broadcast
music
cbs
argued
january
decided
april
together
american
society
composers
authors
publishers
et
al
columbia
broadcasting
system
et
also
certiorari
respondent
columbia
broadcasting
system
cbs
brought
action
petitioners
american
society
composers
authors
publishers
ascap
broadcast
music
bmi
members
affiliates
alleging
inter
alia
issuance
ascap
bmi
cbs
blanket
licenses
copyrighted
musical
compositions
fees
negotiated
illegal
price
fixing
antitrust
laws
blanket
licenses
give
licensees
right
perform
compositions
owned
members
affiliates
often
licensees
desire
stated
term
fees
blanket
licenses
ordinarily
percentage
total
revenues
flat
dollar
amount
directly
depend
amount
type
music
used
trial
limited
issue
liability
district
dismissed
complaint
holding
inter
alia
blanket
license
price
fixing
per
se
violation
sherman
act
appeals
reversed
remanded
consideration
appropriate
remedy
holding
blanket
license
issued
television
networks
form
price
fixing
illegal
per
se
sherman
act
established
copyright
misuse
held
issuance
ascap
bmi
blanket
licenses
constitute
price
fixing
per
se
unlawful
antitrust
laws
pp
considerable
experience
certain
business
relationships
courts
classify
per
se
violations
sherman
act
topco
associates
though
rather
intensive
antitrust
scrutiny
ascap
bmi
blanket
licenses
experience
hardly
counsels
outlaw
blanket
license
per
se
restraint
trade
furthermore
amicus
brief
present
case
urges
blanket
licenses
consent
decrees
earlier
actions
government
authorize
ascap
bmi
issue
television
networks
per
se
violations
sherman
act
congress
copyright
act
chosen
employ
blanket
license
similar
practices
thus
nearly
universal
view
blanket
licenses
form
price
fixing
subject
automatic
condemnation
sherman
act
rather
careful
assessment
rule
reason
generally
applied
sherman
act
cases
pp
characterizing
conduct
issuing
blanket
licenses
per
se
rule
inquiry
must
focus
whether
effect
tends
show
effect
purpose
practice
threaten
proper
operation
predominantly
economy
blanket
license
naked
restrain
trade
purpose
except
stifling
competition
white
motor
rather
accompanies
integration
sales
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enforcement
unauthorized
copyright
use
difficult
expensive
problems
left
individual
users
copyright
owners
although
blanket
license
fee
set
ascap
bmi
rather
competition
among
individual
copyright
owners
although
fee
use
compositions
covered
license
license
wholly
equated
simple
horizontal
arrangement
among
competitors
quite
different
anything
individual
owner
issue
light
background
plainly
indicates
years
face
available
alternatives
including
direct
negotiation
individual
copyright
owners
blanket
license
provided
acceptable
mechanism
least
large
part
market
performing
rights
copyrighted
musical
compositions
automatically
declared
illegal
many
manifestations
rather
subjected
discriminating
examination
rule
reason
pp
appeals
judgment
holding
licensing
practices
ascap
bmi
per
se
violations
sherman
act
copyright
misuse
judgment
dependent
thereon
reversed
case
remanded
proceedings
consider
unresolved
issues
cbs
may
properly
brought
appeals
including
assessment
rule
reason
blanket
license
employed
television
industry
pp
white
delivered
opinion
burger
brennan
stewart
marshall
blackmun
powell
rehnquist
joined
stevens
filed
dissenting
opinion
post
amalya
kearse
argued
cause
petitioners
briefs
george
davidson
conley
brian
jay
topkis
argued
cause
petitioners
briefs
bernard
korman
simon
rifkind
herman
finkelstein
allan
blumstein
alan
hruska
argued
cause
respondents
cases
briefs
john
appel
robert
sondak
deputy
solicitor
general
easterbrook
argued
cause
amicus
curiae
urging
reversal
briefs
solicitor
general
mccree
assistant
attorney
general
shenefield
william
alsup
john
powers
iii
andrea
fn
briefs
amici
curiae
urging
reversal
filed
irwin
karp
authors
league
america
philip
elman
robert
lichtman
performing
right
society
et
al
robert
bork
aaron
copland
et
al
briefs
amici
curiae
urging
affirmance
filed
ira
millstein
television
music
license
committee
clarence
fried
american
broadcasting
companies
david
hyde
national
broadcasting
company
john
midlen
national
religious
broadcasters
john
hill
attorney
general
texas
david
kendall
first
assistant
attorney
general
robert
bickerstaff
susan
dasher
assistant
attorneys
general
universities
state
texas
et
al
irving
moskovitz
filed
