Performing Rights Organizations (PROs) control the rights to nearly every song in America generating revenues exceeding $1 Billion. The American Society of Composers (ASCAP) and Broadcast Music Inc. (BMI) are the two main PRO’s in the United States.
A long history of anticompetitive behavior resulted in ASCAP and BMI entering into antitrust consent decrees with the DoJ, dating back to 1941, which allowed ASCAP and BMI to maintain their monopolies in exchange for restraints on their ability to manipulate prices through coordination and other anticompetitive actions. Succinctly stated, the consent decrees require the two largest performing-rights organizations to provide a license to licensees upon request, prohibits discrimination between similarly situated licensees, and in the absence of private-market agreements on rates and terms, provides a rate-court process to settle disputes.