Who's Online Now
32 registered members (Deej56, Harriet Ames, Fdemetrio, couchgrouch, E Swartz, Barry David Butler, Dave Rice, Everett Adams, David Snyder, 5 invisible), and 283 guests, and
Key: Admin, Global Mod, Mod
Shout Box
Member Spotlight
Posts: 8,455
Joined: January 2006
Show All Member Profiles 
What's Going On
Real People Songs, Billy Joel
by Fdemetrio. 02/21/18 12:56 AM
The Mrs.
by RainyDayMan. 02/20/18 11:14 PM
Make your mind up
by RainyDayMan. 02/20/18 11:09 PM
This Far
by floyd jane. 02/20/18 11:04 PM
Wandering Eyes. Vic
by E Swartz. 02/20/18 10:51 PM
How Important is Your Talent ?
by Fdemetrio. 02/20/18 08:57 PM
Your Only Fantasy - g.duncan/e.swartz
by E Swartz. 02/20/18 08:19 PM
God Works His Magic
by Barry David Butler. 02/20/18 07:42 PM
Sad Blue Eyes
by RossM. 02/20/18 07:29 PM
My Baby Valentine
by Iggy. 02/20/18 07:25 PM
Maria Blue (a floyd jane co-write)
by Janice & Bud. 02/20/18 03:15 PM
Jersey Country
by Fdemetrio. 02/20/18 03:14 PM
2LT Facebook Page
by Johnny Daubert. 02/20/18 02:52 PM
Any Ideas How to hook up songs with local singers
by Martin Lide. 02/20/18 02:38 PM
Every Day She Touches Turns to Gold
by Fdemetrio. 02/20/18 02:35 PM
Pick and Choose Your Battles
by Fdemetrio. 02/20/18 02:13 PM
Urban Poetry
by Fdemetrio. 02/20/18 02:07 PM
How to Walk a Girl Home
by couchgrouch. 02/20/18 01:27 PM
This Hurry Up World
by beechnut79. 02/20/18 12:46 PM
Mud Runners[
by beechnut79. 02/20/18 12:45 PM
No One Else Can Do That For You
by beechnut79. 02/20/18 12:43 PM
Holocaust / Never Again
by beechnut79. 02/20/18 12:38 PM
McCrea, Owen and Sassoon. (REWRITE)
by Vicarn. 02/20/18 11:34 AM
Dandelion Wine
by Janice & Bud. 02/20/18 10:50 AM
It Won't Be Very Long
by Janice & Bud. 02/20/18 10:01 AM
I'm A Teacher
by Barry David Butler. 02/20/18 08:53 AM
PORTMEIRION
by Travis david. 02/20/18 08:42 AM
AMA - How to get gigs? Ask me anything
by Sue Rarick. 02/20/18 08:33 AM
Breaks to Gray
by Travis david. 02/20/18 06:08 AM
NEW MEMBERS CHECK HERE
by Brian Austin Whitney. 02/20/18 12:01 AM
Top Posters(All Time)
Calvin 19,365
Travis david 10,570
Kevin Emmrich 10,535
Jean Bullock 10,330
Kaley Willow 10,240
Two Singers 9,571
Joice Marie 9,186
Mackie H. 8,751
Mike Dunbar 8,574
glynda 8,572
Tricia Baker 8,318
Colin Ward 7,866
Corey 7,357
couchgrouch 7,255
Wyman Lloyd 6,578
Dave Rice 6,434
Mark Kaufman 6,429
Joe Wrabek 6,400
ben willis 6,090
Lynn Orloff 5,788
Louis 5,718
Linda Sings 5,604
Vicarn 5,449
niteshift 5,353
KimberlyinNC 5,210
Derek Hines 4,893
DonnaMarilyn 4,610
Blake Hill 4,528
Bob Cushing 4,351
Neil Cotton 4,273
Bill Osofsky 4,199
Cindy Miller 4,178
Tom Shea 4,173
TamsNumber4 4,005
nightengale 3,965
Roy Cooper 3,914
Caroline 3,865
Kolstad 3,770
Dan Sullivan 3,710
MFB III 3,687
Dottie 3,427
joewatt 3,411
beechnut79 3,320
Bill Cooper 3,279
John Hoffman 3,199
E Swartz 3,038
Skip Johnson 3,027
