Conner was known as the "ASCAP judge" for his role in administering the terms of a 1941 consent decree imposed against the American Society of Composers, Authors and Publishers as the result of an antitrust case involving claims that the organization had monopolized the licensing of popular music. Conner was assigned the case in the mid-1970s, taking over from Judge Harold R. Tyler, Jr.[3] Among Conner's rulings in the case were his dismissal in the early 1990s of claims that jingle writers were being shortchanged; a 2004 ruling on an agreement covering payments from radio stations for music played on air that brought royalty recipients an estimated $1.7 billion in additional payments from 2001 to 2009; the rejection in 2007 of a request to treat music downloads as performances; and a 2008 decision under which ASCAP would receive 2.5% of revenue from songs played online via streaming media rather than the 3% it had originally sought.[1][3]
In a May 1980 ruling, Conner decided that community organizations that placed fliers in personal mailboxes did not violate the law, holding that the organizations' First Amendment rights trumped a 1934 statute imposing a $300 fine for placing mailable material into a mailbox without postage. The organizations that challenged the ban claimed that the cost and delays of using the mail "barred them from effective communication", while the United States Postal Service contended that mailbox security would be lost and that mail carriers would have to waste time checking what's in mailboxes.[5]
In a case filed by a bank that lost $2 million that had been placed in baggage checked on a flight, Conner ruled that Eastern Airlines was responsible only for paying $634.90 for the lost money, charged at the standard rate of $9.07 per pound for lost luggage under the terms of the Warsaw Convention.[1]
Personal
A resident of Dobbs Ferry, New York, Conner died at age 89 in Bronxville, New York. He was survived by his wife, a daughter, three sons and six grandchildren.[1]