Getting the right result for our corporate masters. We need to get the OIG to investigate or even recommend the disbanding of the DOJ Antitrust Litigation Section III over their handling of the 100% song licensing rule. This is getting totally ridiculous. First: there is the very real chance of corruption here as this appears […]
Let’s look at the implications of the DOJ 100% rule for the writers of the 5th most popular Hip Hop Song in the US this week. These are the four samples in For Free, by DJ Khaled featuring Drake. Each of those sampled songs also has multiple writers. Consequently the list of writers for […]
LA Times opinion concludes that Obama Justice Department ruling makes life more difficult for songwriters and is bad for competition:
By requiring full licensing by ASCAP and BMI, the department may ultimately clear the way for publishers to partially withdraw and negotiate separately with online services — provided they can satisfy their songwriters’ concerns about accounting and payment. In the meantime, though, the department’s latest interpretation of the consent decree will hinder songwriters’ legitimate efforts to get the most royalties they can for their works. Ideally, more performance rights organizations would emerge to represent songwriters and compete with one another, reducing the need for court oversight of ASCAP and BMI. But the mandate for full licensing by ASCAP and BMI will only deter songwriters and publishers from affiliating themselves with anyone else.
We made the Google/DOJ ruling on 100% licensing available on the MTP website, you can get it at this link: https://musictechpolicy.files.wordpress.com/2016/08/doj-100-pc-licensing-ruling.pdf
More to come.
A NOTE FROM MIKE O’NEILL TO BMI’S SONGWRITERS, COMPOSERS & PUBLISHERS
Dear BMI Member,
You may have seen the news today about the Department of Justice’s (DOJ) proposal regarding BMI and ASCAP’s respective consent decrees. After almost three years of deliberation, the DOJ is recommending no changes to the current decrees. It has instead determined that BMI and ASCAP must follow a 100% licensing model, a practice that has never been the industry standard and presents multiple challenges to the industry and our songwriting and composing community.
Please know that while we will continue to make every effort to reach a mutually-agreeable solution with the DOJ, their proposal is not the final say in this matter. Our core mission to protect the value of your music and creative freedom will be top of mind as we carefully evaluate our options.
As you can imagine, we are disappointed with the DOJ’s recommendation, but while we continue to work though these issues, nothing will change in terms of your BMI affiliation. You remain a member of the BMI family and you will continue to receive your distributions as you always have.
We also understand that you will likely have many questions. We will make every effort to provide answers and updates in order to assuage any concerns you may have. We encourage you to check back with us for new information as it becomes available.
BMI has been protecting the value of your creative work for 76 years and we have no intention of stopping that any time soon.
President & CEO