Court of Appeals Sides With Songwriters, Publishers on Fractionalized …

As the music industry heads into the holiday season, the U.S. Second Circuit Court of Appeals just gave songwriters and music publishers a gift with its decision that the consent decree allows fractionalized licensing. Fractionalized licensing means that in cases of songs written by multiple songwriters music users need to get a license from all of the songwriters, or their representatives.

U.S. v. Broadcast Music Inc. – USDC, S.D.N.Y., September 16, 2016

District court overrules DOJ's interpretation of 75-year-old music industry consent decree, finding it neither bars issuance of fractional licenses for music nor requires BMI to issue full licenses. Broadcast Music Inc. asked the Department of Justice to review a consent decree entered in 1941 that allowed the organization to issue licenses only for works to which it holds all the rights.