brief
radio
music
license
committee
amicus
curiae
justice
white
delivered
opinion
case
involves
action
antitrust
copyright
laws
brought
respondent
columbia
broadcasting
system
cbs
petitioners
american
society
composers
authors
publishers
ascap
broadcast
music
bmi
members
affiliates
basic
question
presented
whether
issuance
ascap
bmi
cbs
blanket
licenses
copyrighted
musical
compositions
fees
negotiated
price
fixing
per
se
unlawful
antitrust
laws
cbs
operates
one
three
national
commercial
television
networks
supplying
programs
approximately
affiliated
stations
telecasting
approximately
network
programs
per
year
many
programs
make
use
copyrighted
music
recorded
soundtrack
cbs
also
owns
television
radio
stations
various
cities
giant
world
use
music
rights
outlet
history
entertainment
since
copyright
laws
vested
owner
copyrighted
musical
composition
exclusive
right
perform
work
publicly
profit
legal
right
victor
herbert
handful
composers
organized
ascap
performed
copyrighted
music
profit
numerous
widespread
performances
fleeting
practical
matter
impossible
many
individual
copyright
owners
negotiate
license
users
detect
unauthorized
uses
ascap
organized
clearinghouse
copyright
owners
users
solve
problems
associated
licensing
music
supp
sdny
ascap
operates
today
members
grant
nonexclusive
rights
license
nondramatic
performances
works
ascap
issues
licenses
distributes
royalties
copyright
owners
accordance
schedule
reflecting
nature
amount
use
music
factors
bmi
nonprofit
corporation
owned
members
broadcasting
industry
organized
affiliated
represents
publishing
companies
authors
composers
operates
much
manner
ascap
almost
every
domestic
copyrighted
composition
repertory
either
ascap
total
three
million
compositions
bmi
one
million
organizations
operate
primarily
blanket
licenses
give
licensees
right
perform
compositions
owned
members
affiliates
often
licensees
desire
stated
term
fees
blanket
licenses
ordinarily
percentage
total
revenues
flat
dollar
amount
directly
depend
amount
type
music
used
radio
television
broadcasters
largest
users
music
almost
hold
blanket
licenses
ascap
bmi
litigation
cbs
held
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licenses
organizations
television
network
continuous
basis
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late
never
attempted
secure
form
license
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ascap
members
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filed
cbs
charged
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violations
sherman
act
copyright
laws
cbs
argued
ascap
bmi
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monopolies
blanket
license
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fixing
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tying
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deal
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copyrights
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judgment
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defendants
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se
rule
supp
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trial
limited
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liability
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claim
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act
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since
direct
negotiation
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owners
available
feasible
undue
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trade
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district
factfinding
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legal
conclusions
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theories
liability
appeals
held
blanket
license
issued
television
networks
form
price
fixing
illegal
per
se
sherman
act
conclusion
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act
established
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required
reversal
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remand
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se
rule
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ban
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trade
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society
professional
engineers
continental
