United States Second Circuit

In a dispute over the royalty owed for a blanket public performance license for music in the ASCAP repertory that was embodied in television and radio content to be delivered to viewers and listeners using mobile telephones, the district court's rate formulation and resulting royalty award are affirmed, where: 1) it appropriately used as a revenue base the wholesale price for the musical content; 2) there was no requirement that the district court explicitly engage in a testing of the fee resulting from its formula; and 3) the district court did not err by construing the license to exclude content acquired by others but streamed to customers using the appellee's back-end technology infrastructure.

Appellate Information

• Decided 05/22/2012
• Published 05/22/2012

Judges

Court

• United States Second Circuit

Counsel