Broadcast Law Blog

Broadcast Law Blog

Category Archives: Internet Radio

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A Question for Readers – What’s Brexit’s Impact on Music Licensing in Europe?

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
Usually, on these pages, I’m trying to give my views on legal issues for media companies. Today, I’ll ask for your views on today’s news – as least as it affects media companies.  We write extensively here about US music rights issues, and we have noted how US media companies with an online presence need… Continue Reading

Appeals Filed of Copyright Royalty Board Decision on Webcasting Royalties – What’s Next?

Posted in Intellectual Property, Internet Radio, Music Rights, Noncommercial Broadcasting
SoundExchange last week filed an appeal of the Copyright Royalty Board’s decision on webcasting royalties (a decision which we summarized here and here), as reported by a number of trade press articles. Most of these press reports did not note that this was not the only appeal filed. At least two other parties, IBS (Intercollegiate… Continue Reading

US District Court Finds Digitally Remastered Pre-1972 Sound Recordings Are “Derivative Works” Covered By Federal Law – Dismisses Suit against Broadcaster Seeking Over-the-Air Performance Royalties

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
The question of whether state laws about pre-1972 sound recordings could give copyright holders a claim against broadcasters for the over-the-air public performance of these recordings was answered in a novel manner in a decision rendered by a US District Court in California. The evidence before the Court showed that CBS, the broadcaster being sued,… Continue Reading

New Federal Advertising Rules on E-Cigs and Other Tobacco Products Adopted – To Become Effective within Two Years

Posted in Advertising Issues, AM Radio, FM Radio, Internet Radio, Internet Video, On Line Media, Television, Website Issues
E-Cigs and vape shops have become a new advertising category for many broadcast stations over the last few years. Unlike ads for cigarettes, little cigars, and smokeless (chewing) tobacco, which are effectively banned on broadcast stations, there are currently few Federal rules on e-cigs. Ads currently cannot make health claims about the product (so the… Continue Reading

Copyright Royalty Board Webcasting Royalty Decision Published in the Federal Register – Appeals Due in 30 Days

Posted in Intellectual Property, Internet Radio, Music Rights
The Copyright Royalty Board Decision on the royalty rates to be paid for the public performance of sound recordings by Internet radio companies – webcasting royalties – was published in the Federal Register today. We wrote about that decision setting the royalties here and here. The publication in the Federal Register gives parties to the… Continue Reading

Appeal of Public Performance Rights in Pre-1972 Sound Recordings Referred to NY State Court for Interpretation – What Issues Might Radio Broadcasters Be Facing?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
Pre-1972 sound recordings are back in the news. Yesterday, the US Court of Appeals for the Second Circuit decided to defer its consideration of an appeal of a District Court’s decision that NY law included a public performance right for pre-1972 sound recordings. The Court deferred its decision until it can get a definitive answer… Continue Reading

5 Things Broadcasters Should Know About SoundExchange Music Royalties

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
The recent Copyright Royalty Board decision (see my summary here) setting the rates to be paid by Internet radio operators to SoundExchange for the rights to publicly perform sound recordings (a particular recording of a song as performed by an artist or band) still raises many questions. Today, Jacobs Media Strategies published on their blog… Continue Reading

March Regulatory Dates for Broadcasters – Including Incentive Auction Commitments, New Webcasting Royalties, and Comments on AM Revitalization and Copyright Safe Harbor for User-Generated Content

Posted in AM Radio, Digital Television, Incentive Auctions/Broadband Report, Intellectual Property, Internet Radio, Music Rights, On Line Media, Television, Website Issues
March appears to be another busy month on the FCC’s regulatory calendar.  While March is one of those months where there is not the usual assortment of EEO public file reports, quarterly issues programs lists or children’s television reports and noncommercial ownership report obligations (see our Broadcasters’ Regulatory Calendar here for some of these dates),… Continue Reading

Looking at the Decision of the Copyright Royalty Board on Internet Radio Royalties for Commercial Webcasters – What are the Issues that the Judges Considered?

