishers are constantly establishing licensing agreements with new revenue streams like mobile outlets, digital streaming services and wireless music subscription services, like Spotify. Adapting to these new models has helped to alleviate the losses caused by the decrease in consumer spending and unimpressive album sales during the recession. However, the lack of consumer demand for albums along with the declining physical album sales has not been forgotten, as its effects are still present throughout the industry.
Table 1
The Music Publishing Industry at a Glance
While the industry has been experiencing more positive trends over the past five years, the negative factors listed above have certainly outweighed the more positive developments, resulting in an estimated average annual revenue decline of 3.2% in the five years leading up to 2014, totaling $3.9 billion.
As industry operators continue to adapt to the changing media landscape and leverage online platforms, IBISWorld expects revenue for the Music Publishing industry to grow 0.9% in 2014, which could mark the beginning of a more positive trend within the music industry.
Digital platforms have undoubtedly created new revenue streams; however, the future performance of the industry relies on the ability to overcome certain obstacles, including the fact that, today, selling a song has become more challenging with the widespread availability of online music. IBISWorld also points out that the internet has become a practical way for an artist to manage, distribute, and promote his or her own songs and albums, which has ultimately decreased the need for a publisher.
Even with some of these challenges, it is expected that the industry will grow in the coming years. “In the five years to 2019, revenue is projected to grow at an annualized rate of 0.8% to $4.0 billion” (IBISWorld.
The document discusses how game theory can help analyze the challenges facing the music industry in the digital age. It frames the issue of music piracy as a prisoner's dilemma between internet service providers and record labels. It also examines the prisoner's dilemmas between artists and record labels, and between artists and consumers. Potential solutions discussed include bundling music with other products, improving digital rights management, and educating consumers.
This document is the October 2011 issue of the Music Business Journal published by Berklee College of Music. It contains several articles on topics related to the music business including discussions of proposed legislation on performance rights, Spotify's streaming music service, Facebook's partnerships with streaming services, and a global database of song registration. The editor's note introduces the issue and new contributors. The table of contents provides an overview of the various articles across business, law, and music/society sections.
POTENTIAM.IO - Decentralized Music Platform [WHITEPAPER]Ardian Agung
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Hey everyone! Potentiam was started as a way to bring new and innovative services to independent musicians everywhere. We are true music lovers who are involved in the space internally and we see the struggles that many artists go through to get their work heard. We launched the ICO knowing we wanted to change the music industry but we had some issues bringing that idea to fruition. That, however, is all about to change.
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Our last meeting for 2009 held in October discussed GST Son of Holdback, Investment Allowance and an update on the National Consumer Credit Protection Bill. Many other topics were brought forward on the day for discussion by the members.
Lyrics, music, recordings and production - Jack Mason
Mixed and mastered by Latin Grammy winner - Ale Gaiotto
Video production - Berto Ortiz, Patricia Lobo, Patty S, Jack Mason
all rights reserved:
Jack Mason Live LLC
Jackmasonlive.com
The document discusses copyright and performance rights. It begins by outlining the bundle of rights granted to creators under US copyright law, including reproduction, distribution, public performance, derivatives, display, and digital audio transmission. It then focuses on the public performance right, explaining that it applies to compositions but not sound recordings. It describes what constitutes a public performance and discusses limitations on the right. The document also outlines the roles of Performing Rights Organizations (PROs) like ASCAP, BMI, and SESAC, which issue licenses and collect/distribute fees. It provides information on how PROs monitor performances to determine royalty payments. Finally, it discusses various pieces of legislation impacting copyright like the Songwriter's Equity Act and
This document discusses how the external environment influences organizations. It identifies key elements of the broad environment including socio-cultural forces, global economic forces, global technological forces, and global political/legal forces. Technological changes in particular, like the internet and digital music files, have disrupted traditional industries like the music industry. Firms must monitor trends in their broad environment to identify opportunities and threats and develop strategies to respond effectively.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
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The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
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IMPACT Silver is a pure silver zinc producer with over $260 million in revenue since 2008 and a large 100% owned 210km Mexico land package - 2024 catalysts includes new 14% grade zinc Plomosas mine and 20,000m of fully funded exploration drilling.
