Southern District of NY Judge Naoimi Buckwald denied a motion to dismiss filed by SESAC LLC in a case filed by several television stations. The plaintiffs allege that SESAC acted anticompetitively in offering copyright licenses to songs only on a blanket license all or nothing basis. SESAC is one of three copyright licensing organizations that controls substantially all music copyrights. The other two, ASCAP and BMI, have operated under consent decrees with the Department of Justice for many years. SESAC argued that the plaintiffs had failed to allege a relevant market, but the Court held that music licensing did constitute a relevant market. Recognizing that private suits against the other licensing agencies had permitted blanket licenses to stand, the court held that those cases were decided after trial considering all of the facts and circumstances.
SESAC Music Licensing Antitrust Attack to Move Forward
This entry was posted on May 12, 2011 at 11:46 am, filed under Copyright Issues, Section 2 Standards, Tying Claims, US Federal Courts. Bookmark the permalink. Follow any comments here with the RSS feed for this post.
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