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Category Archives: Broadcast Performance Royalty

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The Summer of Copyright Part 4 – The Department of Justice Reviews the ASCAP and BMI Consent Decrees – What Should Broadcasters and Music Services Know?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media, Television
As we wrote in our previous articles on the music licensing issues being considered during this summer of copyright (here, here and here), one of the concerns driving many of the proposed reforms is the current demand of songwriters and publishing companies for a larger share of the music royalty pie.  In licensing the public … Continue Reading

The Summer of Copyright, Part 2 – The House Judiciary Committee Plans Omnibus Music Licensing Bill – The “Music Bus”

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
The House of Representatives Judiciary Committee last week finished its second hearing on music licensing (written witness statements and a link to the webcast can be found here).  Congressional hearings usually are not in-depth proceedings looking to establish detailed facts as done in a hearing in a court proceeding.  Instead, they are formalized proceedings where … Continue Reading

The Summer of Copyright and Music Licensing Part 1 – Songwriters Demand A Bigger Share

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
This is the summer of copyright – as seemingly every government agency with any connection to media issues is looking at music licensing and other copyright issues.  Much press was given to the House Judiciary Committee hearing held last week.  But the Congressional committee’s consideration of copyright issues is but one of the many places … Continue Reading

Copyright Office Announces One Week Extension for Comments on Music Licensing Inquiry and 3 Roundtable Discussions of the Issues – Just One of Many Proceedings Affecting Music Rights and Royalties

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
On Friday, the Copyright Office extended by one week the deadline for comments on its wide-ranging proceeding on the current music licensing regime and whether reforms are necessary or appropriate.  We wrote about the proceeding and the many questions that it raises here.  Comments are now due on May 23.  Comments can be filed on … Continue Reading

Broadcaster Asks Court to Declare that Internet Simulcasts of Radio Station Exempt From SoundExchange Royalties If Geo-Limited to a 150 Mile Zone

Posted in Broadcast Performance Royalty, Digital Radio, Intellectual Property, Internet Radio, Music Rights
This week brings news that a Virginia broadcaster has brought suit to have a court declare that broadcasters who stream their signal on the Internet, but limit the reception of the signal to within 150 miles of their transmitter site, should not have to pay royalties to SoundExchange.  As we have written before, when Congress … Continue Reading

Activating the FM Chip in Mobile Phones – As Blackberry Steps Up, a Policy and Product Review

Posted in Broadcast Performance Royalty, Emergency Communications, FM Radio, Internet Radio, On Line Media
This blog usually covers legal and policy issues, not product reviews.  And this article will at least try to relate policy decisions to a product review, but mostly it’s to share a cool new feature on my phone.  To explain, I am one of those holdouts still using a Blackberry.  In dealing with new media … Continue Reading

Copyright Office Begins Wide-Ranging Inquiry Into Music Licensing

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
The Copyright Office recently issued a Notice and Request for Public Comment on a study that they have commenced on music licensing in all of its forms.  We’ve written about the complexity of the music licensing process many times, and about proposals for reform.  Many of these proposals have been issued in connection with the … Continue Reading

What’s Up in Washington For Broadcasters in 2014? — Part 2, Issues beyond the FCC Including Ad Taxes, Music Royalties, Privacy Reforms, and More

Posted in Advertising Issues, Broadcast Performance Royalty, Cable Carriage, General FCC, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Privacy
We recently wrote about FCC issues that will be facing broadcasters in this new year.  While broadcasters will no doubt be busy keeping track of what the FCC is up to, they also need to have their eyes on other government agencies, as there are numerous issues that may come from Congress and the other … Continue Reading

Congressman Watt’s Music Royalty Bill – Performance Royalty For Over-the-Air Broadcasters And Other Fundamental Copyright Act Changes Impacting All Digital Music Services

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
Congressman Mel Watt from North Carolina this week introduced his long-awaited bill proposing that over-the-air radio broadcasters pay a royalty to sound recording copyright holders (usually the record label) and to artists. As we have written many times, currently, royalties on sound recordings are paid only by companies that make digital performances, including webcasters (see our … Continue Reading

Making Music Rights Manageable in a Digital World – Issues Identified In Commerce Department “Green Paper” on Copyright Policy

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
No one ever claimed that music royalties are easy to understand, especially in the digital age when nice, neat definitions that had grown up over many years in the physical world no longer necessarily make sense. The complexity of the world of digital music licensing is clear from many sources, but the Commerce Department’s “Green Paper” … Continue Reading

Gazing Into the Crystal Ball – What Washington Has In Store For Broadcasters in 2013

Posted in Broadband Report, Broadcast Performance Royalty, Cable Carriage, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Indecency, Internet Radio, Low Power Television/Class A TV, Multiple Ownership Rules, Music Rights, On Line Media, Political Broadcasting, Privacy, Programming Regulations, Public Interest Obligations/Localism, Television
Every year, about this time, I dust off the crystal ball to offer a look at the year ahead to see what Washington has in store for broadcasters. This year, like many in the recent past, Washington will consider important issues for both radio and TV, as well as issues affecting the growing on-line presence of … Continue Reading

RMLC Files Antitrust Suit Against SESAC – What Does It Mean For Broadcasters?

