BMI Responds to DOJ Appeal of Fractional Licensing Ruling

President & CEO Mike O’Neill Updates BMI Members on the Latest Development

Posted in News on November 11, 2016

Dear BMI member,

As you know, on September 16 federal Judge Louis Stanton issued an order rejecting the U.S. Department of Justice’s (DOJ) recent interpretation of the BMI consent decree, concluding that BMI is free to engage in the fractional licensing of musical works. As we expected, the DOJ filed a motion today to appeal that decision. Rest assured that BMI is well prepared to once again defend our position in court. 

I would like to share my statement to the press regarding the appeal:

“While we hoped the DOJ would accept Judge Stanton’s decision, we are not surprised it chose to file an appeal. It is unfortunate that the DOJ continues to fight for an interpretation of BMI’s consent decree that is at odds with hundreds of thousands of songwriters and composers, the country’s two largest performing rights organizations, numerous publishers and members of the music community, members of Congress, a U.S. Governor, the U.S. Copyright Office and, in Judge Stanton, a federal judge. We believe Judge Stanton’s decision is correct and look forward to defending our position in the Court of Appeals for the Second Circuit.”

As always, I will continue to update you on further happenings on this front. In the meantime, please know that we are approaching this development in the same way that led us to our initial victory – by fighting to protect your rights and maximize the value of your music. 

Mike O’Neill
President & CEO


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