BMI Takes SiriusXM to Rate Court Over Payment Reduction Attempts
BMI has filed a rate court action against SiriusXM, asserting that the satellite radio service is attempting to underpay songwriters, composers, and publishers for music licenses. The legal action comes after two years of unsuccessful negotiations.
SiriusXM display on car dashboard
BMI's key arguments include:
- SiriusXM is trying to maintain outdated rates despite significant company growth
- The satellite service has evolved toward a digital-focused business model
- BMI's market share and the changing marketplace justify higher rates
- Current rates significantly undervalue creators' music
Mike O'Neill, BMI's President and CEO, emphasized that SiriusXM's proposal relies on rates established when the company was substantially smaller and different in operation.
The petition, filed on September 12 in New York court, notes that BMI:
- Licenses over 22.4 million songs and compositions in the US
- Operates under a Consent Decree requiring reasonable fee quotes
- Proposed new terms on May 8, 2023, for the period January 1, 2022, through December 31, 2026
BMI is seeking court determination that their proposed rates are reasonable, or alternatively, requesting the court to establish appropriate rates for their repertoire.