On September 16, federal Judge Louis Stanton issued an order rejecting the U.S. Department of Justice’s (DOJ) recent interpretation of the BMI consent decree, concluding that BMI is free to engage in the fractional licensing of musical works. Friday the DOJ filed a notice of appeal in the matter.
Below is a statement from BMI President & CEO Mike O’Neill regarding the appeal:
“While we hoped the DOJ would accept Judge Stanton’s decision, we are not surprised it chose to file an appeal. It is unfortunate that the DOJ continues to fight for an interpretation of BMI’s consent decree that is at odds with hundreds of thousands of songwriters and composers, the country’s two largest performing rights organizations, numerous publishers and members of the music community, members of Congress, a U.S. Governor, the U.S. Copyright Office and, in Judge Stanton, a federal judge. We believe Judge Stanton’s decision is correct and look forward to defending our position in the Court of Appeals for the Second Circuit.”