 Also, anyone who is unable to negotiate satisfactory terms with ASCAP, or is otherwise unable to get a license, may go to the court in the Southern District of New York overseeing the consent decree and litigate the terms they find objectionable, and the terms set by the court will be binding upon the licensee and ASCAP.BMI also signed a consent decree in 1941, although the terms were much more favorable to BMI than those applied to ASCAP.ASCAP's membership diversified further in the 1940s, bringing along jazz and swing greats, including Duke Ellington, Count Basie, Benny Goodman, and Fletcher Henderson.