Posted in Broadcast Performance Royalty, Intellectual Property, Music Rights
Last week, the Radio Music License Committee (“RMLC” – see our article about the RMLC), filed a complaint in US District Court in Pennsylvania against SESAC, arguing that SESAC is a monopoly and should be treated like ASCAP and BMI.  RMLC is asking that SESAC be subject to an antitrust consent decree as are these two bigger collection societies. As … Continue Reading

Another Music Royalty Deal By Clear Channel and a Record Company – Why Broadcaster Deals With Record Companies May Be a Good Thing

Posted in Broadcast Performance Royalty, Internet Radio, Music Rights
Last week, we wrote about the recently announced deal between Big Machine Records and Entercom Communications.  The day after we posted that article, Clear Channel announced another label deal – this time with Glassnote Entertainment Group, the home of bands including Mumford & Sons and Phoenix.  As with its Big Machine deal, the public releases suggest … Continue Reading

A Deal Between Entercom and Big Machine Records To Give the Record Company a Royalty on Over-the-Air Broadcasting

Posted in Broadcast Performance Royalty, Internet Radio, Music Rights
A deal between Big Machine Records and a broadcaster, this time Entercom Communications, was announced at the NAB Radio Show giving the record company a royalty on the broadcaster’s revenue from over-the-air broadcasting in exchange for lower royalties on digital operations. This deal follows one announced by Clear Channel back in June. Talking to broadcasters around the country, … Continue Reading

What is the RMLC, And Why Should a Radio Station Pay Their Bill?

Posted in Broadcast Performance Royalty, Intellectual Property, Music Rights
Radio broadcasters have been receiving invoices from the Radio Music License Committee (“RMLC”), and many are asking whether the invoice is “real.”  Some stations seem concerned that they are being asked to pay some fee that they really don’t owe. The truth is that this is one bill that most commercial stations in fact do owe, and it is … Continue Reading

Radio Music Licensing Committee Announces Settlement With BMI Following Settlement With ASCAP – Why SESAC is Not Included

Posted in Broadcast Performance Royalty, Music Rights
The Radio Music Licensing Committee has announced a settlement with BMI over music royalties for the public performance of musical compositions for the period from 2010-2016.  Terms have not been announced, so we can’t provide the details, yet.  But as we wrote recently when the RMLC announced the terms of its agreement with ASCAP, we would … Continue Reading

Details of the ASCAP Settlement with the Radio Industry – What Will Your Station Pay?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
ASCAP and the Radio Music Licensing Committee have reached a settlement on the amount that radio stations will pay to ASCAP for the use of music for the period through the end of 2016. The agreement was approved last week by the US District Court in the Southern District of New York acting as a “rate … Continue Reading

ASCAP Cuts a Deal With the Radio Industry on New Royalties – No Details as Yet

Posted in Broadcast Performance Royalty, Internet Radio, Music Rights
New ASCAP royalties are on their way to radio broadcasters. ASCAP and the Radio Music Licensing Committee (RMLC) have just announced that they have reached an agreement in principal to return to the percentage of revenue royalties that for so long were paid by radio stations to ASCAP and BMI – a system that was abandoned … Continue Reading

Gazing Into the Crystal Ball – What Washington Has In Store For Broadcasters in 2011

Posted in Broadcast Performance Royalty, General FCC
Every year, about this time, I dust off the crystal ball to offer a look at the year ahead to see what Washington has in store for broadcasters.  This year, like many in the recent past, Washington will consider issues that could fundamentally affect the broadcast industry – for both radio and TV, and affecting the growing … Continue Reading

NAB Radio Board Adopts Proposal for Settlement of Performance Tax Issue – Where Do We Go From Here?

Posted in Broadcast Performance Royalty, Internet Radio
The NAB Radio Board today voted to adopt a Terms Sheet to offer to the musicFirst Coalition which, if agreed to by musicFirst and adopted by Congress, will settle the contentious issue of whether to impose a sound recording performance royalty (the "performance tax") on over-the-air broadcasters.  If adopted, that will mean that broadcasters in … Continue Reading

NAB Board Comes to DC to Discuss Radio Performance Royalties – Is There a Deal in the Works?

Posted in Broadcast Performance Royalty, Music Rights
The debate over the proposed performance royalty (or "performance tax") on over-the-air radio is once again front page news in all of the broadcast trade press, as radio executives who make up the NAB Radio Board reportedly are making their way to Washington, DC to decide on whether to pursue a settlement with those seeking to … Continue Reading

Talk of A Settlement on the Terrestrial Radio Performance Royalty – What Would Broadcasters Get?

Posted in Broadcast Performance Royalty
The broadcast trade press has recently been full of talk of the possibility of reaching a settlement with the recording industry on the adoption of a Performance Royalty for broadcast stations -paying performers and record companies for the use of music by radio stations (on top of the fees already paid through ASCAP, BMI and SESAC to composers).  The … Continue Reading

Monkee Business in DC: musicFIRST Capitol Hill Rally Shows that Broadcast Performance Royalty is Still Actively Being Pursued

Posted in Broadcast Performance Royalty
In an email blast that went out this morning, the musicFIRST Coalition, the group organized to pursue a performance royalty on radio broadcasters for the use of music in their over-the-air broadcasts, announced that they would be holding a rally and concert with a member of the 1960s rock band the Monkees, musically backed by three Congressmen.  Mickey Dolenz of … Continue Reading

Copyright Office Issues Letter In Support of Broadcast Performance Royalty – Suggests that Economic Comeback for Radio Makes Royalty More Affordable

Posted in Broadcast Performance Royalty
According to a letter from the Copyright Office that has recently been made public, the economic troubles of broadcasters, which have been used to argue against the imposition of a performance royalty for the use of sound recordings by radio stations, are cyclical and are largely over.  Thus, argues the letter, the improvement in the fortunes of radio … Continue Reading