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The digital age has forced the D.O.J. to get involved. Some of the bigger music publishers have unsuccessfully tried to withdraw from ASCAP's agreement with Pandora. Those organizations, such as Sony/ATV and Universal, were hoping to negotiate directly with Pandora. And, everyone knows Pandora has loudly complained that they are paying too much to license music and want to be on an even playing field with radio and they may not be able to sustain their business model if the rates they pay for music keeps climbing.
Some publishers are even considering withdrawing their catalogs completely from ASCAP and BMI if they are not allowed to opt out case-by-case. If they did withdraw completely, publishers would have to start collecting their own performance royalties from radio stations, streaming services, bars and restaurants.
Judges in ASCAP and BMI?s rate courts have ruled that record companies are not allowed to make ?partial withdrawals? of their music from the catalogs of the performing rights groups. That strategy meant Pandora had to negotiate directly with the publishers who would ask for more money than Pandora was paying ASCAP and BMI.
You can see exactly what the D.O.J. is seeking comment on HERE
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