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MIC DOJ Comments
1. Public Comments of the MIC Coalition Submitted in Response to the U.S. Department of
Justice’s Request for Comment on the Future of the ASCAP and BMI Consent Decrees
August 9, 2019
Introduction
The Music Innovation Consumers (“MIC”) Coalition is pleased to submit the following
comments on behalf of the millions of businesses, both large and small, we represent. MIC
members include restaurants, bars, hotels, wineries, local radio and television broadcasters,
digital music services, retailers and numerous other venues that operate in every state, region and
congressional district throughout the country.1
The diversity in products and services MIC members currently offer is only matched by
the diversity in geographical communities we represent. The common thread that unites us is the
fact that we all pay for the right to publicly perform music. Indeed, MIC members are
responsible for the vast majority of the $2.4 billion in combined revenues that ASCAP and BMI
collected in 2018.
Our members are also united by a profound concern over the future of the consent
decrees governing ASCAP and BMI. In particular, any effort aimed at sunsetting, terminating or
diminishing the protections contained in either decree.
In their current form, the consent decrees provide music licensees with important pro-
competitive benefits that ensure that music can be licensed at a fair and reasonable price. The
absence of the decrees would undoubtedly encourage ASCAP and BMI to leverage their must-
have repertories, which collectively represent approximately 90 percent of public performance
rights in musical works and incentivize them to engage in monopolistic pricing.
Such an outcome would be bad for music licensees everywhere. It would force many of
the small businesses we represent to either stop playing music altogether or to acquiesce to
substantially higher prices that would threaten the financial solvency of such businesses – many
of which often serve as the primary place of employment for local communities.
1
For more information regarding the MIC Coalition, please visit: https://mic-coalition.org.
2. It for these reasons, as well as those described below, that we strongly urge the
Department to oppose any effort to sunset, terminate or diminish the protections contained in the
ASCAP or BMI consent decrees.
I. The ASCAP and BMI Consent Decrees Provide Critical Guardrails that Protect
Licensees and Consumers from Anticompetitive Behavior Without Impeding
Record-Breaking ASCAP and BMI Revenues.
The genius of the ASCAP and BMI consent decrees rests in their ability to promote
competition, while also advancing other relevant public policy interests. For music licensees, in
particular, the consent decrees have been instrumental in helping to identify and remedy alleged
acts of anticompetitive behavior.
In 2013, for example, the consent decrees helped shed light on acts undertaken by
ASCAP and BMI to secretly coordinate with music publishers in an effort to allegedly limit
access to their catalogues for certain licensees.2
Less than one year later, in 2014, it was revealed
that ASCAP had engaged in acts of “troubling coordination” with a couple of major music
publishers in a manner that implicated a core antitrust concern underlying its decree.3
Finally, in
2016, it was discovered that ASCAP had been including exclusivity requirements in its
contractual agreements with affiliates in clear violation of the terms of their decree.4
As a result
of the latter conduct, ASCAP ended up being fined by the Justice Department and agreed to
reform its licensing practices.5
While opponents of the consent decrees often suggest that the voluntary settlement
agreements applicable to the two largest performance rights organizations (“PROs”) are outdated
and have outlived their usefulness, the aforementioned events clearly demonstrate that they
continue to play an important role in policing acts of alleged anticompetitive behavior.
Terminating, sunsetting, or lessening the protections afforded music users in the decrees
in any way, would not lead to more competition in the marketplace. It would only make it more
difficult for licensees, particularly those with limited financial resources, to negotiate for
reasonable license fees and to seek redress for abuses of market power.
Rash changes could also disrupt the consistently strong financial performance that
ASCAP and BMI have enjoyed under the current system. Last year, for example, ASCAP and
BMI both reported receiving record high revenues of $1.22 billion and $1.19 billion,
respectively.6
At first glance, such glowing figures might appear to be uncommon. However, on
2
In re Petition of Pandora Media, Inc., 2013 WL 5211927 (S.D.N.Y. Sept. 17, 2013); Broadcast Music, Inc. v
Pandora Media Inc., 2013 WL 6697788 (S.D.N.Y. Dec. 18, 2013).
3
In re Petition of Pandora Media, Inc., 2014 WL 1088101 (S.D.N.Y. Mar. 18, 2014).
4
Department of Justice, Office of Public Affairs. (May 12, 2016). Justice Department Settles Civil Contempt Claim
against ASCAP for Entering into 150 Exclusive Contracts with Songwriters and Music Publishers [Press release].
Retrieved from https://www.justice.gov/opa/pr/justice-department-settles-civil-contempt-claim-against-ascap-
entering-150-exclusive
5
Id.
