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Oxenford: ASCAP decision used 'Willing buyer, willing seller" model
·May 14, 12:58 PM
Posted by: Paul Maloney

In his Broadcast Law Blog, attorney David Oxenford writes, “A decision by a US District Court in New York was just released, setting the rates to be paid to ASCAP for the use of their composers’ music by Yahoo!, AOL and Real Networks…at 2.5% of the revenues that were received by these services in connection with the music portions of their websites.

These rates were set by the Court, acting as a rate court under the antitrust consent decree that was originally imposed on ASCAP in 1941… The Court explained that they used a ‘willing buyer, willing seller‘ model to determine the rates that parties would have negotiated in a marketplace transaction.” Read Oxenford’s opinions on how this decision could have an impact on future CRB hearings here.



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