2nd Circ. Backs DMX's Lower Music Licensing Fees

Law360, New York (June 13, 2012, 3:53 PM EDT) -- The Second Circuit on Wednesday granted background music provider DMX Inc.'s bid for reduced copyright licensing rates from two performing rights organizations, upholding lower court rulings that applied a sliding fee based on DMX's direct licensing negotiations with rights holders.

In a unanimous decision, the three-judge appeals panel found in favor of DMX in its licensing dispute with Broadcast Music Inc. and the American Society of Composers, Authors and Publishers, the two leading organizations that collect copyright licensing fees on behalf of those who hold music rights.

ASCAP and BMI, who had filed separate complaints, contended on appeal that agreements they...

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