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DMX Wins Battle over ASCAP for Direct Music Licensing

By Allison Frankel
December 28, 2010

Last July, Muzak competitor DMX and its Weil, Gotshal & Manges lawyers won a licensing fee ruling against Broadcast Music Inc. that had the potential to revolutionize the background music industry. See, Broadcast Music Inc. v. DMX Inc., 08 Civ. 216(LLS) (2010). Now the revolution continues: U.S. District Judge Denise Cote of the Southern District of New York has ruled that DMX must pay the American Society of Composers, Authors and Publishers (ASCAP) a fee of only $13.74 to license ASCAP music in each of the 95,000 stores, restaurants and other locations that DMX supplies with background music. ASCAP wanted DMX to pay almost $50 per location. In re Application of THP Capstar Acquisition Corp., 09 Civ. 7069(DLC).

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