Broadcast Music, Inc. V. CBS, Inc.
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Broadcast Music, Inc. V. CBS, Inc.
''Broadcast Music Inc. v. Columbia Broadcasting System Inc.'', 441 U.S. 1 (1979), was an important antitrust case decided by the Supreme Court of the United States. Background The TV network CBS (also, at the time, owner of Columbia Records) filed an antitrust suit against licensing agencies alleging that the system by which these agencies received fees for the issuance of blanket licenses to perform copyrighted musical compositions amounted to illegal price fixing. The basic question in the case is "whether the issuance by ASCAP and BMI to CBS of blanket licenses to copyrighted musical compositions at fees negotiated by them is price fixing per se unlawful under the antitrust laws." Judgment The Supreme Court held that blanket licenses issued by ASCAP and BMI did not necessarily constitute price fixing. The judgment, delivered by White J, was unanimous in holding that such practice should instead be examined under the rule of reason to determine if it is unlawful. Stevens J a ...
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2d Cir
D, or d, is the fourth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''dee'' (pronounced ), plural ''dees''. History The Semitic letter Dāleth may have developed from the logogram for a fish or a door. There are many different Egyptian hieroglyphs that might have inspired this. In Semitic, Ancient Greek and Latin, the letter represented ; in the Etruscan alphabet the letter was archaic, but still retained (see letter B). The equivalent Greek letter is Delta, Δ. Architecture The minuscule (lower-case) form of 'd' consists of a lower-story left bowl and a stem ascender. It most likely developed by gradual variations on the majuscule (capital) form 'D', and today now composed as a stem with a full lobe to the right. In handwriting, it was common to start the arc to the left of the vertical stroke, resulting in a serif at the top of the arc. This serif w ...
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US Antitrust Law
In the United States, antitrust law is a collection of mostly federal laws that regulate the conduct and organization of businesses to promote competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. These acts serve three major functions. First, Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Second, Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. Third, Section 2 of the Sherman Act prohibits monopolization. Federal antitrust laws provide for both civil and criminal enforcement. Civil antitrust enforcement occurs through lawsuits filed by the Federal Trade Commission, the United States Department of Justice Antitrust Division, and priva ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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CBS Television Network
CBS Broadcasting Inc., commonly shortened to CBS, the abbreviation of its former legal name Columbia Broadcasting System, is an American commercial broadcast television and radio network serving as the flagship property of the CBS Entertainment Group division of Paramount Global. Its headquarters is at the CBS Building in New York City. It has major production facilities and operations at the CBS Broadcast Center and the headquarters of owner Paramount Global at One Astor Plaza (both also in that city) and Television City and the CBS Studio Center in Los Angeles. It is also sometimes referred to as the Eye Network in reference to the company's trademark symbol which has been in use since 1951. It has also been called the Tiffany Network which alludes to the perceived high quality of its programming during the tenure of William S. Paley. It can also refer to some of CBS's first demonstrations of color television, which were held in the former Tiffany and Company Building in New ...
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United States Antitrust Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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1979 In United States Case Law
Events January * January 1 ** United Nations Secretary-General Kurt Waldheim heralds the start of the ''International Year of the Child''. Many musicians donate to the ''Music for UNICEF Concert'' fund, among them ABBA, who write the song ''Chiquitita'' to commemorate the event. ** The United States and the People's Republic of China establish full Sino-American relations, diplomatic relations. ** Following a deal agreed during 1978, France, French carmaker Peugeot completes a takeover of American manufacturer Chrysler's Chrysler Europe, European operations, which are based in United Kingdom, Britain's former Rootes Group factories, as well as the former Simca factories in France. * January 7 – Cambodian–Vietnamese War: The People's Army of Vietnam and Vietnamese-backed Kampuchean United Front for National Salvation, Cambodian insurgents announce the fall of Phnom Penh, Cambodia, and the collapse of the Pol Pot regime. Pol Pot and the Khmer Rouge retreat west to an area ...
