PRO Consent Decree Decision Compounds Damage to Industry, Music Creator Groups Say

Music Creators North America and two international groups of music creators jointly protested the DOJ Antitrust Division's preliminary decision on its review of the department's American Society of Composers, Authors and Publishers and Broadcast Music Inc. consent decrees via a filing with DOJ obtained Tuesday. The other signatories on the filing were the European Composers and Songwriters Alliance and the International Council of Music Creators. MCNA member groups include the Songwriters Guild of America and the Society of Composers & Lyricists. The music creator groups' protest against the DOJ decision tracked with other music creators' comments in opposition to the plan not to alter the existing ASCAP/BMI consent decrees and to clarify that 100 percent licensing, in which any partial owner of a song would be allowed to fully license that song, is required under music licensing rules. Some music creators elected to boycott DOJ's request for comment (see 1607190063). MCNA and the other music creator groups criticized Justice for fast-tracking the comment period on its preliminary decision, saying they don't believe DOJ's argument that it needs to get its final decision “on the record as soon as possible” isn't a valid reason not to allow an extension of the deadline. Comments were due Friday. The music creator groups said they regard the preliminary decision “as serious injustices that will further damage the ability of songwriters and composers to earn a living through our chosen profession.” The preliminary decision “appears poised to add” to music creators' income devaluation resulting from marketplace changes in the digital age, the groups said. The preliminary decision is also “likely to cause serious damage to the future of American and global music culture” by “erecting hurdles that may substantially hinder collaboration among music creators in the future and by adopting positions that drastically reduce” financial incentives to creation, the groups said. DOJ hasn't given “adequate consideration” to the international implications of its decision or the objections of the Copyright Office to the reinterpretation of music licensing rules to mandate 100 percent licensing, the groups said. DOJ's decision not to approve music publishers' request to allow “partial withdrawal” from the ASCAP and BMI consent decrees is a positive step but “we do not regard this narrow point as negating in any way the damage” caused by the rest of the preliminary decision, the groups said.