gte
sylvania
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pac
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se
rule
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ascap
practice
unlawful
answer
question
depends
evaluation
effect
practice
competition
relevant
market
course
well
settled
sales
practice
permissible
small
vendor
least
coercion
present
may
unreasonable
employed
company
dominates
market
therefore
must
consider
record
tells
us
competitive
character
market
iii
market
music
issue
wholly
dominated
blanket
licenses
virtually
every
domestic
copyrighted
composition
repertoire
either
ascap
bmi
virtually
without
exception
means
used
secure
authority
perform
compositions
blanket
license
blanket
license
patently
discriminatory
user
purchases
full
access
ascap
entire
repertoire
even
though
needs
satisfied
far
limited
selection
price
pays
access
unrelated
either
quantity
quality
music
actually
uses
indeed
probably
use
competitive
system
rather
unique
system
price
based
percentage
user
advertising
revenues
measure
reflects
customer
ability
pay
totally
unrelated
factors
cost
quality
quantity
product
normally
affect
price
competitive
market
ascap
system
requires
users
buy
music
want
price
beyond
ability
pay
perhaps
even
beyond
reasonable
access
getting
may
well
far
higher
choose
spend
music
competitive
system
classic
example
economic
discrimination
record
plainly
establishes
price
competition
separate
musical
compositions
blanket
license
expensive
network
play
popular
current
hit
prime
time
use
unknown
composition
background
music
soap
opera
cost
user
unaffected
amount
used
program
programs
user
incentive
economize
example
substituting
otherwise
less
expensive
songs
established
favorites
reducing
quantity
music
used
program
blanket
license
thereby
tends
encourage
use
music
also
larger
share
really
valuable
music
expected
competitive
system
characterized
separate
licenses
since
revenues
passed
composers
basis
reflecting
character
frequency
use
music
tendency
increase
rewards
established
composers
expense
less
well
known
perhaps
prospect
event
unlikely
blanket
license
present
new
songwriter
opportunity
try
break
market
offering
product
sale
unusually
low
price
absence
opportunity
however
unlikely
may
characteristic
cartelized
rather
competitive
market
current
state
market
explained
ground
operate
competitively
issuance
limited
thus
less
restrictive
licenses
ascap
feasible
district
findings
disclose
reason
rights
negotiated
basis
either
composer
publisher
directly
agent
ascap
fact
ascap
compensates
composers
publishers
precisely
bases
distributions
royalties
calculated
basis
difficult
see
royalties
also
collected
way
moreover
record
also
shows
ascap
scheme
govern
competitive
markets
competitive
market
synch
rights
exists
use
blanket
licenses
motion
picture
industry
discontinued
market
promptly
developed
industry
sum
record
demonstrates
market
issue
one
highly
competitive
competitive
iv
since
record
describes
market
competitive
since
market
dominated
two
firms
engaged
single
blanket
method
dealing
surely
seems
logical
conclude
trade
restrained
unreasonably
ascap
argues
however
least
cbs
restraint
since
network
free
deal
directly
copyright
holders
district
found
cbs
failed
establish
compelled
take
blanket
license
ascap
cbs
introduced
evidence
suggesting
significant
number
composers
publishers
satisfied
ascap
system
disinclined
deal
directly
network
found
evidence
unpersuasive
light
cbs
substantial
market
power
music
industry
importance
copyright
holders
network
television
exposure
moreover
arguable
cbs
go
along
television
networks
use
economic
resources
exploit
destructive
competition
among
purveyors
music
driving
price
performance
rights
far
lower
level
none
demonstrates
ascap
practices
lawful
ascap
held
liable
injunctive
relief
cbs
request
fact
cbs
substantial
market
power
deprive
right
complain
trade
restrained
large
buyers
well
small
protected
antitrust
laws
indeed
even
victim
conspiracy
wrongdoer
forfeited
protection
law
moreover
conclusion
excessive
competition
cause
one
side
market
harm
good
may
justify
legislative
exemption
antitrust
laws
constitute
defense
violation
sherman
act
even
though
characterizing
cbs
oligopolist
may
relevant
question
remedy
even
though
free
competition
might
adversely
affect
income
good
many
composers
publishers
considerations
affect
