The DOJ Ruling: BMI Prevailed – What Happens Now?

September 20, 2016 –

BMI prevailed in its challenge to the Department of Justice’s intention to impose “full work” licensing via the existing consent decree. But what happens now?

The ruling was only with respect to BMI’s consent decree, so where does that leave ASCAP? Will ASCAP have to file a separate objection to its consent decree and if so, be able to rely on this precedent? Is the DOJ likely to appeal the ruling? If so, on what grounds, how long could that take, and what would happen in the meantime?

The DOJ’s reinterpretation was tangential to the original objective: to modify the consent decrees, improve copyright law and make music licensing more equitable for composers, songwriters and publishers. There is much to be discussed, so please invite your friends and colleagues to join us as we explore the possibilities.

TODD BRABEC | MICHAEL EAMES | GARRY SCHYMAN | CHARLES J. SANDERS

MODERATED BY ASHLEY IRWIN
(SCL President)

Todd Brabec

Todd Brabec is the former Governing Committee member as well as Music and Budget Chair of the American Bar Association Forum on the Entertainment and Sports Industries. He is a  recipient of the 2005 Educational Leadership Award from the Music & Entertainment Industry Educators Association (MEIEA) and the 2015 Texas Star Award from the Entertainment and Sports Law Section of the State Bar of Texas for Outstanding Contribution and Achievement in the Field of Entertainment Law. He has over 400 published articles on the business and law of Entertainment and lectures extensively throughout the world.

During his 37 year ASCAP career, he was responsible for signing most of ASCAP’s successful film and television composers as well as songwriters. His efforts were instrumental in taking ASCAP from a 20% overall market share to a  52% share of radio and competitive dominance in broadcast television, cable and worldwide top grossing feature films as well as an increase in total annual receipts from 60 million dollars to 995 million dollars. In addition, he significantly changed most of ASCAP’s distribution, payment and survey rules and systems and was responsible for significantly increasing the royalties and payment formulas for successful radio writers and film and television score and theme composers as well as eliminating practically all ASCAP payment and distribution policies, formulas and rules which were not in the best interests of composers and songwriters or which had a negative effect on their earnings or which financially penalized success. In addition, he was in charge of and responsible for all writer and publisher advances, guarantees, bank loans, financial incentives and other member inducements.  Website: musicandmoney.com. Contact: toddbrabec@gmail.com.

Michael Eames

Michael Eames is a trained composer, songwriter and pianist with experience in film scoring who studied music at Cornell University and UCLA Extension; Michael also secured a minor in Business Management from Cornell.  As President of PEN Music Group, Michael oversees all aspects of the operation as well as focuses on pitching the catalogue to all media and business development.  Prior to starting PEN, Michael oversaw the international activities and film & television department of Don Williams Music Group where he was responsible for song catalogues such as Jimi Hendrix, Chicago and Roy Orbison among numerous others. He also worked previously for Brian Wilson of The Beach Boys and the management and music supervision firms The Derek Power Co and Seth Kaplan Entertainment.

Michael is currently the President of the Association Of Independent Music Publishers (AIMP) and proudly serves on the Independent Publishers Advisory Council (IPAC) of the National Music Publishers Association (NMPA).  He is also a member of the California Copyright Conference (CCC) and the National Academy of Recording Arts and Sciences (NARAS).  Michael recently co-authored a book entitled FIVE STAR MUSIC MAKEOVER: The Independent Artist’s Guide for Singers, Songwriters, Bands, Producers and Self Publishers (Hal Leonard) and is a frequent guest speaker in classrooms and panel discussions nationwide.

Garry Schyman

BAFTA-winning composer Garry Schyman is a rare artist who can claim the trifecta of success – popular, critical, and artistic.  His work is loved by fans of such games as the Bioshock Trilogy, Dante’s Inferno, Shadow of Mordor, and the Destroy All Humans Trilogy. He is one of the most decorated composers of video game music, and is a true ‘composer’s composer’ – loved and respected by those who deeply appreciate his talent and mastery of the craft.  He has written music for nearly every genre of music for audio-visual works including film, television and production music.

Garry is also a long-serving member of the board of the Society of Composers & Lyricists and chairs it’s Music Rights Committee, through which he has participated in numerous discussions with the US Copyright Office and the Department of Justice regarding current copyright issues.

Charles J. Sanders

Attorney, author, NYU professor and musician Charlie Sanders is one of the most well-known copyright attorneys in the US. Based in Santa Monica and New York City, he serves as counsel to the Songwriters Guild of America, Music Creators North America, Fair Trade Music, and as an advisor to the international music creator group CIAM (Paris). Prior to entering private practice, he served as a copyright fellow at NYU School of Law and as the long-time counsel to the National Music Publishers Association, overseeing during his tenure the collection of over $4 billion in music royalties.

He is a former studio musician, a platinum award winning producer and former NARAS NY board member, and has won an Emmy for his copyright education productions. Finally, Sanders as a board member of the US Ski and Snowboard Hall of Fame, and hopes shortly to become one of the first alpine skiers ever to have engaged in mountaineering on all seven continents.

Moderator

Ashley Irwin

Emmy® award-winner, ASHLEY IRWIN, has scored over 30 feature films, 300 hours of television and over 3,000 commercials. He relocated from his native Australia to the U.S.A. in 1990 after a successful career in theatre, records, advertising and television.

He began his endless quest to understand the complexities of music licensing and associated contracts, as the in-house producer and A&R Manager for an independent record label in Sydney, started his first publishing company in 1989 and currently maintains publishing entities at ASCAP, BMI and APRA.

He is an official APRA Ambassador and has been President of the Society of Composers & Lyricists for the past 3 years.