Photo Credit: Juliano Costa
Four US-based radio groups operating a total of 15 stations have been accused of broadcasting ASCAP members’ music without payment or license.
Four radio groups located in South Dakota, Indiana, Mississippi, and New Hampshire have been accused of repeatedly refusing to renew their licenses to play music by members of the American Society of Composers, Authors, and Publishers (ASCAP) over a period of several years. As a result, ASCAP has terminated their agreements and is now pursuing litigation.
The radio groups are Haugo Broadcasting in South Dakota, Spoon River Media in Indiana, Taylor Communications in Mississippi, and Barry Lunderville Radio in New Hampshire. The four groups operate a total of 15 stations between them.
“We don’t take legal action lightly,” said Clara Kim, ASCAP EVP and Chief Legal and Business Affairs Officer. “When a station refuses to pay for the music that makes their business possible, we have a responsibility to our members to take action.”
Federal copyright law requires broadcasters to obtain permission from copyright owners before playing their music. Most broadcasters in the United States license the music they use through an agreement between ASCAP and the Radio Music Licensing Committee (RMLC), which provides industry-negotiated blanket licenses to radio stations and offers access to over 20 million works in ASCAP’s repertory for a rate calculated as a small percentage of station revenue.
Despite ASCAP’s efforts to work with the aforementioned broadcasters to find a resolution, the four defendant station groups have allegedly been broadcasting music written and published by ASCAP members without authorization or payment for the past several years. ASCAP said it was left with no other choice than to terminate the broadcasters’ licenses and proceed with litigation.
“Music is the lifeblood of radio, and the overwhelming majority of radio stations follow the law. As songwriters and composers, we earn our livelihoods through our creative work, and music is how we put food on the table, pay the rent, and support our families. Radio station owners know that an ASCAP blanket license allows them to offer music legally, efficiently, and at a reasonable price—while compensating music creators fairy,” said Paul Williams, ASCAP Chairman of the Board, President, and songwriter.
ASCAP represents over 1.1 million songwriters, composers, and music publishers. The association helps ensure its members can earn a living from their art by licensing the public performances of their songs, collecting those license fees, and distributing royalties to its members. Around 90% of the license fees that ASCAP collects are paid to its songwriters, composers, and music publishers as royalties.
