American Society of Composers, Authors, & Publishers Ex Rel. Bergman v. Pataki

Opinion and Order

JONES, District Judge:

Plaintiff, American Society of Composers, Authors and Publishers (“ASCAP”) and plaintiff-intervenor, Broadcast Music, Inc. (“BMI”) (hereinafter referred to collectively as “plaintiffs”), seek an injunction enjoining the enforcement of sections 31.04.4(c) and 31.04.5 of the New York Arts and Cultural Affairs Law (hereinafter referred to as the “provisions” or the “New York provisions”) enacted by the State of New York on August 8, 1995 with an effective date of January 1, 1996, on the grounds that they are preempted by the federal Copyright Act of 1976,…