legality
ascap
conduct
basically
ascap
underlying
argument
cbs
must
viewed
acted
complete
freedom
choosing
blanket
license
supported
district
findings
district
find
cbs
cancel
blanket
license
tomorrow
continue
use
music
programming
compete
networks
district
find
course
without
risk
expense
rather
district
finding
within
year
continue
pay
millions
dollars
annual
blanket
license
cbs
able
develop
needed
machinery
enter
necessary
contracts
words
although
barriers
direct
dealing
cbs
alternative
paying
blanket
license
real
significant
insurmountable
far
establishing
ascap
immunity
liability
district
findings
judgment
confirm
illegality
conduct
neither
cbs
user
willing
assume
costs
risks
associated
attempt
purchase
music
competitive
basis
fact
attempt
cbs
break
ascap
monopoly
might
well
succeed
preclude
conclusion
smaller
less
powerful
buyers
totally
foreclosed
competitive
market
despite
size
cbs
may
obtain
music
competitive
basis
without
incurring
unprecedented
costs
risks
fear
unpredictable
consequences
coupled
certain
predictable
costs
delays
associated
change
method
purchasing
music
unquestionably
inhibits
cbs
management
decision
embark
competitive
crusade
even
ascap
offered
cbs
special
bargain
forestall
crusade
special
arrangement
cure
marketwide
restraint
whatever
management
decision
cbs
might
made
perfectly
clear
question
whether
competition
market
unduly
restrained
one
single
company
management
authorized
answer
often
case
arrangement
among
competitors
serve
eliminate
competition
forever
delay
appearance
increase
costs
new
entry
may
well
state
market
even
without
judicial
intervention
ascap
monopoly
might
eventually
broken
cbs
benefits
outweigh
significant
costs
risks
involved
commencing
direct
dealing
hardly
means
policy
issue
lawful
arrangement
produces
marketwide
price
discrimination
significant
barriers
entry
unreasonably
restrains
trade
even
discrimination
barriers
limited
life
expectancy
history
suggests
however
restraints
enduring
character
antitrust
policy
requires
great
aggregations
economic
power
closely
scrutinized
duty
especially
important
aggregation
composed
statutory
monopoly
privileges
cases
repeatedly
stressed
need
limit
privileges
conferred
patent
copyright
strictly
scope
statutory
grant
record
case
plainly
discloses
limits
exceeded
ascap
bmi
exercise
monopoly
powers
far
exceed
sum
privileges
individual
copyright
holders
indeed
ascap
argues
blanket
license
constitutes
product
significantly
different
sum
component
parts
agree
premise
conclude
aggregate
monopolistic
restraint
trade
proscribed
sherman
act
see
new
york
telephone
dayton
board
education
brinkman
massachusetts
mutual
life
ins
ludwig
american
railway
express
see
ante
describing
relief
ordered
appeals
unusual
per
se
case
suggesting
decision
appears
consistent
approach
issues
raised
preserved
throughout
seems
clear
see
cbs
contends
blanket
licensing
method
illegal
blockbooking
practical
terms
coercive
effect
also
illegal
device
per
se
violation
noted
cbs
also
claims
violation
sherman
act
need
go
legal
arguments
point
grounded
factual
claim
barriers
direct
licensing
bypass
ascap
blanket
license
district
noted
rejected
contention
findings
clearly
erroneous
claim
must
therefore
fail
time
record
brief
respondents
supp
sdny
ascap
responded
letter
general
counsel
stating
consider
request
next
board
directors
meeting
regarded
application
license
consistent
decree
letter
bmi
president
stated
bmi
consent
decree
provides
several
alternative
licenses
ready
explore
see
ante
decree
requires
ascap
offer
licenses
alternative
blanket
license
ascap
trade
cases
sdny
analytically
however
little
difference
two
license
also
covers
entire
ascap
repertoire
therefore
simply
miniblanket
license
true
blanket
license
fees
set
way
dependent
quantity
quality
music
used
see
infra
see
ascap
application
national
broadcasting
trade
cases
sdny
see
ascap
application
shenandoah
valley
broadcasting
supp
sdny
aff
cert
denied
mercoid
investment
ethyl
gasoline
international
business
machines
shoe
machinery
indeed
leading
cases
condemning
practice
blockbooking
involved
copyrighted
motion
pictures
rather
patents
see
paramount
pictures
loew
see
tampa
electric
nashville
coal
upholding
requirements
contract
ground
neither
seller
dominant
position
market
standard
fashion
myriad
outlets
substantial
sales
volume
coupled
practice
relying
upon
exclusive
