SONA is urging the U.S. Supreme Court to hear BMI v. North American Concert Promoters Association, a case about what we are paid when our songs are performed live, and how long we must wait for that money.
After reviewing extensive evidence, a federal trial court approved an increase in the licensing fees concert promoters pay to BMI. The court recognized that the live music industry earns revenue beyond a ticket’s face value, including fees, premium pricing, and resale. Our compensation should reflect that expanded revenue because our songs help generate those earnings.
An appeals court sent the case back for reconsideration, creating further delays. The dispute covers performances dating back to 2014, and we are still waiting for any additional royalties owed once the rates are finalized.
SONA’s brief supports BMI’s request for Supreme Court review. We argue that the trial court’s findings deserve appropriate weight, and that repeated rounds of litigation leave us unable to predict when we will be paid or how much we will receive. For working songwriters, those delays affect our lives: our ability to pay bills, plan ahead, and keep creating the songs that power the industry.
Thank you to Tim Kappel of Wells & Kappel, LLP for his work on this brief and his commitment to advocating for songwriters’ rights and fair compensation.
Read SONA’s full brief below, and stay tuned for more news about this case.