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U.S. v. AMERICAN SOC. OF COMPOSERS, AUTHORS & PUB.

Civ. No. 13-95 (WCC).

782 F.Supp. 778 (1991)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Defendants. In The Matter of the Application of TURNER BROADCASTING SYSTEM, INC., Applicant, For The Determination of Reasonable License Fees. In the Matter of the Applications of USA NETWORK, Lifetime Television, the Discovery Channel, the CBN Family Channel, Black Entertainment Television, Inc., Arts & Entertainment Cable Network, the Disney Channel, Home Box Office, Inc., Showtime Networks Inc., MTV Networks, Inc., Opryland USA, Inc., Playboy Video Entertainment Group, Inc., American Movie Classics Company, Sportschannel Prism Associates, Bravo Company and Country Music Television, Inc., Applicants, For Licenses for their Cable Program Services.

United States District Court, S.D. New York.

Corrected August 6, 1991.

Memorandum of Court's Rationale for Final Order and Judgment August 8, 1991.

Order and Judgment August 8, 1991.

Attorney(s) appearing for the Case

Bruce D. Sokler, Mintz, Levin, Cohn, Ferris, Glovky and Popeo, P.C., Washington, D.C., David Dunn, Davis, Markel & Edwards, New York City, for applicant Turner.

Jay Topkis, Allan Blumstein, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for ASCAP.

R. Bruce Rich, Evie C. Goldstein, Weil, Gotshal & Manges, New York City, for USA Network, Showtime, the Movie Channel, MTV, Lifetime TV, Discovery, CBN, Playboy and Black Entertainment.

Robert D. Joffe, Cravath, Swaine & Moore, New York City, for HBO.

Alan J. Hartnick, R. Charles Wright, Colton, Hartnick, Yamin & Sheresky, New York City, for Arts and Entertainment Cable Network.

Henry Ratner, Woodbury, N.Y.

Peter Shukat, Shukat & Hafer, New York City.

Allen H. Arrow, Arrow, Edelstein & Larid, P.C., New York City.

MEMORANDUM AND ORDER

MICHAEL H. DOLINGER, United States Magistrate Judge:

This proceeding is an outgrowth of certain provisions of a Consent Decree (the "Decree") originally entered into in 1941 by the United States Department of Justice and the American Society of Composers, Authors and Publishers ("ASCAP"). The Decree, as amended in 1950, regulates the manner in which ASCAP licenses for public performance the copyrighted music of its members.

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