6
ASCAP. (May 1, 2019). ASCAP Annual Revenue and Distributions Continue to Break Records: 2018 Revenue
Tops $1.227 Billion [Press release]. Retrieved from https://www.ascap.com/press/2019/05/05-01-financials-release;
Christman, Ed (Sep. 12, 2018). BMI Revenue Growth Accelerates as Collections and Royalty Distributions Reach
3. closer inspection, the repeated receipt of record-breaking royalty payments appears to be more of
a trend.7
In fact, over the course of the past decade or so, ASCAP and BMI have both witnessed
their revenues surge by approximately 50 percent. This tremendous growth has occurred at the
same time that most Americans have seen their annual household incomes stagnate; and
thousands of brick-and-mortar businesses, located throughout the country, have struggled to turn
a profit.
II. Embodied in the Consent Decrees are a Series of Fundamental Principles that
Help Mitigate Anticompetitive Behavior.
At the heart of the consent decrees are several critical features that protect licensees from
unwanted acts of anticompetitive behavior. Some of the key elements include:
o License on application: Both decrees currently require ASCAP and BMI to provide a
license to any potential licensee that applies for one, even if the parties cannot agree on a
rate prior to the license grant. This prevents the threat of statutory damages for copyright
infringement from being leveraged by ASCAP and BMI to extract monopoly rates.
o Rate-setting oversight with meaningful procedural safeguards and evidentiary
burdens: Under the consent decrees, the federal district court in the Southern District of
New York provides a forum to determine license fees and terms if ASCAP or BMI
cannot agree with a licensee. Because the rates are set through litigation in federal district
court, the Federal Rules of Evidence and Federal Rules of Civil Procedure apply to the
proceedings. Moreover, under this requirement, the courts must set a “reasonable” fee
and have interpreted reasonable fees to be those that would exist in a competitive market,
without the market power wielded by ASCAP and BMI over prospective licensees, many
of whom have no or little control over whether they publicly perform the works in those
PROs’ repertories. In rate-setting proceedings, ASCAP and BMI bear the burden of
proving that their requested fees are reasonable.
o Prohibition on exclusive licensing / Alternatives to blanket license: The consent decrees
prohibit ASCAP and BMI from being the exclusive licensor for any of the works in their
respective catalogs. Songwriters must have the ability to directly license their songs to a
licensee, ensuring that a blanket license to ASCAP’s and BMI’s entire catalog is not the
only license available. At the same time, ASCAP and BMI are required to provide more
flexible alternatives to their favored fixed-fee blanket license, allowing users to reduce
their fee obligations to those PROs by securing at least some of the performance rights
they need in their direct licensing transactions. These licensing alternatives and the
ability to engage in direct licensing are important to a wide range of music users and have
New Highs. Billboard. Retrieved from https://www.billboard.com/articles/business/8474665/bmi-2018-annual-
collections-revenue-royalty-distributions.
7
ASCAP. (Apr 19, 2018). ASCAP Delivers for the First Time More than $1 Billion to Songwriter, Composer and
Music Publisher Members [Press release]. Retrieved from https://www.ascap.com/press/2018/04/04-19-financials-
2017; BMI. (Sep. 7, 2017). BMI Tops Revenue Records for Third Straight Year with $1.13 Billion [Press release].
Retrieved from https://www.bmi.com/news/entry/bmi-tops-revenue-records-for-third-straight-year-with-1.130-
billion.
4. served to allow for some actual competitive transactions between users and composers,
where composers compete with each other to have their music performed.
o Nondiscrimination: Both decrees prohibit discrimination with the result that ASCAP and
BMI must offer similar licenses to similarly situated licensees. This requirement prevents
ASCAP and BMI from arbitrarily picking winners and losers among competing local,
regional or national businesses.
o Requires rights holders to be either “all-in” or “all-out” regarding collective licensing: Both
decrees require rights holders to allow their catalog to be licensed by the PROs to any category of
licensee. Otherwise, a publisher could choose to withdraw rights for only certain licensees and
then leverage market power to extort higher fees from those licensees, while maintaining the
infrastructural advantages of the PRO system to administer rights for more diffuse licensees.
This sort of manipulation would distort market prices, which is why just two years ago the
Department of Justice denied ASCAP and BMI member publishers the right of partial
withdrawals. Rights holders should be free to leave the collective licensing system entirely, but
they should not be able to “game the system” by having one foot in and one foot out.
