In order for ASCAP and BMI to effectively compete with SESAC and to most efficiently service their members, their licensees and the general public, the Consent Decrees need modification. First, ASCAP and BMI must be permitted to allow the partial withdrawal of rights by its members, particularly its publisher members. The Consent Decrees have to date been construed to allow publisher members to either use ASCAP or BMI for ALL of their performance rights or for NONE. See Broadcast Music, Inc. V. Pandora Media, Inc. 13 CIV. 4037 (LLS), 2013 WL 6697788 (S.D.N.Y. Dec 19, 2013); see also ASCAP-BMI Consent DecreesFuture of Music Coalition (October 3, 2014).
According to the Future of Music Coalition, a Washington, DC-based nonpartisan, nonprofit organization, any time a song plays at a rally, campaigns must “ensure that they have a public performance license covering the composition’s use. Most major public venues such as convention centers and arenas typically purchase blanket licenses from performance rights organizations” like ASCAP, BMI and SESAC, which allow campaigns to use songs to which they have secured permission. read more
When must candidates get permission to use music, and who must they ask?
Ian Dunham & Kevin Erickson
Wednesday, September 9, 2015
In any season of political campaigns, candidates on the trail tend to use music as a tool to energize and inspire crowds or motivate potential voters. It’s an American tradition that dates back to George Washington himself. Sometimes, though, candidates appropriate music whose authors and rightsholders may not approve of its use, for a variety of reasons. Past campaign cycles have generated a long list of artists angered by the use of their work, and already it seems the 2016 campaign season will follow suit. read more
It’s the end of copyright era! Or so you would think if you had been listening to the majority position at the three Internet music conferences we attended last winter. What does that mean for the artists and musicians who stand to lose mechanical royalties as a revenue source? Nothing good.