BLANKET LICENSES SUBJECT TO ADJUSTABLE CARVE-OUTS TO ACCOUNT FOR DIRECT LICENSING WAS PERMISSIBLE

摘要

A consent decree for setting licensing fees for public performance of copyrighted music permitted blanket licenses subject to adjustable carve-outs to account for direct licensing. The request for the blanket license subject to carve-out constituted request not for a new type of license, but for a blanket license with different fee basis, over which the district court had rate-setting authority and which the performing rights organization (PRO) had to offer. See Broadcast Music, Inc. v. DMX Inc., 2012 WL 2123188 (2d Cir. 2012).