ASCAP, BMI CEOs Outline Potential Consent Decree Replacements

DOJ should replace the ASCAP and BMI consent decrees with modern consent decrees, said ASCAP CEO Elizabeth Matthews and BMI CEO Mike O’Neill Thursday. They want to maintain musicians’ automatic access to BMI and ASCAP “repertoires with the immediate right to public performance,” access contingent on a “fairer, more efficient, less costly and automatic mechanism for the payment of interim fees." They want to keep “the rate court process for resolution of rate disputes” outlined in the Music Modernization Act and continue to get “non-exclusive U.S. rights from our writers and publishers, which allows licensees, songwriters, composers and publishers to still do direct deals if they so choose.” They want as-is “current forms of licenses that the industry has grown accustomed to beyond the traditional blanket license.” They warned against government intervention that would come with reverting to a compulsory licensing model. DOJ has been reviewing the decrees (see 1902140042) and reportedly may seek comment soon. Justice didn't comment immediately.