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May 01, 2008

Does ASCAP Decision Put Online Music Broadcasters On the Hook For $100M?

Posted by Eriq Gardner

Ascap_lit_20061207 ASCAP is crowing about a "historic decision" made in U.S. District Court in New York yesterday.

New York federal judge William Conner has established a loose formula that determines the royalties that online music broadcasters have to pay publishers. The decision will cover license fees all the way back to 2002 and continue to 2009, when new rates go into effect.

But the decision awards ASCAP about 2.5 percent of music-related revenue from that time, which potentially adds up to an astounding $100 million, or about $6 million to $8 million due from each of the major online broadcasters such as AOL, Yahoo, and RealNetworks.

The online broadcasters were quick to point out the formula is still loose and has not been ultimately decided yet. ""This is a long way from being over," RealNetworks general counsel Bob Kimball told Reuters.

Later that day, my friends and i gathered in my suite in Ward Hall for some Halloween fun! My friend Dierdre and I dressed up as Paris Hilton and Nicole Richie. However, we merely dressed up like them neck- up and painted our tops with the word‘ BFFs’ to show that WE RECONCILED. I had to work the very next morning so I couldn’ t stay up all night long as much as I want to. It was surely a FUN night regardless!

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to editor@hollywoodreporteresq.com.


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