ASCAP Settles DOJ Action Concerning Exclusive Licensing Agreements

USA v. ASCAP, No. 41-1395 (S.D.N.Y. May 12, 2016) (Doc. 749).

The Dep't of Justice and ASCAP have settled a claim concerning approximately 150 ASCAP agreements that granted the performing rights organization exclusive licensing rights allegedly in violation of an earlier consent decree.  The settlement prohibits ASCAP form entering into any agreement under which a songwriter, composer, or music publisher grants ASCAP the exclusive right to license the right of public performance in musical works, and further limits the licensing activities of board members and music publishers.  Further, ASCAP agreed to pay $1.75 million.

ASCAP and BMI Both Submit Comments Regarding Consent Decrees

Both ASCAP and BMI submitted public comments concerning the Department of Justice's review of the ASCAP and BMI consent decrees.  ASCAP's comments are here.  BMI's are here.

Proposal To Make Illegal Streaming A Felony

Statement of David Bitkower, Acting Deputy Assistant Attorney General, Criminal Division, U.S. Dep't of Justice, before the Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, U.S. House of Representatives, for a hearing entitled "Copyright Remedies," presented on July 24, 2014.  [Link].

In a congressional hearing, a Department of Justice officer states that the Department supports a felony penalty for illegal streaming of music.  (See statement, p. 7).  Currently, there are felony penalties for illegal distribution and reproduction (downloads), but only misdemeanor penalties for illegal public performance (streaming).

DOJ To Review ASCAP & BMI Consent Decrees

Multiple news outlets are reporting that the Department of Justice, Antitrust Division, has agreed to open a review of the ASCAP and BMI consent decrees.  See the DOJ announcement and ASCAP's statement.

Dep't of Justice on Constitutionality of Copyright Statutory Damages

The U.S. Department of Justice's memorandum in defense of the constitutionality of the statutory damages provision of the Copyright Act, 17 U.S.C. § 504(c). Submitted to the U.S. District Court for the District of Minnesota in the peer-to-peer file sharing case against defendant Jammie Thomas.

Capitol v Thomas - DOJ Memo in Support of Statutory Damages

XM / Sirius Merger Approved by DOJ

Antitrust concerns assuaged: The Justice Department on Monday approved Sirius Satellite Radio Inc.'s proposed $5 billion buyout of rival XM Satellite Radio Holdings Inc. (AP report.)

The merger, however, still awaits FCC approval.