Attorney Generals News Release

September 14, 1995

ASCAP off key, Nixon says

Jefferson City, Mo. — An attempt by the American Society of Composers, Authors and Publishers (ASCAP) to withhold music from the state of Missouri has struck a sour note with Attorney General Jay Nixon.

Nixon today announced his opposition to a motion by ASCAP for a court order allowing the organization to withhold music in its repertory from all retail establishments, restaurants, inns, bars, taverns, sporting events and entertainment facilities in Missouri. The legal action by ASCAP is in response to a Missouri law which went into effect Aug. 28.

“ASCAP's request to withhold music from the state is an inappropriate response to a law designed to protect Missourians from specific unfair and abusive practices,” Nixon said. “It is an attempt by New York lawyers to avoid action in Missouri courts. We want to make it clear that we are in opposition to their motion and we have presented that opposition to the court.”

Missouri's new law seeks to ensure that payment of royalties to associations like ASCAP will be governed by written contracts; that Missouri proprietors will have reasonable access to the information needed to make informed decisions on whether to enter into such contracts; and that the contracts themselves will be entered into freely.

In a letter to Judge William C. Conner of the United States District Court, Southern District of New York, Nixon opposed the motion by ASCAP and outlined the state's direct interest in the controversy. The United States Justice Department will argue against ASCAP's motion in district court on Friday.

“ASCAP's proposal would be detrimental to Missouri businesses and the growing entertainment industry in the state and to Missouri consumers who could be deprived of hearing up to 60 percent of all popular music in the country today,” Nixon said.

ASCAP-licensed songs include such pop standards as “The Way We Were,” made famous by Barbara Streisand; “Anticipation,” by Carly Simon; “Born to Run,” by Bruce Springsteen; “I Walk The Line,” by Johnny Cash and “Just The Way You Are,” by Billy Joel.

In seeking to avoid Missouri law, ASCAP filed a motion to amend a final judgement of a 45-year-old antitrust settlement with the United States. The Attorney General is authorized to represent the state in actions brought in the federal courts under federal antitrust laws, Nixon said.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818