BMI Appeals DMX Rate Court Decision
August 25, 2010 at 7:38 AM (PT)
BMI has filed an appeal of the DMX decision issued by Judge LOUIS STANTON, BMI’s rate-court judge to the UNITED STATES Court of Appeals for the Second Circuit. BMI’s appeal on behalf of its songwriters, composers and music publishers will seek reversal of a court decision that, according to DMX’s outside counsel, will allow DMX to "pay fees approximately 65% lower than those sought by BMI."
"On behalf of our songwriters, composers and music publishers, we will not allow this ruling to stand without an appeal," said BMI Pres./CEO DEL BRYANT. "Our writers and publishers should not be expected to lose more than half of their income from DMX based on the court’s erroneous holdings, which substantially reduce the value of their creative efforts."
The DMX direct-license agreements provided for a $25 annual per-location license fee (for both BMI and ASCAP music). The prevailing market rate before the court decision for both BMI and ASCAP music was more than $77 per location -- more than three times the reduced value set by the court.
The appeal is expected to be taken up by the Court before the end of 2010.