Proposed Modification of Final Judgment

DEPARTMENT OF JUSTICE

Antitrust Division

Proposed Modification of Final Judgment

Notice is hereby given that defendant Broadcast Music, Inc.

(``BMI'') has filed with the United States District Court for the

Southern District of New York a motion to modify the Final Judgment in

United States v. Broadcast Music, Inc. et al., 64 Civ. 3787, and the

Department of Justice (``Department''), in a stipulation also filed

with the Court, has consented to modification of the Final Judgment,

but has reserved the right to withdraw its consent based on public

comments or for other reasons. The Complaint in this case (filed on

December 10, 1964) alleged that BMI and 517 broadcasters who owned its

voting stock constituted a combination to restrain and monopolize, and

an attempt to monopolize, the business of acquiring and licensing to

broadcasters copyrighted music rights, in violation of Sections 1 and 2

of the Sherman Act, 15 U.S.C. 1 and 2.

The Final Judgment (entered on December 29, 1966) provides, among

other things, that any licenses obtained by BMI from composers for

music performance rights must be non-exclusive, that BMI must offer

through-to-the-viewer and per-program licenses to radio and television

networks and cable programming services, and that BMI's license rates

and terms must be non-discriminatory. Unlike the similar decree in U.S.

v. ASCAP Civ. No. 13-95 (WCC), however, the BMI Judgment has no

provision for court adjudication of license fees for music performing

rights where BMI and a potential licensee are unable to reach

agreement.

The Department has filed with the Court a memorandum setting forth

the reasons why it believes that modification of the Final Judgment to

provide a rate court for the adjudication of disputed license fees

would be in the public interest. Copies of the Complaint, the Final

Judgment, the defendant's motion papers, the Stipulation containing the

Government's tentative consent, the Department's memorandum, and all

further papers filed with the Court in connection with this motion will

be available for inspection at Room 3235, Antitrust Division,

Department of Justice, 10th Street and Pennsylvania Avenue, NW.,

Washington, DC 20530 (Telephone: (202) 514-2481), and at the Office of

the Clerk of the United States District Court for the Southern District

of New York, Foley Square, New York, New York 10007. Copies of any of

these materials may be obtained from the Antitrust Division upon

request and payment of the copying fee set by Department regulations.

Interested persons may submit comments to the Department regarding

the proposed modification of the Final Judgment. Such comments must be

received within the sixty-day period established by court order, and

will be filed with the Court by the Department. Comments should be

addressed to Gail Kursh, Chief, Professions and Intellectual Property

Section, Antitrust Division, Department of Justice, 555 Fourth Street,

NW., Washington, DC 20001 (telephone: (202) 307-5799).

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 94-16915 Filed 7-12-94; 8:45 am]

BILLING CODE 4410-01-M