The principles outlined above are responsible, in large part, for the success of the consent
decrees and should be preserved by the Department without modification. Indeed, if
policymakers are interested in making any changes to the current regime, they should use the
above-mentioned principles as the key building blocks to help construct a more robust pro-
competitive system. Along those lines, policymakers could address such issues as:
o Transparency: Licensors should be required to provide accurate and comprehensive
copyright ownership and licensing information, ideally in a public, centralized and easily
accessible database. Licensees should know precisely which songs they are licensing in
exchange for payment and be protected under the terms of their licenses for reliance on a
licensor’s representations of what is contained in its catalog. The database should include
the works of all PROs and have the ability to calculate the share of each PRO within
various media e.g. radio – both terrestrial and digital, TV, restaurant venues, etc. Over a
year ago ASCAP and BMI promised that they were moving forward with a combined
database, but we have seen no evidence that progress is being made.
o Applicability to all licensing collectives: The current decrees apply only to ASCAP and
BMI. This has led to the emergence of newer PROs engaging in questionable licensing
practices and leaving licensees with little recourse outside of expensive private antitrust
enforcement actions. Any alternative framework must be broadly applicable to other
PROs and licensors not currently operating under consent decrees to ensure a level
playing field.
o Prohibition on engaging in abusive, coercive or other unfair or deceptive practices: In
recent years, states including Nebraska, Colorado, Oregon, Washington, and Virginia
have enacted laws at the state level that are designed to reign in abusive, coercive or other
forms of troubling behavior carried out by PROs. To prevent such behavior from
occurring in the future, any new framework should require all PROs to abide by a
predetermined “code of conduct” that would be subject to enforcement by the Federal
Trade Commission.
o Remedies for small and medium sized businesses that are not “take it or leave it”:
Although some licensees have successfully obtained alternatives to blanket licensing,
5. businesses that play music in their establishments occasionally do not have the option to
pay based on use and must agree to licenses that cover more substantial music usage.
The lack of options tailored for each business often forces proprietors to stop providing
music for the enjoyment of their customers.
o Unified rate setting: Litigating fee disputes with ASCAP and BMI (and additional PROs,
including SESAC and GMR) in different proceedings leaves licensees paying for more
than 100 percent of the value of the music they play. The cases often center around
respective market share of each PRO and each fact-finder must evaluate each PRO’s
claim of their share. Moreover, the license periods and litigation with each PRO do not
always match up. Having a unified proceeding to allow a single factfinder to, at a
minimum, identify relevant market share of each PRO, and ideally, set an industry-wide
rate for licensees would greatly improve efficiency and fairness. Given the complexity of
music licensing, it is useful to have a factfinder who becomes knowledgeable of the
issues over time.
o Full work licensing: Licenses from PROs must grant the right to immediately play all
songs in the PRO’s catalog with corresponding indemnification from copyright
infringement claims. In its most recent review of the consent decrees, the Department of
Justice concluded, from an antitrust and public policy perspective, the PROs should only
be permitted to license works on a full-work basis. Under full-work licensing, a PRO
license includes the right to play any song in its catalog, even if only some of the
ownership interests of a song are represented in that catalog. The Second Circuit, based
not on an assessment of antitrust or public policy, but purely based on the express
language of the BMI decree, rejected that conclusion, allowing at least BMI to license
works on a so-called “fractional” basis, upending decades of settled licensing practices.
Permitting fractional licensing leaves licensees: (1) paying different rates for different
fractions of the same songs; (2) uncertain about whether they have fully cleared any
given song for performance (even if they have licenses from the major PROs); (3) dealing
with the near-impossible prospect, given the lack of transparency in the industry, of
having to track down fractional owners of works that are either affiliated with an
unregulated PRO or not affiliated with an PRO; and (4) facing exposure to potential
statutory damages for copyright infringement.
III. The Justice Department Should Allow Congress to Act, Prior to Taking Any
Steps to Sunset, Terminate or Lessen the Protections Contained in the ASCAP
or BMI Consent Decree.
Members of Congress have demonstrated a keen awareness of the harms that could result
from a rush to judgment regarding the future of the consent decrees. Last year, Congress enacted
the Music Modernization Act, which not only contains a section detailing Congressional
oversight of DOJ’s review of the decrees but also demonstrates the importance of clear rules for
the proper functioning of the music licensing marketplace.8
8
Orrin G. Hatch-Bob Goodlatte Music Modernization Act. Public Law No. 115-264 (MMA).
