Category: Internet

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.

The Consent Decrees are outdated and in relation to the current digital landscape, diminishing the artists’ ability to exploit their works.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.