[20200317]IF11463_音乐许可：ASCAP和BMI同意法令.pdf

https:/crsreports.congress.gov March 17, 2020Music Licensing: The ASCAP and BMI Consent DecreesOn June 5, 2019, the U.S. Department of Justice (DOJ) announced that it was opening a review of two consent decrees that play a critical role in the music industry. The decrees regulate the copyright licensing activities of the two largest U.S. performing rights organizations (PROs): the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). DOJ is to consider whether or not to pursue modifications to, or termination of, the consent decrees. The U.S. District Court for the Southern District of New York (SDNY) would need to approve any proposed changes to the consent decrees. PROs enable lyricists and composers (referred to collectively here as “songwriters”) and music publishers to collect royalties when copyrighted musical works are performed publicly, that is, when music is played on the radio, through a streaming service, or in a nonprivate setting. As a result of antitrust lawsuits, however, ASCAP and BMI have long operated under consent decrees with DOJ, which constrain their activities. Changes to or termination of the consent decrees could s