[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16915]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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DEPARTMENT OF JUSTICE
Antitrust Division
Proposed Modification of Final Judgment
Notice is hereby given that defendant Broadcast Music, Inc.
(``BMI'') has filed with the United States District Court for the
Southern District of New York a motion to modify the Final Judgment in
United States v. Broadcast Music, Inc. et al., 64 Civ. 3787, and the
Department of Justice (``Department''), in a stipulation also filed
with the Court, has consented to modification of the Final Judgment,
but has reserved the right to withdraw its consent based on public
comments or for other reasons. The Complaint in this case (filed on
December 10, 1964) alleged that BMI and 517 broadcasters who owned its
voting stock constituted a combination to restrain and monopolize, and
an attempt to monopolize, the business of acquiring and licensing to
broadcasters copyrighted music rights, in violation of Sections 1 and 2
of the Sherman Act, 15 U.S.C. 1 and 2.
The Final Judgment (entered on December 29, 1966) provides, among
other things, that any licenses obtained by BMI from composers for
music performance rights must be non-exclusive, that BMI must offer
through-to-the-viewer and per-program licenses to radio and television
networks and cable programming services, and that BMI's license rates
and terms must be non-discriminatory. Unlike the similar decree in U.S.
v. ASCAP Civ. No. 13-95 (WCC), however, the BMI Judgment has no
provision for court adjudication of license fees for music performing
rights where BMI and a potential licensee are unable to reach
agreement.
The Department has filed with the Court a memorandum setting forth
the reasons why it believes that modification of the Final Judgment to
provide a rate court for the adjudication of disputed license fees
would be in the public interest. Copies of the Complaint, the Final
Judgment, the defendant's motion papers, the Stipulation containing the
Government's tentative consent, the Department's memorandum, and all
further papers filed with the Court in connection with this motion will
be available for inspection at Room 3235, Antitrust Division,
Department of Justice, 10th Street and Pennsylvania Avenue, NW.,
Washington, DC 20530 (Telephone: (202) 514-2481), and at the Office of
the Clerk of the United States District Court for the Southern District
of New York, Foley Square, New York, New York 10007. Copies of any of
these materials may be obtained from the Antitrust Division upon
request and payment of the copying fee set by Department regulations.
Interested persons may submit comments to the Department regarding
the proposed modification of the Final Judgment. Such comments must be
received within the sixty-day period established by court order, and
will be filed with the Court by the Department. Comments should be
addressed to Gail Kursh, Chief, Professions and Intellectual Property
Section, Antitrust Division, Department of Justice, 555 Fourth Street,
NW., Washington, DC 20001 (telephone: (202) 307-5799).
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 94-16915 Filed 7-12-94; 8:45 am]
BILLING CODE 4410-01-M
