On Wednesday (June 5), the Justice Department opened a formal review and request for comment of music licensing consent decree rules that have been in place since 1941. The review of the consent decrees that rule music licensing for two of the industry’s dominant performing rights organization powerhouses—ASCAP and BMI—is also part of a broader examining of consent decrees that exist in several industries. ASCAP and BMI license approximately 90 percent of music in the United States.

The consent decrees were put in place to prevent anticompetitive behaviors and determine sensible licensing rates. The ASCAP consent decree was modified in 2001 and the BMI consent decree was modified in 1994. The decrees require ASCAP and BMI to issue licenses covering all works in their repertory upon request from music users. If the parties are unable to agree on an appropriate price for a license, the decrees provide for a “rate court” proceeding in front of a U.S. district judge. Neither decree contains a termination date.

However, the way music is consumed and valued in the marketplace has changed drastically since the consent decrees were established, especially with the domination of music streaming. Many publishers, songwriters and other music industry members have criticized the longstanding decrees, stating that they limit the ability of songwriters and publishers to obtain their own licensing agreements that could result in higher revenues in a free marketplace.

With the opening of the longstanding decrees to review, the Justice Department can now choose to either leave the consent decrees in place, modify the current regulations, or terminate them.

“The ASCAP and BMI decrees have been in existence in some form for over seventy-five years and have effectively regulated how musicians are compensated for the public performance of their musical creations,” said Makan Delrahim, Assistant Attorney General for the Antitrust Division. “There have been many changes in the music industry during this time, and the needs of music creators and music users have continued to evolve. It is important for the Division to reassess periodically whether these decrees continue to serve the American consumer and whether they should be changed to achieve greater efficiency and enhance competition in light of innovations in the industry.”

“Thanks to the DOJ’s review, we now have the unique opportunity to reimagine the music marketplace in today’s digital age. A more flexible framework with less government regulation will allow us to compete in a free market, which we believe is the best way for our music creators to be rewarded for the value of their music. A free market would level the playing field, encourage competition and allow us to innovate on behalf of music creators and licensees alike, while ensuring fair compensation for songwriters,” said ASCAP Chief Executive Officer Elizabeth Matthews.

“The DOJ’s long-anticipated review of the BMI and ASCAP consent decrees and call for public comment represent an opportunity to do what BMI has been advocating for years—modernize music licensing. BMI and ASCAP have already issued an open letter in which we share a proposed solution for the industry that will benefit music creators and licensees alike. We look forward to working with the DOJ, licensees and our other music partners to help ensure a smooth process that safeguards a vibrant future for music,” said BMI in a statement.

“Today’s announcement by the U.S. Department of Justice calling for a review the ASCAP and BMI consent decrees comes on the heels of very important positive changes already made in the way ASCAP and BMI’s songwriter performance royalties are determined,” said the Nashville Songwriters Association International (NSAI) in a statement. “Those changes, adopted as part of the Music Modernization Act (MMA), will likely result in ASCAP and BMI rate courts setting rates that more closely approximate fair market value.  We hope all stakeholders will  draw lessons from working together to pass the MMA and participate in a deliberate and thorough exercise of examining the decrees while working toward consensus solutions. The goal should be fairly compensating songwriters and developing a vibrant music marketplace for all interested parties.”

“We welcome the Department’s review of the burdensome regulations which have unfairly devalued the work of thousands of songwriters for far too long,” said NMPA’s President/CEO David Israelite. “While the Music Modernization Act included necessary improvements to the ASCAP and BMI consent decrees, there is much more that must be done to modernize the licensing system. We look forward to contributing to this examination and our hope is that DOJ thoughtfully deliberates and that this process produces a better, fairer climate for people to create the music that so many businesses need to be successful.”

The Antitrust Division has posted an invitation for public comment on its website, and has invited publishers, songwriters, licensees and other industry stakeholders to provide comments relevant to whether the ASCAP and BMI decrees should be updated, terminated or remain unchanged. The period for public comment ends July 10, 2019.

Country trio Midland earned a chart-topping country album with their debut On the Rocks, along with a Grammy nod for Best Country Performance by a Duo or Group, as well as Best Country Song (for their hit “Drinkin’ Problem”). They were also honored with the ACM New Vocal Duo or Group of the Year award in 2018.

The trio returns Aug. 23 with their sophomore album Let It Roll. Produced by Dann Huff, Shane McAnally and Josh Osborne, the new album returns to the neo-traditional country sounds that made Midland’s Mark Wystrach, Cameron Duddy and Jess Carson gain a buzz at country radio.

ole Media Management has changed its name to Anthem Entertainment.

The Canadian company’s ownership, staff and offices will remain the same, as will all sub-brands (Cavendish Music, Compact Media, Jingle Punks and 5 Alarm Music). As part of the rebranding, Anthem has also revealed their new company logo and website.

“As the company heads into its 15th year, we are celebrating the building of our successful independent global content creation and entertainment services platform. It is also important to stop and reassess our mission, values and our name,” said Helen Murphy, CEO, Anthem Entertainment. “Looking forward, I want the name of our company to more easily identify with who we are and what we do. We have grown from a small music publishing company to a large independent producer of content and entertainment services platform. Along the way, we have expanded and now have deep roots in music, film, and television.”

Anthem Records launched 42 years ago. As part of the acquisition of Rush masters and publishing in 2015, the company acquired The Anthem Entertainment Group, including the Canadian label Anthem Records that was founded by artist manager Ray Danniels in 1977, as well as Anthem Film & Television Productions. Anthem Entertainment is home to the legendary band Rush, Big Wreck, Max Webster, Kim Mitchell, and many more musicians and singers.

“It’s an honour to witness this rebranding,” said Danniels. “When I started out, I never envisioned that 42 years later, the name would become a platform for such a large international company. When we went through the acquisition process, we had a preference to keep the catalogues with a Canadian company, so this makes it even more satisfying. I wish Anthem Entertainment and Helen Murphy the continued success they deserve in the future.”

The company includes a music publishing division, recorded music label, production music division, and a leading film and television audio-visual secondary rights (AVSR) management company. Anthem Entertainment operates offices in New York, Los Angeles, London, Nashville and Toronto with a team of approximately 200 dedicated industry professionals.

Sheryl Crow. Photo: John Shearer/Getty Images for The Valory

Sheryl Crow has teamed with Maren Morris and Stevie Nicks for a sunny, confident new track “Prove You Wrong.”

I’ve got my mind made up and my high heels on/It wouldn’t take much to prove you wrong, the three artists sing, trading lines on the track, a lighthearted take on a song that sets out to prove a heartbreak keep them “in a bed of tears.”

According to a tweet Crow sent out, the jangly, uptempo piece also features some high-powered musicians, including Vince Gill, the Eagles’ Joe Walsh and guitarist Waddy Wachtel.

The track marks the latest release from Crow, following the gritty reworking of “Redemption Day” featuring vocals from Johnny Cash, and its follow up “Live Wire,” which features  Bonnie Raitt and Mavis Staples. The tracks are all from Crow’s upcoming Big Machine Records duets album, Threads, slated for release later this year.