6. The MMA was passed unanimously by Congress and requires the DOJ to notify
Members of Congress prior to moving to sunset or terminate either decree.9
Moreover, DOJ is
required to provide a report to Congress analyzing the impact that such actions would have on
businesses that license the right of publicly perform musical works.10
The purpose of those provisions is echoed in a series of letters from leaders in both the
House and Senate expressing concern with any potential changes by DOJ that would bring about
chaos in the marketplace.11
Each letter urges DOJ to exercise restraint and commit to work with
Members of Congress to establish an alternative licensing framework before DOJ takes action to
sunset or terminate the decrees.12
More broadly, passage of the MMA—which reflected years of work by stakeholders
involved in every part of the music industry and carefully accounted for the state of today’s
music licensing marketplace—highlights the negative impact that market chaos can have on all
parts of the industry. The bulk of the MMA addressed a broken system for licensing other rights
in musical works not covered by the PROs’ public performance licenses and created a blanket
statutory license for these rights. The MMA was needed to remedy the existing licensing system
that had ceased working. In sharp contrast, the system for licensing public performance rights
that is enabled by the decrees, while perhaps not perfect, is not broken.
Significantly modifying the decrees, or worse sunsetting or terminating them, would
bring about exactly the kind of chaos that required the passage of the MMA to fix. DOJ action
along those lines would be disastrous for the millions of main street business that regularly rely
on the consent decrees to license music at a fair and reasonable price and would make it harder,
not easier, for Congress to develop a suitable alternative framework.
Conclusion
Five short years ago, the Justice Department launched a review of the ASCAP and BMI
consent decrees that is quite similar to the one currently underway today. After careful
consideration, including multiple rounds of comments and meetings with Department attorneys
and economists, DOJ closed its investigation in August 2016 without seeking any modification
9
Id. at §105. As then-Senator Hatch made clear in a statement on the Senate floor, Congress intended to require the
DOJ to notify Congress at least 90 days before filing a motion to terminate. See 164 Cong. Rec. S6335 (daily ed.,
Sept. 26, 2018) (statement of Sen. Hatch).
10
MMA at §105.
11
Graham, L. “Letter to Assistant Attorney General Makan Delrahim Inquiring about the Status of the Division’s
Termination Program”. (Feb. 12, 2019) (“Graham Letter”); Grassley, C., Goodlatte B., etc. “Letter to Assistant
Attorney General Makan Delrahim regarding the Antitrust Division’s Judgment Termination Program”. (Jun. 8,
2018)(“Grassley-Goodlatte Letter”); Leahy, P., Klobuchar, A., etc. “Letter to Assistant Attorney General Makan
Delrahim regarding the Antitrust Division’s Recently Announced Initiative to Terminate Outdated Antitrust
Judgments.” (Jun. 7, 2018)(“Leahy-Klobuchar Letter”).
12
See Graham Letter “…moving to terminate or even sunset the ASCAP & BMI consent decrees, without first
working with my committee and the Congress as a whole to establish an alternative licensing framework, could
severely disrupt the entire music licensing marketplace.”; Also see Grassley-Goodlatte Letter “Terminating [the
consent decrees] without a clear alternative framework in place would result in serious disruption in the
marketplace, harming creators, copyright owners, licensees, and consumers.”; Also see Leahy-Klobuchar Letter
“…we urge the Division to allow consumers, industry representatives, and Members of Congress to negotiate and
develop an alternative solution…before the Division takes any action to weaken or terminate these judgments.”
7. to the existing decrees. In explaining its decision to preserve the current agreements, the
Department noted that the “industry has developed in the context of, and in reliance on, these
consent decrees and that they therefore should remain in place”.13
(emphasis added)
Members of the MIC Coalition strongly support this outcome and respectfully request
that the Department, as part of its current review, reaffirm its previous decision.
Respectfully submitted,
Gregory Alan Barnes, Counsel
Elizabeth Frazee, Director
MIC Coalition
1155 F Street NW, Ste 975
Washington, DC 20004
(202) 621-8546
13
Department of Justice. Statement of the Department of Justice on the Closing of the Antitrust Division’s Review of
the ASCAP and BMI Consent Decrees (Aug. 4, 2016) at 22. Retrieved from
https://www.justice.gov/atr/file/882101/download.