Legal Opinion

United States of America, Music Choice, Applicant-Appellee v. Broadcast Music, Inc.

Court of Appeals for the Second Circuit

Decided January 14, 2003No. Docket 01-6183PublishedCited by 18 opinions

1Opinion of the Court

LEVAL, Circuit Judge.

Under a consent decree established in United States v. Broadcast Music, Inc., 1966 Trade Cas. (CCH) ¶ 71,941 (S.D.N.Y. Dec. 29, 1966), amended, United States v. Broadcast Music, Inc., 1996-1 Trade Cas. ¶ 71, 378 (S.D.N.Y. Nov. 18, 1994) (“BMI Consent Decree”), the United States District Court for the Southern District of New York (Stanton, /.), functioned as a rate-setting court, to fix the rate to be paid to Broadcast Music, Inc. (“BMI”) by Music Choice as a fair royalty for Music Choice’s distribution of BMI music over cable and satellite television, and through Music…

2Cases cited2 opinions

  1. American Society of Composers, Authors and Publishers v. Showtime/the Movie Channel, Inc., Applicant-AppelleeCourt of Appeals for the Second Circuit · 1990
  2. National Cable Television Ass'n v. Broadcast Music, Inc.District Court, District of Columbia · 1991

3Cited by18 opinions

  1. United States of America, Music Choice, Movant-Appellant v. Broadcast Music, Inc., Docket No. 04-3444-CvCourt of Appeals for the Second Circuit · 2005
  2. United States v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERSDistrict Court, S.D. New York · 2004
  3. AMERICAN SOCIETY OF COMPOSERS v. MobiTV, Inc.Court of Appeals for the Second Circuit · 2012
  4. In Re Application of MobiTV, Inc.District Court, S.D. New York · 2010
  5. In re Pandora Media, Inc. v. American Society of Composers, Authors, & PublishersDistrict Court, S.D. New York · 2014

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