Collective licensing is only viable where fair value is given for value received. olé believes that the Consent Decrees have become serious impediments to the attainment of fair compensation for music creators, particularly in relation to new media services. While new technologies have transformed the way people listen to music, the Consent Decrees have kept the collective licensing of musical works firmly rooted in the economics of another time.
Comments closedCategory: CMO rules
This appeal concerns a dispute between the United States and Broadcast Music about the meaning of a longstanding antitrust consent decree governing BMI’s aggregation and collective licensing of the right of public performance of copyrighted musical works.
Comments closedIn Russia it was established institute of ombudsman presenting and protecting interests of Russian business. For certain industry of business there is special representative of ombudsman, who summarizes all complaints stated by business and puts them on paper. Each year ombudsman makes report to Russian president and proposes the ways to resolve problems outlined in book of complaints.
Comments closed
The Consent Decrees of ASCAP and BMI were originally devised to prevent either of the PROs from exercising too much market power over music users and raising prices beyond a level which they might achieve in an open market. For nearly 60 years they achieved this purpose, providing users with an efficient way to license a vast repertory, music creators and their publishers with an efficient system for the collection and distribution of license fees, and consumers with access to the repertoire of protected works.
Comments closed
The Consent Decrees are outdated and in relation to the current digital landscape, diminishing the artists’ ability to exploit their works. First, the Consent Decrees mandate that both PROs unequivocally grant a license to any user who submits an application, granting immediate access to the PRO’s entire repertoire upon application without first having to negotiate economic terms of the license or make any payment.
Comments closed
The Directive’s main objective is to ensure that collective management organisations (“CMOs”) act in the best interests of the rightholders they represent. The Directive sets out the standards that CMOs must meet to ensure that they act in the best interests of the rightholders they represent. It establishes some fundamental protections for rightholders, including those who are not members of CMOs. These include detailed requirements for the way in which rights revenues are collected and paid, how the monies are handled, and how deductions are made.
Comments closed
Consent Decrees remain essential to foster competitive market pricing for music performance rights. SESAC exercises substantial market power as a licensing collective and should be subject to regulation comparable to that to which ASCAP and BMI are subject. Copyright law principles and market structure coalesce to eliminate competition in the marketplace for music performance rights. These combined factors give the PROs enormous market power insulated from competitive forces.
Comments closed
The CMOs should have the ability alone or in association with other rights administration entities (such as the pre-existing Harry Fox agency) to bundle the performing and the mechanical right for blanket licensing to music users in a transparent manner using common unique works identifiers for the musical compositions to promote transparency and facilitate accurate data matching.
Comments closed
The Consent Decrees are not only outdated, they are obsolete. With new delivery systems for music emerging almost daily, the only possible way to keep pace is in the marketplace. Allowing the marketplace to develop new and innovative music licensing and collection models is the path to establishing true competition.
Comments closed
Because of the rapid change in technology, the societies have begun to experience complications in regards to its negotiations with “new media” music services, i.e., music performed over the internet and through wireless networks.
Comments closed