Broadcast Music Inc. v. Columbia Broadcasting System Inc., 441 U.S. 1 (1979), was an important antitrust case decided by the Supreme Court of the United States.[1] It examined a complaint brought by CBS affiliates that the method in which broadcast companies determine fees for the issuance of blanket licenses (the permission to use a set of copyrighted media materials) was a violation of the Sherman Antitrust Act. The Supreme Court ruled that the issuance of blanket licenses was not a violation of the act, holding that the nature of blanket licenses did not arise to price fixing.
The TV network CBS (also, at the time, owner of Columbia Records) filed an antitrust suit against licensing agencies alleging that the system by which these agencies received fees for the issuance of blanket licenses to perform copyrighted musical compositions amounted to illegal price fixing.
The basic question in the case is "whether the issuance by ASCAP and BMI to CBS of blanket licenses to copyrighted musical compositions at fees negotiated by them is price fixing per se unlawful under the antitrust laws."
Judgmentedit
The Supreme Court held that blanket licenses issued by ASCAP and BMI did not necessarily constitute price fixing. The judgment, delivered by White J, was unanimous in holding that such practice should instead be examined under the rule of reason to determine if it is unlawful. Stevens J agreed with the majority, but would not have remanded the case to the lower courts for rehearing. He would have held that the blanket license were a breach of s1 of the Sherman Act using the rule of reason.[2]
This section needs expansion. You can help by adding to it. (April 2013)
Significanceedit
The case was part of the court's retreat from applying rigid per se rules in antitrust to a more permissive rule of reason.[3]
Text of Broadcast Music v. Columbia Broadcasting System, 441U.S. 1 (1979) is available from:Google ScholarJustiaLibrary of CongressOyez (oral argument audio)
Referencesedit
^"U.S. Reports: Broadcast Music, Inc. v. CBS, 441 U.S. 1 (1979)". Library of Congress, Washington, D.C. 20540 USA. Retrieved September 30, 2022.
^"Broadcast Music, Inc. v. Columbia Broadcasting System, Inc. | LexisNexis Case Opinion". www.lexisnexis.com. Retrieved September 30, 2022.
^"Blanket Licensing of Music Performing Rights: Possible Solutions to the Copyright-Antitrust Conflict". Vanderbilt Law Review. January 1984.
broadcast, music, broadcast, music, columbia, broadcasting, system, 1979, important, antitrust, case, decided, supreme, court, united, states, examined, complaint, brought, affiliates, that, method, which, broadcast, companies, determine, fees, issuance, blank. Broadcast Music Inc v Columbia Broadcasting System Inc 441 U S 1 1979 was an important antitrust case decided by the Supreme Court of the United States 1 It examined a complaint brought by CBS affiliates that the method in which broadcast companies determine fees for the issuance of blanket licenses the permission to use a set of copyrighted media materials was a violation of the Sherman Antitrust Act The Supreme Court ruled that the issuance of blanket licenses was not a violation of the act holding that the nature of blanket licenses did not arise to price fixing Broadcast Music Inc v CBS Inc Supreme Court of the United StatesArgued January 15 1979Decided April 17 1979Full case nameBroadcast Music Inc et al v Columbia Broadcasting System Inc et al Citations441 U S 1 more 99 S Ct 1551 60 L Ed 2d 1 201 U S P Q 497Case historyPriorCBS Inc v Am Soc y of Composers Authors amp Publishers 562 F 2d 130 195 U S P Q 209 2d Cir 1977 cert granted 439 U S 817 1978 HoldingThe issuance by ASCAP and BMI of blanket licenses does not constitute price fixing per se unlawful under the antitrust laws Court membershipChief Justice Warren E Burger Associate Justices William J Brennan Jr Potter StewartByron White Thurgood MarshallHarry Blackmun Lewis F Powell Jr William Rehnquist John P StevensCase opinionsMajorityWhite joined by Burger Brennan Stewart Marshall Blackmun Powell RehnquistDissentStevens Contents 1 Background 2 Judgment 3 Significance 4 See also 5 External links 6 ReferencesBackground editThe TV network CBS also at the time owner of Columbia Records filed an antitrust suit against licensing agencies alleging that the system by which these agencies received fees for the issuance of blanket licenses to perform copyrighted musical compositions amounted to illegal price fixing The basic question in the case is whether the issuance by ASCAP and BMI to CBS of blanket licenses to copyrighted musical compositions at fees negotiated by them is price fixing per se unlawful under the antitrust laws Judgment editThe Supreme Court held that blanket licenses issued by ASCAP and BMI did not necessarily constitute price fixing The judgment delivered by White J was unanimous in holding that such practice should instead be examined under the rule of reason to determine if it is unlawful Stevens J agreed with the majority but would not have remanded the case to the lower courts for rehearing He would have held that the blanket license were a breach of s1 of the Sherman Act using the rule of reason 2 This section needs expansion You can help by adding to it April 2013 Significance editThe case was part of the court s retreat from applying rigid per se rules in antitrust to a more permissive rule of reason 3 See also editUS antitrust law Westmoreland v CBS S D N Y 1982 Estate of Martin Luther King Jr Inc v CBS Inc 11th Cir 1999 External links editText of Broadcast Music v Columbia Broadcasting System 441 U S 1 1979 is available from Google Scholar Justia Library of Congress Oyez oral argument audio References edit U S Reports Broadcast Music Inc v CBS 441 U S 1 1979 Library of Congress Washington D C 20540 USA Retrieved September 30 2022 Broadcast Music Inc v Columbia Broadcasting System Inc LexisNexis Case Opinion www lexisnexis com Retrieved September 30 2022 Blanket Licensing of Music Performing Rights Possible Solutions to the Copyright Antitrust Conflict Vanderbilt Law Review January 1984 nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Broadcast Music Inc v CBS Inc amp oldid 1195946678, wikipedia, wiki, book, books, library,