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
The text of the Copyright Royalty Board decision on Internet Radio Royalties for 2026-2020 was released last Friday. While it is 203 pages long, the basis for the decision is relatively simple. As required by the Copyright Act, the Copyright Royalty Judges looked at all of the evidence presented to determine what rate a willing… Continue Reading

Full Copyright Royalty Board Decision on Webcasting Royalties Now Public

Posted in Intellectual Property, Internet Radio, Music Rights
The full decision of the Copyright Royalty Board on Internet Radio royalties, excluding confidential information, has now been made public and is available here.  In December, we wrote about the rates and terms of the royalties that webcasters pay to SoundExchange for the public performance of sound recordings as set by the CRB decision, and… Continue Reading

February Regulatory Dates for Broadcasters

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Internet Radio, Noncommercial Broadcasting, Political Broadcasting, Television
It’s February, and we’re back to the normal cycle of FCC filings. Due to be placed in the public files of radio and TV stations with 5 or more full-time employees are EEO Public Inspection File Reports for radio and TV stations in the following states: Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York,… Continue Reading

SoundExchange Audits of Digital Music Companies and Sport Leagues Audits of MVPDs Published in the Federal Register – Understanding Audit Rights Under Statutory Licenses

Posted in Cable Carriage, Intellectual Property, Internet Radio, Music Rights, Television
In the last week, copyright audits have been in the news.  Several broadcasting publications noted the recent announcements by the Copyright Royalty Board that SoundExchange has decided to audit several companies that pay it royalties, including webcasters (including Pandora and a number of broadcasters in connection with their webcast operations), business establishments services (those who… Continue Reading

A Broadcaster’s Calendar of Important Regulatory Dates in 2016

Posted in AM Radio, FM Radio, General FCC, Internet Radio, Noncommercial Broadcasting, Political Broadcasting, Programming Regulations, Television
At the beginning of each year, we publish our broadcaster’s calendar of important dates – setting out the many dates for which broadcasters should be on alert as this year progresses.  The Broadcasters Calendar for 2016 is available here.  The dates set out on the calendar include not only FCC filing deadlines and dates by… Continue Reading

Copyright Royalty Board Set to Begin 3 New Royalty Proceedings – Mechanical Royalty, Sirius XM Satellite Royalty, and Noncommercial Broadcasting Over-the-Air Royalties

Posted in Broadcast Performance Royalty, Internet Radio, Music Rights, Noncommercial Broadcasting, On Line Media
In tomorrow’s Federal Register, the Copyright Royalty Board will announce the commencement of three new proceedings to set music royalties for the 2018-2022 five-year period – each involving a different music right. The Board will begin a proceeding dealing with the digital public performances of sound recordings by satellite radio and “pre-existing subscription services” –… Continue Reading

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction, FM Translators for AM Stations, Webcasting Fees, LUR Windows and More

Posted in AM Radio, Broadcast Auctions, Cable Carriage, Children's Programming and Advertising, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Internet Radio, Internet Video, Multiple Ownership Rules, Music Rights, On Line Media, Political Broadcasting, Television, Website Issues
While January starts off with some regulatory deadlines that apply to all broadcasters – Quarterly Issues Programs lists must be placed in a station’s public file by the 10th of January – there are many other dates that come due this month, dates to which broadcasters need to pay careful attention. For TV stations, they… Continue Reading

Webcasting Royalty Decision Developments – Revised Rates and Terms from the CRB, Issues about Performance Complement and Small Webcasters

Posted in Intellectual Property, Internet Radio, Music Rights, Noncommercial Broadcasting
The actions and reactions in response to the Copyright Royalty Board’s decision from two weeks ago continue to roll in as the ramifications of the decision sink in. In the days before Christmas, two announcements were made that warrant note. One was a decision of the CRB itself, correcting the rates and terms that it… Continue Reading

