NAB Files Amicus Brief to Support DOJ

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This all has to do with the complicated issue of fractional licensing. Last week, the Department of Justice filed its opening brief in its appeal of the Southern District of New York’s interpretation of the BMI consent decree related to “fractional licensing.” In August DOJ rejected BMI and ASCAP’s requested changes and issued an interpretation on the ability of the PROs to engage in fractional licensing, where BMI’s and ASCAP’s licenses would only cover the fractions of works attributable to their respective songwriters.

DOJ concluded that the plain language of the consent decrees prohibits ASCAP and BMI from licensing anything less than full works, ensuring that a licensee who obtains a blanket license from the PRO has immediate access to every song in its repertoire and is indemnified for any claims of copyright infringement. NAB participated in DOJ’s review process and supported its conclusion on fractional licensing.

BMI challenged DOJ’s interpretation and the federal judge overseeing its rate court ruled late last year that the consent decree permits fractional licensing. DOJ appealed that decision to the Second Circuit and filed its brief last week. The brief defends DOJ’s previous conclusion that the consent decree requires full-work licensing.

NAB has now, along with a wide range of other music licensees, filed an amicus brief in support of DOJ. Both DOJ’s and NAB’s briefs are attached. You can read that 48 page document HERE

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