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This is something both organizations have been pushing for, especially ASCAP, who's consent decree was last reviewed in 2001, before the iPod was introduced (BMI's was last amended in 1994). The 1941 Consent Decrees resulted from anti-trust lawsuits against ASCAP and BMI to address competitive concerns arising from the market power each organization acquired through the aggregation of public performance rights held by their member songwriters and music publishers. ASCAP says the system for determining how songwriters and composers are compensated has not kept pace with technology, making it increasingly difficult for music creators to earn a living. The Antitrust Division announced last night it was starting the review and seeking public comment to examine the effectiveness of the Consent Decrees.
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