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BROADCAST MUSIC, INC. v. CBS

No. 77-1578.

441 U.S. 1 (1979)

99 S.Ct. 1551

60 L.Ed.2d 1

BROADCAST MUSIC, INC., ET AL. v. COLUMBIA BROADCASTING SYSTEM, INC., ET AL.

Supreme Court of United States.

Decided April 17, 1979.

Attorney(s) appearing for the Case

Amalya L. Kearse argued the cause for petitioners in No. 77-1578. With her on the briefs were George A. Davidson and Conley E. Brian, Jr. Jay Topkis argued the cause for petitioners in No. 77-1583. With him on the briefs were Bernard Korman, Simon H. Rifkind, Herman Finkelstein, and Allan Blumstein.

Alan J. Hruska argued the cause for respondents in both cases. With him on the briefs were John D. Appel and Robert M. Sondak.

Deputy Solicitor General Easterbrook argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Solicitor General McCree, Assistant Attorney General Shenefield, William Alsup, John J. Powers III, and Andrea Limmer.†

MR. JUSTICE WHITE delivered the opinion of the Court.

This case involves an action under the antitrust and copyright laws brought by respondent Columbia Broadcasting System, Inc. (CBS), against petitioners, American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI), and their members and affiliates.1 The basic question presented is whether the issuance by ASCAP...

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