In an opinion today, Judge Engelmayer granted in part and denied in part the summary judgment motion of SESAC, a company that, similar to BMI and ASCAP, offers the blanket music licenses that allow TV stations to broadcast programs that contain copyrighted music.  The TV station plaintiffs allege that the SESAC charges exorbitant prices for “all or nothing” licenses. Judge Engelmayer rejected the plaintiffs’ claims that there was an unlawful conspiracy among the over 20,000 composers and musicians (referred to as “affiliates”) who licensed their music through SESAC, but held that the plaintiffs’ claims could proceed regarding the smaller subset of affiliates who, in exchange for large upfront payments, signed “supplemental” agreements that would discourage them from directly licensing their works.  These affiliates were  generally the “key” composers whose music was too ubiquitous for TV stations to avoid.  As Judge Engelmayer explained:
Continue Reading In Antitrust Challenge to Blanket Music License Program, Judge Engelmayer Allows Narrowed Claims to Proceed