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Message: [QUOTE="Queen, post: 87671, member: 27"] A federal appeals court just torched the landmark royalty bump that would have more than doubled what US concert promoters pay songwriters. BMI's big rate court win gets tossed [LIST] [*]BMI celebrated a 138% royalty hike back in 2023. [*]Second Circuit judges called those rates unreasonable. [*]Judge Louis Stanton's original ruling got vacated entirely. [*]Rates had jumped from roughly 0.21% to 0.5%. [/LIST] Revenue definition was a sticking point [LIST] [*]Stanton stretched gross revenue beyond ticket face value. [*]VIP packages and resale market sales were folded in. [*]Appeals judges said that the expansion lacked any precedent. [*]NACPA and Live Nation fought the broadened scope. [/LIST] Benchmark comparisons drew sharp criticism [LIST] [*]Stanton leaned on SESAC and GMR rate data. [*]Neither outfit operates under antitrust consent decrees. [*]Previously negotiated BMI and ASCAP rates got undervalued. [*]NACPA's collective bargaining muscle historically kept rates lower. [/LIST] Case heads back for a rate redo [LIST] [*]Southern District of New York gets another crack. [*]BMI hinted at pursuing further appellate review. [*]Appeals court suggested rates could still climb significantly. [*]NACPA called the reversal a win for live-music artists. [/LIST] BMI stays defiant on songwriter pay [LIST] [*]BMI insists creators still deserve better compensation. [*]The court acknowledged free-market rates belong in calculations. [*]Potential new rates might land 50-80% above prior levels. [*]Live Nation faces a separate DOJ antitrust trial soon. [/LIST] [/QUOTE]

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