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AMERICAN SOC. OF COMPOSERS v. SHOWTIME

No. 1400, Docket 90-6034.

912 F.2d 563 (1990)

AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Appellant, v. SHOWTIME/THE MOVIE CHANNEL, INC., Applicant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 27, 1990.

Attorney(s) appearing for the Case

Jay Topkis, New York City (Simon H. Rifkind, Allan Blumstein, David E. Nachman, Gidon M. Caine, Daniel McNeel Lane, Jr., Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for appellant.

R. Bruce Rich, New York City (Kenneth L. Steinthal, Evie C. Goldstein, Jonathan T. Weiss, Weil, Gotshal & Manges, New York City, on the brief), for applicant-appellee.

Before FEINBERG, NEWMAN and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

In 1941, the Government settled its antitrust suit against the American Society of Composers, Authors and Publishers (ASCAP) with the entry of a consent decree.1 As amended in 1950, the consent decree requires ASCAP to offer users of music a so-called "blanket license," the non-exclusive right to perform any music in the ASCAP repertory.2

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