Buffalo Broadcasting Co., Inc. v. American Society of Composers, Authors and Publishers
United States Court of Appeals for the Second Circuit
744 F.2d 917 (1984)
- Written by Sarah Holley, JD
Facts
The American Society of Composers, Authors and Publishers (ASCAP) (defendant) was an incorporated membership association of composers, authors, and publishers of music that held nonexclusive licenses for the nondramatic performing rights to more than three million musical compositions. Broadcast Music, Inc. (BMI) (defendant) was a nonprofit corporation affiliated with writers and publishers of music that held nonexclusive licenses for nondramatic performing rights to more than one million compositions. A class of local television stations (plaintiffs) sued ASCAP and BMI, alleging their offer of a blanket license constituted an unreasonable restraint of trade in violation of Section 1 of the Sherman Antitrust Act because the other licensing options—program licensing, direct licensing, or source licensing—were not realistic alternatives. The district court found in favor of the stations. ASCAP and BMI appealed.
Rule of Law
Issue
Holding and Reasoning (Newman, J.)
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