The four points on which SGA lends its full support to the PROs are: (1) the need to shift performance royalty rate-setting from rate court judges to private arbitrators; (2) the imperative for recognition of an evidentiary presumption that direct, arms-length licenses (the terms of which are fully disclosed) voluntarily negotiated by copyright holders who have withdrawn rights from a PRO provide the best evidence of reasonable market rates; (3) the related Congressional adoption of the “willing-buyer/willing seller” standard in rate setting for musical compositions, and; (4) the extension to PROs of the ability to license bundled rights beyond the singular right of public performance to new media services.
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