Consent Decree Update and Reaction From ASCAP's CEO

[mikemichnya]

It's more than a proposal at this point, folks. The DOJ final ruling is in. You can read the full text here: https://www.justice.gov/atr/file/882101/download

According to the DOJ, public comment was made from over 200 "industry stakeholders such as composers, publishers, and music
licensees, as well as from advocacy groups" including frequent Taxi guest music attorney Steve Winogradsky. You can read his thoughts on the issue here: https://www.justice.gov/sites/default/f ... 307992.pdf

I haven't read all the comments (yet) but I suspect they fall into one of two camps: creators (who favor changes to the consent decrees that increase songwriter revenue) and users (who, naturally, favor changes that allow them to get our product for less). ASCAP, was formed to both increase it's members bargaining power in the marketplace and improve efficiency of collecting fees and distributing revenues to members.

This is from Nashville Songwriters Association International (NSAI) Board President Lee Miller on the subject:

“I cannot emphasize strongly enough how ludicrous this DOJ ruling is. NSAI has had multiple conversations and meetings with the DOJ. When I met with the assistant Attorney General, who is behind this, I graphically explained to her and her team the damage that the current, archaic music licensing and rate setting process is having on the songwriters. I then told her that her 100% licensing plan will threaten the last stream of income we have. I am disgusted that they are proceeding with this hostile attack against the smallest business in America- the songwriter. Please know that we at NSAI will not be silent. We do not accept this. Songs do not fall out of the sky. They are created slowly through years, sometimes decades, of life experience and pain and joy and hope and practice and failure and a tireless dedication to the learning of a craft that gives birth to a multi-billion dollar industry, an industry which would not exist without the songwriter. This is not a third world country where the government can impose unjust rule over members of the working class. We pay taxes. We generate commerce. We establish, drive and change culture. The government is wrong on this and I think they know it. I promise you we will be proclaiming it from every podium we can find. We will fight today and we will fight tomorrow because we have nothing to lose.”


NSAI Board President
Lee Thomas Miller

NSAI was formed by songwriters in 1967 to give songwriters a voice in the industry. A major part of it's mission is to "help aspiring songwriters and composers in every genre of music navigate the path to career success." I trust NSAI's analysis of this far more than I trust advocacy groups like the Digital Media Association or the National Association of Broadcasters.