SONA Opposes DOJ Motion to Dismiss Lawsuit Over ASCAP/BMI Consent Decrees Decision
Songwriters of North America is opposing DOJ's motion to dismiss SONA's lawsuit in the U.S. District Court in Washington, D.C., over the Antitrust Division's controversial decision in its review of the American Society of Composers, Authors and Publishers and Broadcast…
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Music Inc. consent decrees (see 1608040066). SONA sued DOJ in September, filing its claim shortly before U.S. District Judge Louis Stanton ruled in BMI's New York rate case against a portion of Justice's decision on 100 percent licensing (see 1609140027 and 1609190062). SONA argued (in Pacer) earlier this week that it has standing to sue over Antitrust's findings “because [songwriters] are now suffering and will imminently suffer injuries traceable” to the decision. SONA repeated its long-standing assertion that its lawsuit is wholly separate from BMI's ongoing legal challenge to the DOJ decision, which the department appealed to the 2nd U.S. Circuit Court of Appeals. “Numerous issues are raised by plaintiffs’ claims that have nothing to do with the rate courts’ superintendence of the consent decrees,” SONA said. “Plaintiffs’ constitutional claim is based on theories that the 100% Mandate violates plaintiffs’ rights of procedural and substantive due process, and takes their property without compensation.” SONA also defended its claims that DOJ's finding violates both the Fifth Amendment's due process clause and the Administrative Procedure Act. District Judge Tanya Chutkan on Thursday extended to March 9 DOJ's deadline to respond to SONA's opposition to the dismissal motion.