contracts
standard
oil
plainly
restrictive
tying
arrangement
international
salt
publishing
upholding
challenged
advertising
practice
volume
commerce
affected
insignificant
insubstantial
seller
found
occupy
dominant
position
relevant
market
cases
make
clear
violation
sherman
act
requires
volume
commerce
affected
substantial
seller
enjoy
dominant
position
see
proof
actual
compulsion
required
cf
royster
theatres
american
theatres
cert
denied
milwaukee
towne
loew
cert
denied
critical
question
one
likely
practical
effect
arrangement
whether
believes
probable
performance
contract
foreclose
competition
substantial
share
line
commerce
affected
tampa
electric
nashville
coal
supra
majority
opinion
references
ascap
generally
encompass
bmi
well
see
cirace
cbs
ascap
economic
analysis
political
problem
ford
rev
bargain
allows
monopolist
reap
benefits
perfect
price
discrimination
without
confronting
problems
posed
dealing
different
buyers
different
terms
many
years
prior
commencement
action
bmi
fee
amounted
net
receipts
sponsors
certain
specified
deductions
fee
access
ascap
larger
repertoire
set
net
receipts
recent
years
however
cbs
paid
flat
negotiated
fee
rather
percentage
ascap
jt
app
pp
see
cirace
supra
history
indicates
inception
ascap
exhibited
tendency
discriminate
price
license
fee
based
upon
percentage
gross
revenue
discriminatory
grants
number
rights
different
licenses
different
total
dollar
amounts
depending
upon
ability
pay
effectiveness
price
discrimination
significantly
enhanced
blanket
license
ascap
consent
decree
receipt
application
ascap
required
advise
applicant
writing
fee
deems
reasonable
license
requested
parties
unable
agree
fee
within
days
application
applicant
may
apply
district
southern
district
new
york
determination
reasonable
fee
ascap
trade
cases
sdny
bmi
decree
contains
similar
provision
judicial
determination
reasonable
fee
ascap
economic
expert
robert
nathan
unequivocal
point
price
competition
system
separate
musical
compositions
sir
tr
see
determining
royalties
ascap
distinguishes
feature
theme
background
uses
music
amended
decree
requires
ascap
distribute
royalties
basis
gives
primary
consideration
performance
compositions
decree
provided
additional
option
receiving
royalties
deferred
plan
provides
additional
compensation
based
length
membership
recognized
status
individual
works
see
ascap
trade
cases
pp
sdny
see
generally
areeda
turner
antitrust
law
cirace
supra
see
supra
synch
right
right
record
copyrighted
song
synchronization
film
videotape
obtained
separately
right
perform
music
latter
controlled
ascap
bmi
see
cbs
ascap
see
ascap
supp
sdny
see
jt
app
pp
testimony
albert
berman
managing
director
harry
fox
agency
television
synch
rights
movie
performance
synch
rights
handled
fox
agency
serves
broker
thousands
music
publishers
see
see
perma
life
mufflers
international
parts
simpson
union
oil
joseph
seagram
sons
see
national
society
professional
engineers
see
individual
user
transaction
costs
involved
direct
dealing
individual
copyright
holders
may
well
prohibitively
high
least
absence
broker
agency
routinely
handling
requests
moreover
district
found
writers
publishers
support
prefer
ascap
system
direct
dealing
apprehension
direct
dealing
cbs
overcome
district
found
cbs
market
power
importance
television
exposure
similar
conclusion
far
less
likely
respect
users
risks
involved
venture
appear
substantial
one
significant
risk
may
traced
directly
ascap
members
relates
music
music
performed
shows
movies
already
network
inventory
network
must
still
secure
performing
rights
networks
accumulate
substantial
inventories
shows
government
pointed
amicus
curiae
networks
television
stations
discontinue
blanket
license
required
obtain
performance
rights
shows
attempt
create
opportunity
copyright
owners
condition
granting
performing
rights
attempt
obtain
entire
value
shows
produce
words
case
bilateral
monopoly
pricing
indeterminate
bilateral
monopoly
television
networks
terminate
blanket
licenses
concluded
agreement
every
owner
copyrighted
music
allow
future
performance
identified
price
networks
determine
whether
price
sufficiently
low
termination
blanket
license
profitable
prospect
negotiations
offers
copyrights
owners
ability
misuse
rights
way
ensures
continuation
blanket
licensing
despite
change
market
conditions
may
make
forms
licensing
preferable
brief
amicus
curiae