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Antitrust Keyed to Gavil, 5th Ed.
Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.
Citation:
441 U.S. 1, 99 S. Ct. 1551, 60 L.Ed.2d 1 (1979)Facts
CBS operates one of three national commercial television networks, broadcasting approximately 7,500 programs annually, many of which use copyrighted music. ASCAP and BMI are performing rights organizations representing virtually all domestic copyrighted musical compositions (ASCAP with three million compositions and BMI with one million). These organizations issue blanket licenses that allow licensees to perform any composition in their repertoires as often as desired for a stated term, with fees typically based on a percentage of total revenues or a flat fee. Since the late 1940s, CBS had held blanket licenses from both organizations but sought alternative licensing arrangements. The organizations have been subject to antitrust scrutiny for decades, resulting in consent decrees that impose restrictions on their operations. The blanket license developed as a practical solution to the market reality of thousands of users, thousands of copyright owners, and millions of compositions, where individual negotiations would be prohibitively expensive and impractical.
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