Appeals Court Declines to Revisit BMI Rate Ruling in Concert Promoters Dispute

The Second Circuit Court of Appeals has declined to revisit its earlier ruling in the long-running rate dispute between performing rights organization Broadcast Music, Inc. (BMI) and concert promoters, backing a prior decision that favored the North American Concert Promoters Association (NACPA).

Context:

• In February a federal appeals court overturned a 2023 ruling that instigated BMI’s 138% price hike on public performance royalties paid by members of NACPA.

• NACPA represents Live Nation, AEG, Nederlander, Another Planet Entertainment and many others.

Rejection:

• In light of the appeals ruling, BMI pushed for a rehearing by both the original panel and the full court, but both requests were denied – cementing the appellate court’s stance.

Next steps:

• The case may return to the district court for reconsideration.