BMI Responds to Second Circuit Opinion on Live Concert Rates
Today, the Court of Appeals for the Second Circuit issued its opinion regarding Live Nation, AEG and the North American Concert Promoters Association’s (NACPA) appeal of BMI’s rate court decision that increased the royalties paid to songwriters, composers and publishers by the live concert industry. The Court returned the matter to Judge Louis L. Stanton to provide further explanation of a reasonable rate owed to BMI. While we disagree with many aspects of the Court’s opinion, we were pleased that it confirmed our position that free market rates can be considered when determining the compensation owed to music creators. Even the Court suggested a range of potential reasonable rates that would still be 50 – 80 % higher than our prior rate. That said, we are unwavering in our belief that our songwriters, composers and publishers deserve more, and we are evaluating all of our options moving forward, including seeking further appellate review.
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