The reaction to Friday’s announcement was swift. In a statement, National Music Publishers Association chief David Israelite said: “We appreciate the Antitrust Division has spent a great deal of time and effort reviewing the ASCAP and BMI consent decrees, however we are disappointed that DOJ chose not to update the regulations to allow for freedoms that would have greatly helped songwriters and music publishers realize the true value of their work.
“Our hope is that the Biden Administration will pick up where this administration left off and take decisive action that would give songwriters and music publishers the ability to directly negotiate with the giant tech companies who continue to pay below market rates.” In contast, the National Association of Broadcasters said in a statement: “NAB is very pleased that the Department of Justice will not move to make changes to the ASCAP and BMI consent decrees. We appreciate the willingness of DOJ to have an open mind and to conduct a comprehensive review of all of the possible issues raised by stakeholders concerning modifying or eliminating the decrees.
The consent decrees require ASCAP and BMI to offer licenses to their entire catalog to any entity that requests one, for a fee that is either negotiated or set by a federal judge in a “rate court.”