Legal Opinion

United States of America, Music Choice, Movant-Appellant v. Broadcast Music, Inc., Docket No. 04-3444-Cv

Court of Appeals for the Second Circuit

Decided October 6, 2005No. 91PublishedCited by 19 opinions

1Opinion of the Court

B.D. PARKER, JR., Circuit Judge.

introduction

This appeal arises from a decision of the United States District Court for the Southern District of New York (Stanton, /.), acting under the Broadcast Music, Inc. (“BMI”) Consent Decree, 1 to set a rate for Music Choice’s licensing of BMI’s music. The license would apply to BMI music used by Music Choice on its cable, satellite, and Internet services between October 1,1994 and September 30, 2004. Since BMI and Music Choice were unable to agree on a rate, the Consent Decree required the court to set one.

The District Court entered its first decision…

2Cases cited4 opinions

  1. Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1979
  2. American Society of Composers, Authors and Publishers v. Showtime/the Movie Channel, Inc., Applicant-AppelleeCourt of Appeals for the Second Circuit · 1990
  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 by19 opinions

  1. United States v. American Society of Composers, Authors & PublishersCourt of Appeals for the Second Circuit · 2010
  2. Broadcast Music, Inc. v. DMX Inc.Court of Appeals for the Second Circuit · 2012
  3. Pandora Media, Inc. v. American Society of Composers, Authors & PublisherCourt of Appeals for the Second Circuit · 2015
  4. AMERICAN SOCIETY OF COMPOSERS v. MobiTV, Inc.Court of Appeals for the Second Circuit · 2012
  5. In Re Application of MobiTV, Inc.District Court, S.D. New York · 2010

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