Pam Hurley 3,007
Terry G 3,005
PopTodd 2,877
Harriet Ames 2,868
Nigel Quin 2,802
MidniteBob 2,706
Tom Tracy 2,558
Polly Hager 2,526
Jerry Jakala 2,524
Al Alvarez 2,499
Nelson 2,496
Eric Thome 2,448
Hummingbird 2,401
Stan Loh 2,263
Sam Wilson 2,241
Judy Hollier 2,232
Erica Ellis 2,202
Wendy D 2,177
TrumanCoyote 2,096
Marty Helly 2,012
DukeWill 1,984
Ray Thyer 1,929
Clint Anglin 1,904
cindyrella 1,888
David Wright 1,866
Clairejeanne 1,851
Cindy LaRosa 1,824
maccharles 1,816
floyd jane 1,755
Ronald Boyt 1,675
Noel Downs 1,620
Iggy 1,612
Cal 1,574
Rick Heenan 1,566
Jack Swain 1,554
Pete Larsen 1,537
Ann Tygart 1,529
Tom Breshers 1,487
RogerS 1,454
Tom Franz 1,452
Ralph Blight 1,440
Chuck Crowe 1,435
Kenneth Cade 1,429
Rick Norton 1,428
bholt 1,411
Letha Allen 1,406
in2piano 1,404
Stan Simons 1,402
mattbanx 1,384
Jen Shaner 1,373
Charlie Wong 1,347
KevinP 1,324
Vondelle 1,316
Tom W. 1,313
Jan Petter 1,301
scottandrew 1,292
Janice & Bud 1,275
GocartMoz 1,268
DakLander 1,265
Ian Ferrin 1,230
PeteG 1,228
Glen King 1,210
IdeaGuy 1,209
AaronAuthier 1,177
Diane Ewing 1,158
summeoyo 1,085
Gerry 1,082
BobbyJoe 1,075
joro 1,056
S.DEE 1,040
yann 1,037
Tony A 1,016
argo 986
peaden 984
lane1777 980
Wolvman 960
IronKnee 912
Jak Kelly 912
krtinberg 890
Drifter 886
Petra 883
RJC 845
Brenda152 840
Nadia 827
Juan 797
TKO 784
frahmes 781
teletwang 762
90 dB 745
tbryson 737
Andy Kemp 733
Andy K 733
ant 728
Jackie444 722
3daveyO3 704
Dayson 703
Dixie 701
Joy Boy 695
Knute 686
Lee Arten 678
9ne 671
Katziis 652
R.T.MOORE 638
quality 637
CG King 622
douglas 621
Mel 614
NaomiSue 601
Pat Hardy 596
Shandy 589
Ria 587
TAMERA64 583
qbaum 570
nitepiano 565
pRISCILLA 556
Tink2 553
Irwin 541
musica 539
deanbell 528
RobertK 527
Roderic 522
Moosesong 521
BB Wilbur 511
goodfolks 499
Zeek 487
Stu 486
Steve P. 481
Deej56 468
KathyW 462
allenb 459
MaxG 458
Philjo 454
R&M 448
fanito 448
trush48 448
dmk 442
arealrush 437
DGR 436
avweek 435
Stephen D 433
Emmy 431
Rob L 426
marquez 422
kit 419
Softkrome 417
kyrksongs 415
RRon 408
Laura G. 407
VNORTH 407
Debra 407
eb 406
cuebald 399
EdPerrone 399
Dannyk1 395
Hobart 395
Davyboy49 393
Smile 389
GJShades 387
Ezt 384
tone 380
Marla 380
iggyiggy 378
Cecilee 378
coalminer 377
java 374
spidey 371
sweetsong 370
danny 367
Jim Ryan 360
papaG 353
Alek 352
Z - man 350
John K 348
JamesDF5 347
Jaden 344
ddreuter 341
TheBaz 340
Steggy 339
leif 339
tonedeaf 336
rickwork 334
Eddie Ray 332
Johnboy 328
Bob Lever 328
Helicon1 327
lucian 326
Muskie 321
kc 319
Z. Mulls 318
ptondreau 313
ONOFFON 312
Chris B. 310
trush 304
ed323 297
Ellen M 293
lizzorn 291
nicnac49 290
pomeranj 289
Char 286
ktunes 285
mastrose 280
pammie 279
Register Today!
Welcome to the Just Plain Folks forums! You are currently viewing our forums as a Guest which gives you limited access to most of our discussions and to other features.

