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The MTP Podcast: Michelle Lewis and Kay Hanley of SONA and David Lowery on DOJ’s “Union Busting” Gambit Against Songwriters

August 17, 2016 1 comment

In an explosive conversation, Michelle Lewis and Kay Hanley talk with David Lowery and Chris Castle about Songwriters of North America, their experiences with lawyers from the Department of Justice Antitrust Division in the lead-up to the DOJ’s decision on “100% licensing,” and disingenuous behavior by the government’s lawyers that crossed the line into “union busting.”

Michelle and Kay

Michelle Lewis and Kay Hanley

—in an ex parte communication, Antitrust Division Section Chief David C. Kully advised a witness in an ongoing Justice Department inquiry to withdraw from ASCAP as a solution to 100% licensing, knowing she was represented by counsel.

—Justice Department lawyers chose to conduct meetings and telephonic communications with songwriters in which DOJ lawyers read aloud from proposed text of their 100% licensing statement in an effort to build a false consensus among songwriters and refused to provide a written draft of the statement for public comment.

hesse

—At the direction of former Google lawyer and DOJ official Renata B. Hesse, the lawyers also told SONA members that no transcripts existed of these telephonic communications.  If true, it is highly unusual for the Justice Department to engage in such contacts with interested parties without preserving a record of such meetings to be made available to the public and preserved as customary federal record keeping.  The lawyers’ statement is more likely another lie or obfuscation.

 

 

Show notes:

Links to documents we discuss on the MTP Podcast with Michelle Lewis, Kay Haneley, David Lowery on the DOJ’s new policy on 100% licensing.

Songwriters of North America Website

@wearesonala

The Trichordist

cranky

Podcast theme from “March of the Billionaires” written by Davey Faragher, Johnny Hickman, David Lowery & Michael Urbano, performed by Cracker from their 2014 album, Berkeley to Bakersfield used courtesy of Cracker.

Doc McStuffins

Department of Justice Statement on 100% Licensing

MIC Coalition Letter to DOJ Lawyer Renata Hesse

BMI’s Premotion Letter to Judge Stanton re Obama Justice Department Ruling on 100% Licensing

The Obama Administration Is Lame Ducking An Unworkable Burden on Songwriters: 4 Reasons Why It’s Bad Law by Chris Castle (Huffington Post)

Guest Post by Stephen Carlisle: ASCAP and the Terrible, Horrible, No Good, Very Bad DOJ Decision That’s Going to Create Chaos in the Music Industry

MusicTechPolicy Podcasts on SoundCloud

Subscribe to MusicTechPolicy Podcast on iTunes

Watch this Space: MTP Podcast on 100% Licensing with Michelle Lewis and Kay Hanley of Songwriters of North America, David Lowery, Chris Castle coming soon

August 12, 2016 Comments off

Next week we will continue discussion of the Department of Justice [sic] ruling on 100% licensing and partial withdrawals from the songwriter’s point of view.

Participants will be songwriters Michelle Lewis and Kay Hanley of Songwriters of North America, David Lowery and Chris Castle.

Watch this space for links to the podcast when it is completed, probably August 17/18.

In the meantime, you can subscribe to the MTP Podcast on iTunes or on Stitcher.  More recent podcasts can also be found on SoundCloud.

For background, check out the MTP podcast with Steve Winogradsky, David Lowery and Chris Castle on the technical aspects of the DOJ’s decision.

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