G O V E R N O R G R E G A B B O T TAugust 29, 2016
The Honorable Loretta E. LynchAttorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW Washington, D.C. 20530-0001
Dear Attorney General Lynch:
I write to express my disagreement with the U.S. Department of Justice’s (DOJ) recent decision regarding the consent decrees in United States v. Broadcast Music, Inc. 1 and United States v. American Society of Composers, Authors and Publishers. 2 The Texas Music Office is housed within my office and is charged by law with promoting the Texas music industry. As the head of that office, I must object to the DOJ’s position in these cases, which is both legally flawed and threatens to harm the music industry in Texas. I respectfully request that the DOJ reconsider its position.
The DOJ ultimately concluded that the consent decrees require Broadcast Music, Inc. (BMI) and the American Society of Composers, Authors and Publishers (ASCAP) to offer only full-work licenses to their respective music repertoires, including those songs in which BMI or ASCAP only represent a fraction of the ownership rights. However, despite claims to the contrary, BMI and ASCAP have never offered full-work licenses to fractionally owned songs, and the consent decrees have never been interpreted by the DOJ to require that until now. This drastic change in course will have severe consequences for music artists and the music industry as a whole. Specifically, the DOJ’s conclusion will inhibit collaboration between music artists, upend longstanding practices within the music industry and further reduce royalty payments to music artists.3
The DOJ claims that the plain language of the consent decrees does not permit it to reach any other conclusion. That is incorrect.