Big News That the Beatles Are Now Available on Streaming Services? – Actually They Have Been on Internet Radio All Along

Posted in Intellectual Property, Internet Radio, Music Rights, Uncategorized
Many are sitting around enjoying their holiday treats while listening to the Beatles on their favorite on-demand streaming service, and the press is treating this as a breakthrough – usually omitting the fact that the Beatles have been available on many streaming services for as long as there have been streaming services, namely on Internet… Continue Reading

Explaining the Basics of the CRB Webcasting Royalty Decision – An Audio Discussion

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
Earlier today, Triton Digital’s President for Market Development John Rosso and I discussed the new webcasting royalty rates adopted last week by the Copyright Royalty Board to cover the sound recording performance royalty for 2016-2020.  You can listen to that conversation discussing the basics of that decision here.  John and I discuss what rights the… Continue Reading

CRB Announces Webcasting Royalty Rates for 2016-2020 – Lower Rates for Broadcasters Who Stream, Minimal Change for Pureplay Webcasters

Posted in Intellectual Property, Internet Radio, Music Rights, Noncommercial Broadcasting, On Line Media
The Copyright Royalty Board yesterday announced on its website the royalty rates that webcasters will pay to SoundExchange for the use of sound recordings in their digital transmissions over the Internet and to mobile devices in the period from 2016-2020.  For commercial webcasters, the CRB set $.0017 as the per performance (i.e. the rate paid… Continue Reading

Waiting for the Copyright Royalty Board Decision on Internet Radio Royalty Rates – Decision To Be Announced on Wednesday

Posted in Intellectual Property, Internet Radio, Music Rights
It seems like every streaming company, and every financial analyst and reporter covering the media beat has been breathlessly awaiting the release of the Copyright Royalty Board’s decision on Internet Radio Royalties that will apply to noninteractive streaming companies during the years 2016-2020.  Many have been predicting a decision for days.  But, in a public… Continue Reading

Adele’s New Record is Not on Online Streaming Services – Except Where It Is – The Difference Between Interactive and Noninteractive Streaming

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
Adele’s decision to not stream her new CD “25” on services like Apple Music and Spotify has been the talk of the entertainment press pages – like this article from the New York Times.  These articles make it sound like, if you listen to any Internet music service, you’ll not hear a song from the… Continue Reading

November Regulatory Dates for Broadcasters – Incentive Auction and Biennial Ownership Report Preparation, Reg Fee Comments, Music Issues, Text to Speech Emergency Information and More

Posted in AM Radio, Broadcast Auctions, Broadcast Performance Royalty, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, FM Radio, General FCC, Intellectual Property, Internet Radio, Music Rights, Television
November is another of those months with no regular filing obligations – no EEO public file and Mid-Term reports, no noncommercial ownership reports, and no quarterly issues programs lists or children’s television reports. EEO public file reports and noncommercial station ownership reports, being tied to renewal dates, will be back in December. See our Broadcaster’s… Continue Reading

Understanding Music Royalties – Congressional Research Service Releases Summary of the Law, While DOJ Asks for More Comments on ASCAP and BMI Consent Decree Reform

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
The legal issues surrounding the use of music in broadcast and digital media is one of those topics that is usually enough to make eyes glaze over.  The importance of understanding these issues is illustrated by this week’s request from the Department of Justice for more information about the rights of songwriters to authorize ASCAP… Continue Reading

House Judiciary Committee Begins Nationwide Listening Tour on Copyright Reform – First Roundtable on September 22 in Nashville Focusing on Music Issues

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
The US House of Representatives has been looking at potential reform of the Copyright Act for some time, holding a number of hearings before the Committee here in Washington DC (see, for instance, our article here about one of those hearings). Yesterday, the Committee announced that it is taking its examination on the road, conducting… Continue Reading