Why Harvey Weinstein’s Latest Anti-Internet Outburst is Wrong.
On most days, another anti-Internet outburst from Harvey Weinstein wouldn’t qualify as news, but it’s a slow Friday afternoon. At a Washington event today, the Hollywood producer and Miramax co-founder...
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Opening Pandora’s Box: Copyright and Antitrust
Are copyright holders allowed to decide without legal constraint to whom they will license their content and on what terms? That is the issue facing Pandora and other new streaming radio firms, for...
View ArticleMusic Licensing—La Plus Ça Change?
The French have a wonderful saying, la plus ça change, plus c’est la même chose, which roughly translates to “the more things change, the more they remain the same.” That’s an apt description of...
View ArticlePaving the Way for Future Innovations: The Music Industry as a Case Study
David Balto and Matthew Lane, antitrust attorneys, have authored a guest paper for DisCo on innovation in the music delivery sector. David previously served as Policy Director at the Federal Trade...
View ArticleIs the Justice Department taking a stand against music licensing gridlock?
Yesterday Billboard wrote that the Department of Justice was reportedly taking a position against a major source of gridlock in music licensing: so-called “fractional licensing.” As readers of DisCo...
View ArticleOn Heels of DOJ Antitrust Contempt Action, Congress Told to Roll Back...
Less than a week after agreeing to pay $1.75 million to the Department of Justice to settle an investigation into antitrust misconduct, the American Society of Composers, Authors and Publishers (ASCAP)...
View ArticleConsent Decrees and the Music Industry: An Antitrust and Copyright Explainer
As DisCo has covered before, a major legal battle is being waged in the music industry. The battle concerns the intersection of music copyright and antitrust law, and it could dramatically change how...
View ArticleMusic Licensing Explainer, Part II: The Tragedy of the Anticommons
What Do Licensing, the Rhine, and the Silk Road Have In Common? In my last post I explained the history of the music fight, and in this post I wanted to look forward to the problems music users fear if...
View ArticleMusic Licensing Explainer, Part III: The Uncertain Impact on Antitrust Law
This post assumes you’ve read the previous two, if you haven’t you can find them here and here. It is indisputable that the performing rights organizations (“PROs”) have played an important and...
View ArticleMusic Consent Decree Battle Takes a Turn as DOJ Brief Charts New Path Forward
On August 31, the Department of Justice made an interesting strategic move that turned a fight over consent decree language into an epic standoff. In its reply brief, the DOJ called BMI’s bluff and...
View ArticleFurther Uncertainty Awaits Music Marketplace in Wake of Second Circuit Decision
In a non-precedential summary order on December 19, the Second Circuit affirmed a decision interpreting the BMI consent decree, which governs Broadcast Music International, a performance rights...
View ArticleMusic Licensing—La Plus Ça Change?
The French have a wonderful saying, la plus ça change, plus c’est la même chose, which roughly translates to “the more things change, the more they remain the same.” That’s an apt description of...
View ArticleIs the Justice Department taking a stand against music licensing gridlock?
Yesterday Billboard wrote that the Department of Justice was reportedly taking a position against a major source of gridlock in music licensing: so-called “fractional licensing.” As readers of DisCo...
View ArticleOn Heels of DOJ Antitrust Contempt Action, Congress Told to Roll Back...
Less than a week after agreeing to pay $1.75 million to the Department of Justice to settle an investigation into antitrust misconduct, the American Society of Composers, Authors and Publishers (ASCAP)...
View ArticleConsent Decrees and the Music Industry: An Antitrust and Copyright Explainer
As DisCo has covered before, a major legal battle is being waged in the music industry. The battle concerns the intersection of music copyright and antitrust law, and it could dramatically change how...
View ArticleMusic Licensing Explainer, Part II: The Tragedy of the Anticommons
What Do Licensing, the Rhine, and the Silk Road Have In Common? In my last post I explained the history of the music fight, and in this post I wanted to look forward to the problems music users fear if...
View ArticleMusic Licensing Explainer, Part III: The Uncertain Impact on Antitrust Law
This post assumes you’ve read the previous two, if you haven’t you can find them here and here. It is indisputable that the performing rights organizations (“PROs”) have played an important and...
View ArticleMusic Consent Decree Battle Takes a Turn as DOJ Brief Charts New Path Forward
On August 31, the Department of Justice made an interesting strategic move that turned a fight over consent decree language into an epic standoff. In its reply brief, the DOJ called BMI’s bluff and...
View ArticleFurther Uncertainty Awaits Music Marketplace in Wake of Second Circuit Decision
In a non-precedential summary order on December 19, the Second Circuit affirmed a decision interpreting the BMI consent decree, which governs Broadcast Music International, a performance rights...
View ArticleDOJ Decision on Consent Decrees and Fractional Licensing Good News for...
Today the Department of Justice announced it would make no changes to the antitrust consent decrees that govern coordinated action by the music performing rights organizations (PROs) known as ASCAP and...
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