Songwriters Sue DOJ Over ASCAP/BMI Consent Decrees Decision

Songwriters of North America led the filing Tuesday of a lawsuit against DOJ over the Antitrust Division's controversial decision in its review of the American Society of Composers, Authors and Publishers and Broadcast Music Inc. consent decrees, as expected (see 1608040066). SONA sued on behalf of songwriters Michelle Lewis, Tom Kelly and Pam Sheyne. The suit, filed in the U.S. District Court in Washington, D.C., also targets Attorney General Loretta Lynch and Antitrust head Renata Hesse. It follows an earlier BMI legal challenge of DOJ's concluding statement in the case and an ASCAP-led lobbying effort in Congress. Language in DOJ's ruling clarifying that the department continues to believe the existing decrees mandate 100 percent licensing is a violation of songwriters' property rights because of the language's negative effect on songwriting partnerships, the songwriters said in the complaint (in Pacer). The language “is an illegitimate assertion of agency power in gross violation of plaintiffs’ due process rights, copyright interests and freedom of contacts, and needs to be set aside,” the complaint said. DOJ didn't comment Wednesday.