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Estate Of Martin Luther King, Jr
Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representative bodies of the estates of the realm *** Estates General, a supra-regional gathering of representatives of the estates of the realm * Estate in land * Estate (land), the grounds and tenancies (such as farms, housing, woodland, parkland) associated with a very large property ** Housing estate, a group of houses built as a single development. ** Industrial estate (office park) and trading estate; property planned and sub-let for industrial and commercial use. ** Real estate or real property ***Estate agent or real estate agent * Literary estate, the intellectual property of a deceased author, or the executor thereof Automobiles and technology * Estate car (station wagon), a passenger car with a full-size interior cargo compartment * Buick ...
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Westmoreland V
Westmoreland or Westmorland may refer to: Places *Westmoreland County, New South Wales, Australia *Westmorland County, New Brunswick, Canada *Westmorland Parish, New Brunswick, Canada *Westmoreland Parish, Jamaica *Westmorland, New Zealand, a suburb of Christchurch, New Zealand *Westmorland, a historic county in England *Westmorland and Furness, a unitary authority area in England United States * Westmorland, California, or Westmoreland * Westmoreland, Kansas * Westmoreland, New Hampshire * Westmoreland, New York, a town ** Westmoreland (CDP), New York, a census-designated place in the town * Westmoreland, Queens, New York City * Westmoreland, Tennessee * Westmoreland, West Virginia * Westmoreland County, Pennsylvania * Westmoreland County, Virginia * Westmoreland (Toledo, Ohio), a neighborhood * Westmoreland, Portland, Oregon * Westmoreland City, Pennsylvania * State of Westmoreland (1784 failed proposal) Electoral districts *Westmorland (electoral district), a federal electo ...
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Rule Of Reason
The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law. While some actions like price-fixing are considered illegal ''per se'''', ''other actions, such as possession of a monopoly, must be analyzed under the rule of reason and are only considered illegal when their effect is to unreasonably'' '' restrain trade. William Howard Taft, then Chief Judge of the Sixth Circuit Court of Appeals, first developed the doctrine in a ruling on ''Addyston Pipe and Steel Co. v. United States, ''which was affirmed in 1899 by the Supreme Court. The doctrine also played a major role in the 1911 Supreme Court case '' Standard Oil Company of New Jersey v. United States.'' History Upon its development some critics of ''Standard Oil'', including the lone dissenter Justice John Marshall Harlan, argued that ''Standard Oil'' and its rule of reason were a departure from previous Sherman Act case law, which purportedl ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Illegal Per Se
In US law, the term illegal ''per se'' means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of ''scienter'' (knowledge) or other defenses. Acts are made illegal ''per se'' by statute, constitution or case law. Drunk driving Many drunk driving laws make driving with a blood alcohol content over a certain limit (such as 0.05% or 0.08%) an act which is illegal ''per se''. Antitrust In the United States, illegal ''per se'' often refers to categories of anti-competitive behavior in antitrust law conclusively presumed to be an "unreasonable restraint on trade" and thus anti competitive. The United States Supreme Court has, in the past, determined activities such as price fixing, geographic market division, and group boycott to be illegal ''per se'' regardless of the reasonableness of such actions. Traditionally, illegal ''per se'' anti-trust acts describe horizontal market arrangements among competitors ...
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Broadcast Music Incorporated
Broadcast Music, Inc. (BMI) is a performance rights organization in the United States. It collects blanket license fees from businesses that use music, entitling those businesses to play or sync any songs from BMI's repertoire of over 20.6 million musical works. On a quarterly basis, BMI distributes the money to songwriters, composers, and music publishers as royalties to those members whose works have been performed. In FY 2022, BMI collected $1.573 billion in revenues and distributed $1.471 billion in royalties. BMI's repertoire includes over 1.3 million songwriters and 20.6 million compositions. BMI is the biggest performing rights organization in the United States and is one of the largest such organizations in the world. BMI songwriters create music in virtually every genre. BMI represents artists such as Patti LaBelle, Selena, Miley Cyrus, Lil Wayne, Lil Nas X, Birdman, Lady Gaga, Taylor Swift, Eminem, Rihanna, Shakira, Doja Cat, Megan Thee Stallion, Ed Sheeran, Karol ...
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