· 8/27/1990
American Society of Composers, Authors and Publishers v. Showtime/the Movie Channel, Inc., Applicant-Appellee
Citations
- 912 F.2d 563
- 16 U.S.P.Q. 2d (BNA) 1026
- 1990 U.S. App. LEXIS 15106
- 1990 WL 122226
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “context” of 1950 Decree reflects intent to “disinfect” ASCAP “as a potential combination in restraint of trade____”
- noting that “as a potential combination in restraint of trade, ASCAP has been disinfected by the [consent] decree’ ” (internal quotation marks and citation omitted) (alteration in original)
- sustaining the lower court's factual findings, which included the consideration of evidence from settlement negotiations, of what constituted a \reasonable\ market license rate
- the court may “receive and weigh evidence that [a licensee] thought it was paying a high price for the blanket license but was willing to do so because it felt it had no choice.”
- the blanket license fee must reflect the extra benefits of a blanket license
- the blanket license fee must reflect the extra benefits of a blanket license
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Newman, Cardamone
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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