ASCAP Sues Four Radio Groups
• ASCAP, the American Society of Composers, Authors and Publishers, filed infringement suits today against four radio groups which operate a total of 15 stations after what ASCAP says is their continued failure to comply with U.S. copyright law by broadcasting ASCAP songwriter and publisher works without a valid license. The radio groups are: Haugo Broadcasting Inc. (South Dakota), Spoon River Media, LLC (Indiana), Taylor Communications (Mississippi) and Barry Lunderville Radio (New Hampshire).
ASCAP is a membership association that represents more than 1.1 million songwriters, composers and music publishers. ASCAP ensures its members can earn a living from their art by licensing the public performances of their songs, collecting those license fees and distributing royalties to its members. About 90% of the license fees that ASCAP collects are paid to its songwriters, composers and music publishers as royalties.
Paul Williams, ASCAP Chairman of the Board, President and songwriter, commented, “Music is the lifeblood of radio, and the overwhelming majority of radio stations follow the law. As songwriters and composers, we earn our livelihoods through our creative work, and music is how we put food on the table, pay the rent and support our families. Radio station owners know that an ASCAP blanket license allows them to offer music legally, efficiently and at a reasonable price — while compensating music creators fairly.”
Federal copyright law requires broadcasters to obtain permission from copyright owners before playing their music. Most broadcasters across the U.S. license the music they use through an agreement between ASCAP and the Radio Music Licensing Committee (RMLC), which provides industry-negotiated blanket licenses to radio stations and offers access to the more than 20 million works in ASCAP’s repertory for a fair rate calculated as a small percentage of station revenue. However, the defendants have repeatedly refused to renew their licenses and pay the required fees.
Clara Kim, ASCAP EVP & Chief Legal and Business Affairs Officer added, “We don’t take legal action lightly. When a station refuses to pay for the music that makes their business possible, we have a responsibility to our members to take action.”
Despite ASCAP’s good-faith and repeated efforts to work with these broadcasters to find a resolution, the four defendant station groups have been broadcasting music written and published by ASCAP members without authorization or payment for the past several years. Having exhausted all alternatives, ASCAP had no other choice than to terminate each broadcaster’s license and proceed with litigation.