By joining our free community you will have access to post and respond to topics, communicate privately with our users (PM), respond to polls, upload content, and access many other features. Registration is fast, simple, and absolutely free; so please join our community today!
Previous Thread
Next Thread
Print Thread
Rate This Thread
#1127879 - 05/19/17 11:58 AM BMI - DOJ litigation info  
Joined: Aug 2006
Posts: 974
David Gill Offline
Top 500 Poster
David Gill  Offline
Top 500 Poster

Joined: Aug 2006
Posts: 974
Buffalo, NY
Received the following via email. Thought I'd share.


Dear BMI member,

As you know, BMI has been engaged in ongoing litigation with the U.S. Department of Justice (DOJ) over its interpretation of our consent decree. Last summer, the DOJ wanted to implement a 100% licensing model, which BMI fought against in court and won. In a victory for the entire music industry, federal Judge Louis Stanton ruled that BMI is free to continue its longstanding practice of fractional licensing. We expected the DOJ to appeal that decision, and they did. Today, the DOJ moved that effort forward by filing a brief in support of its appeal.

We were ready for this development and are well prepared to once again fight on your behalf to protect your rights, royalties and creative freedom. The DOJ's action today is part of the standard appeals process and BMI's next step will be to file our response sometime before the fall. We expect this process to continue into 2018, and we will of course, keep you updated.

We believe Judge Stanton's decision is correct and will vigorously defend our position. However, please know that if we ultimately have to operate in a 100% licensing world, we will make it work on our end, without changing how you create music and conduct business. We just don't believe we should have to or that our consent decree requires us to.

Below is my statement to the press regarding today's brief:

While we are not surprised the DOJ chose to pursue its appeal, we still hope for the opportunity to sit down with the new administration and educate it about the chaos that would result in the marketplace if the DOJ's interpretation of BMI's consent decree were implemented. The DOJ's 100% licensing position, an entirely new interpretation never raised by the Department before, unfairly advantages music users at the expense of the American songwriter and upends a longstanding industry practice that has worked effectively for decades. We believe Judge Stanton's decision is correct and look forward to vigorously defending our position in the Court of Appeals for the Second Circuit.

Mike O'Neill
BMI President & CEO


"Where there's a Gill, there's a way"
#1127880 - 05/19/17 12:22 PM Re: BMI - DOJ litigation info [Re: David Gill]  
Joined: Feb 2005
Posts: 6,434
Dave Rice Online content
Top 40 Poster
Dave Rice  Online Content
Top 40 Poster

Joined: Feb 2005
Posts: 6,434
Texas
Hi David:

Thanks for sharing. Hats off to BMI for standing up to a bunch of career lawyers going out on a limb for some special interest party. I'm hoping the new administration will stop this kind of activity because Songwriters and Artists are being squeezed more with each passing day... and each new regulation designed to pick our already bare pockets.

If my memory is correct, ASCAP joined the suit or provided "friend of the defense" support.

Regards, ----Dave

#1127888 - 05/20/17 06:18 AM Re: BMI - DOJ litigation info [Re: David Gill]  
Joined: Aug 2002
Posts: 6,351
Everett Adams Online content
Top 40 Poster
Everett Adams  Online Content
Top 40 Poster

Joined: Aug 2002
Posts: 6,351
,NL Canada
Not sure how this 100% licensing would work. Would it be forced upon writers, artist, publishers, etc.? confused

#1127890 - 05/20/17 10:13 AM Re: BMI - DOJ litigation info [Re: David Gill]  
Joined: Jan 2009
Posts: 4,901
Marc Barnette Offline
Top 50 Poster
Marc Barnette  Offline
Top 50 Poster

Joined: Jan 2009
Posts: 4,901
Nashville, Tn.
Everett,

Yes, it would be forced on everyone. One PRO would be licencing the song. Which would mean in places like Nashville, it would probably end co-writes between people of different PRO's. SESAC people would only write with SESAC people, ASCAP with ASCAP people, BMI with BMI people, etc. In places where there is only one PRO, it probably wouldn't have much affect Just another wrinkle in a business that is all running so perfectly. Just one more hurdle to deal with in a business that is nothing BUT hurdles.

MAB

Last edited by Marc Barnette; 05/20/17 10:15 AM.
#1127893 - 05/20/17 10:27 AM Re: BMI - DOJ litigation info [Re: David Gill]  
Joined: Aug 2007
Posts: 917
Martin Lide Online content
Top 500 Poster
Martin Lide  Online Content
Top 500 Poster

Joined: Aug 2007
Posts: 917
Houston, Texas
Does anyone know why the DOJ took and pursued the position that they did?

