Legal Opinion

Broadcast Music, Inc. v. DMX, INC.

District Court, S.D. New York

Decided July 26, 2010No. 08 Civ. 216 (LLS)PublishedCited by 3 opinions

1Opinion of the Court

Opinion and Order

LOUIS L. STANTON, District Judge.

Broadcast Music, Inc. (“BMI”), pursuant to article XIV of the BMI Consent Decree, 1 petitions for a determination of reasonable fees and terms for an adjustable-fee blanket license (“AFBL”) to DMX, Inc., a member of the commercial music services (“CMS”) industry, for the time period July 1, 2005 through December 31, 2012. (Tr. at 54). The AFBL will differ from BMI’s traditional blanket license in allowing the licensee to reduce its fee to BMI by licensing, directly from individual music authors or their publisher-representatives, rights to…

2Cases cited4 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. United States of America, Music Choice, Movant-Appellant v. Broadcast Music, Inc., Docket No. 04-3444-CvCourt of Appeals for the Second Circuit · 2005
  3. United States of America, Music Choice, Applicant-Appellee v. Broadcast Music, Inc.Court of Appeals for the Second Circuit · 2003
  4. United States v. Broadcast Music, Inc.Court of Appeals for the Second Circuit · 2001

3Cited by3 opinions

  1. In Re THP Capstar Acquisition Corp.District Court, S.D. New York · 2010
  2. United States v. American Society of ComposersDistrict Court, S.D. New York · 2010
  3. Broadcast Music, Inc. v. Pandora Media, Inc.District Court, S.D. New York · 2015

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