Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsCommercial LawLitigationRegulationTechnology Media and TelecomSectionsNewsLJN Newsletters

Examining Rulings On Pandora and Performance Rights

By Scott Flaherty and Mark Hamblett
June 02, 2015

Little more than a week after music-streaming service Pandora Inc. won a key ruling in its royalty rate dispute with the American Society of Composers, Authors and Publishers (ASCAP), Pandora was dealt a setback in a parallel fight with ASCAP's rival performing rights organization, Broadcast Music Inc. (BMI). In a 60-page ruling, U.S. District Judge Louis Stanton in Manhattan sided with BMI's lawyers, led by Milbank, Tweed, Hadley & McCoy's Scott Edelman, and ordered Pandora to pay 2.5% of its revenue for the rights to play songs in BMI's catalogue. According to BMI, the decision sets the rate until the end of 2016. Broadcast Music Inc. v. Pandora Media Inc., 1:2013cv04037.

In a note to employees posted on the organization's website, BMI CEO Mike O'Neill noted that Judge Stanton concluded that BMI's request for a 2.5% royalty was “at the low end of the range of fees of recent licenses.” O'Neill continued: “The decision also establishes that existing marketplace agreements can be taken into account when determining rates, a key factor for us, and the industry.”

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.