#1127922 - 05/21/17 08:51 PM Re: BMI - DOJ litigation info [Re: David Gill]  
Joined: Feb 2005
Posts: 6,434
Dave Rice Online content
Top 40 Poster
Dave Rice  Online Content
Top 40 Poster

Joined: Feb 2005
Posts: 6,434
Texas
Hi Martin:

It began (along with a great deal of anti-songwriting stuff) during the previous administration. Even the Copyright Office had it's head replaced by someone not yet proven to be reliable or capable.

I don't know where all of this will end... but our current administration is being kept busy putting out fires being set by media unfriendly to Trump.
Politics seems to have become a really ugly thing.

----Dave

#1133849 - 12/20/17 10:57 AM Re: BMI - DOJ litigation info [Re: David Gill]  
Joined: Aug 2006
Posts: 974
David Gill Offline
Top 500 Poster
David Gill  Offline
Top 500 Poster

Joined: Aug 2006
Posts: 974
Buffalo, NY
UPDATE!! Good news!! WOO HOO!!


Dear BMI Affiliate,

I have incredible and important news to share as we head into the holidays. BMI has prevailed over the U.S. Department of Justice (DOJ) and has won the consent decree battle.

Today, the Court of Appeals for the Second Circuit ruled against the DOJ and affirmed BMI's consent decree victory. The Second Circuit agreed with Judge Louis L. Stanton's September 16, 2016 decision that the BMI consent decree allows for the practice of fractional licensing.

As you know, this has been a lengthy process during which BMI vigorously defended Judge Stanton's original ruling, which we maintained was the correct interpretation of our consent decree from the start. Today's decision means that BMI can continue to license as it always has - giving our licensees whatever interest (full-work or fractional) has been given to us by our affiliates. Other than the possibility of a request by the DOJ to appeal to the U.S. Supreme Court, acceptance of which by the Supreme Court is statistically highly unlikely, this brings this litigation to a close.

We are extremely proud to have achieved this win on your behalf and to have eliminated the chaos that would have ensued in the marketplace under a 100% licensing model. We thank you for your support throughout this process and we are sharply focused on our original goals of modernizing music licensing for the 21st century and ensuring fair compensation for the use of your creative works in today's marketplace.

Below is the press statement that was issued today:

"This is a massive victory for songwriters, composers, music publishers and the entire industry. We have said from the very beginning that BMI's consent decree allowed for fractional licensing, and we are incredibly gratified that Judge Stanton and the Second Circuit agreed with our position. We thank all the songwriters, composers, publishers and organizations who supported us throughout this process, which unfortunately, has been a nearly two-year distraction from our original intent which was to update our outdated consent decree and modernize music licensing. We look forward to our continued efforts to protect and grow the value of music."

Best regards,

Mike O'Neill
President & CEO
BMI


"Where there's a Gill, there's a way"
#1133860 - 12/20/17 05:09 PM Re: BMI - DOJ litigation info [Re: David Gill]  
Joined: Feb 2005
Posts: 6,434
Dave Rice Online content
Top 40 Poster
Dave Rice  Online Content
Top 40 Poster

Joined: Feb 2005
Posts: 6,434
Texas
Thanks for sharing this good news, David.

I'm a member of ASCAP but all of us associated with any PRO organization should be ecstatic about this decision. The value of music has been marginalized to the point that most of us cannot even dream of earning a living doing what we love, whether it be performing, writing, playing in the band or as a solo act... or anything associated with music creation. This little victory helps keep the door open a bit wider... and I am grateful.

Regards and Merry Christmas, ----Dave


Support Just Plain Folks

We would like to keep the membership in Just Plain Folks FREE! Your donation helps support the many programs we offer including Road Trips and the Music Awards.


Membership
Join Just Plain Folks
to receive the free
JPNotes Newsletter!
*this is separate from
message board registration*

Newest Members
dironmills, antrikshbali, JameyStenson, playmoregigs, dariojohn
21005 Registered Users
Forum Statistics
Forums116
Topics117,622
Posts1,107,981
Members21,005
Average Posts Daily73
Most Online1,506
Mar 16th, 2017
Just Plain Quotes
"The great thing about a dream come true, is that it is born with a great appetite. That appetite keeps it growing and evolving and it swallows up all those other dreams you have and spits them back out as reality as well." -Brian Austin Whitney
Today's Birthdays
No Birthdays
Popular Topics(Views)
Powered by UBB.threads™ PHP Forum Software 7.6.0