“All Means All”: Music Publishers Cannot Withdraw Their Digital Catalog from PROs - Fordham Intellectual Property, Media & Entertainment Law Journal
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“All Means All”: Music Publishers Cannot Withdraw Their Digital Catalog from PROs

“All Means All”: Music Publishers Cannot Withdraw Their Digital Catalog from PROs

On September 18th, the ASCAP Federal rate court served a victory to Pandora against music publishers who withdrew new media licensing rights from the American Society of Composers, Authors and Publishers (ASCAP) repertory. Judge Cote of the Southern District of New York granted Pandora summary judgment, ruling that the internet radio company’s right to perform compositions in the ASCAP repertory extends to the entire repertory and ASCAP cannot deny it the right to play songs from certain publishers. In the past two years, large music publishers, such as Sony and EMI, have withdrawn their new media licensing rights from the ASCAP repertory in order to negotiate higher songwriter royalty rates on their own. This has forced Pandora to negotiate higher rates with each publisher separately instead of obtaining one license through ASCAP. The court agreed with Pandora that “all means all” and Pandora is entitled to license all the songs by ASCAP’s 470,000 members. The rate Pandora will pay for these songs will be determined at the December 4th rate trial.

Laura Lagone

Laura Lagone graduated with her J.D. from Fordham University School of Law in 2014 and was the Managing Editor of Volume 24 of the Fordham IP, Media & Entertainment Law Journal. Her interest in entertainment law stems from her love of the Beatles and Sir Paul McCartney, whose concert changed her life at a mere 10 years old. She is also an avid traveler, has an uncanny ability to guess celebrities’ heights and, while a picky eater, she has the rare gift of being a super taster.