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Category Archives: Internet Video

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Copyright Office Reviews Section 512 Safe Harbor for Online User-Generated Content – The Differing Perceptions of Musicians and Other Copyright Holders and Online Service Providers on the Notice and Take-Down Process

Posted in Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
Both the popular and media trade press has been full of reports in the last few weeks about musicians and other artists petitioning the Copyright Office to hold YouTube and other online services liable for infringement when the artists’ copyrighted material appears on the service (see, e.g. the articles here and here). The complaints allege… Continue Reading

Another Loss for FilmOnX in its Quest to Be Recognized as a Cable System Entitled to Rely on Statutory License to Retransmit TV Signals

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Television
FilmOnX, that Aereo copycat service that seeks to deliver the signals of over-the-air television stations to consumers’ computers for a fee, has lost another round in its attempt to be recognized as a cable system. Ever since the Aereo decision of the Supreme Court (which we summarized here), finding that services like Aereo and FilmOn… Continue Reading

What Washington Has in Store for Broadcasters in 2016 – Looking at the Legal Issues that the FCC Will Be Considering in the New Year

Posted in Advertising Issues, AM Radio, Broadcast Auctions, Cable Carriage, EEO Compliance/Diversity, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Indecency, Internet Video, Low Power Television/Class A TV, Multiple Ownership Rules, Noncommercial Broadcasting, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
It’s that time of the year when we need to dust off the crystal ball and make predictions about the legal issues that will impact the business of broadcasters in 2016.  While we try to look ahead to identify the issues that are on the agenda of the FCC and other government agencies, there are… 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

DC Court Finds FilmOn X Internet TV Service is Not a Cable System and Cannot Rely on Statutory License to Retransmit Over-the-Air TV Signals

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, Television, Website Issues
The US District Court in Washington DC last week decided that FilmOn X could not rely on the compulsory license of Section 111 of the Copyright Act to retransmit the signal of over-the-air television stations to consumers over the Internet. The compulsory license allows a system to rebroadcast copyrighted material without getting express permission from… Continue Reading

December Regulatory Dates for Broadcasters – Ownership and EEO Reports, Retransmission Consent and Foreign Ownership Rulemaking Comments, Incentive Auction and Accessibility Obligations

Posted in Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, General FCC, Incentive Auctions/Broadband Report, Internet Video, Noncommercial Broadcasting, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
December is one of those months when all commercial broadcasters have at least one FCC deadline, and there are also many other filing dates of which many broadcasters need to take note.  For all commercial broadcasters, Biennial Ownership Reports are due on December 2.  Hopefully, most broadcasters have already completed this filing obligation, as FCC… Continue Reading

Highlighting the Scope of Legal Issues that Can Arise in a Media Company’s Digital Operations

Posted in Appearances, Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
What legal issues should a broadcaster be concerned about when expanding its use of digital media?  Two weeks ago, I did a presentation for the CBI National Student Electronic Media Conference on issues for college broadcasters who are using digital media.  While this presentation was made to college broadcasters, most of the issues discussed are… Continue Reading

New Accessibility Compliance Deadlines for TV Stations Coming Very Soon

Posted in Digital Television, Emergency Communications, Internet Video, Low Power Television/Class A TV, On Line Media, Programming Regulations, Television, Website Issues
TV stations have in the past few years been hit with many requirements for making their programming – especially emergency information – accessible to all people within their service areas. Two deadlines loom in the very short term that stations need to remember – the requirements for converting text based emergency information aired on their… 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

A Compulsory License for Internet TV Platforms to Retransmit Broadcast TV? One US District Court Considering FilmOnX Seems to Think So

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television, Website Issues
  Over-the-top video systems, using the Internet to transmit over-the-air TV signals to consumers, are back in the news. Last week, a US District Court Judge in the Central District of California, in a case involving FilmOnX, an Aereo-like service that had been involved in many of the court decisions that had preceded the Supreme… Continue Reading

Copyright Office Starts New Study on Enforcing Copyrights on Photos and Other Visual Images in a Digital World

Posted in Intellectual Property, Internet Video, On Line Media, Website Issues
We have written in the past about the concerns that broadcasters face about the unauthorized use of photos on station websites. Some broadcasters have had problems when they found that photos posted on their websites were posted without permission of the copyright holder – and representatives of the copyright holder contacted the stations with demands… Continue Reading

FCC Extends Reply Comment Deadline on Treating Over-the-Top Video as an MVPD

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Programming Regulations, Television
The FCC has extended the Reply Comment deadline in its proceeding looking at whether to apply some or all of the regulations applicable to multichannel video programming distributors (MVPDs – cable and satellite TV) to over-the-top video providers who provide multiple channels of video programming in a linear fashion (i.e. like a cable system, with the… Continue Reading

March Regulatory Dates for Broadcasters – Closed Captioning Quality Standards Effective Date, Comments on Online Public File, MVPD Status for Online Video Providers, LIFO for Political Ads, and FRNs for Biennial Ownership Reports

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, Internet Video, License Renewal, Noncommercial Broadcasting, On Line Media, Political Broadcasting, Programming Regulations, Television
March is one of those rare months on the broadcast calendar when there are few routine regulatory deadlines for broadcasters. As we are winding down in the television license renewal cycle, the month’s only license renewal obligations for TV broadcasters are the pre-filing license renewal announcements on the 1st and 16th of the month for… Continue Reading

FCC Extends Comment Dates in Proceeding Looking to Regulate Online Video Under MVPD Rules

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, On Line Media, Television
The FCC yesterday released a public notice extending the comment dates in their proceeding to regulate Online (or “over-the-top”) Video, particularly Internet video providers who provide multiple channels of linear video programming (programming streamed at the same time to all viewers, as opposed to on-demand video like that provided by Netflix or Amazon), in the… Continue Reading

February Regulatory Dates for Broadcasters – TV Renewals, EEO Reports, Lots of TV Incentive Auction Activity, OTT MVPD and Contest Comments, and Last-Minute January Deadlines for Webcasting

Posted in Broadcast Auctions, Cable Carriage, Digital Television, EEO Compliance/Diversity, FCC Fines, General FCC, Incentive Auctions/Broadband Report, Internet Radio, Internet Video, License Renewal, Low Power Television/Class A TV, Noncommercial Broadcasting, On Line Media, Television
As in any month, February has many impending deadlines for broadcasters and media companies – many routine regulatory obligations as well as some that are specific to certain proceedings.  First, let’s look at some of the routine filing deadlines.  On February 2, license renewal applications in the second-to-last filing window of this renewal cycle are… Continue Reading

FCC Regulation of Internet Video? – Dates Set for Comments on Treating Over-the-Top Video Providers like Cable and Satellite TV

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Programming Regulations, Television, Website Issues
Who says that the Internet is not regulated?  Whether to treat Internet video providers by the same rules that apply to cable and direct broadcast satellite systems is the subject of a Notice of Proposed Rulemaking released by the FCC just before Christmas, notice of which was published in the Federal Register today, setting the… Continue Reading

December Regulatory Dates for Broadcasters – Renewals, EEO Reports and Noncommercial Biennial Ownership Reports in Some States; TV Ancillary and Supplementary Revenue Reports; As Well as LPTV Rulemaking Comments and Many Other Expected Actions

Posted in Cable Carriage, Digital Television, FCC Fines, General FCC, Incentive Auctions/Broadband Report, Internet Video, License Renewal, Low Power Television/Class A TV, Noncommercial Broadcasting, On Line Media, Programming Regulations, Public Interest Obligations/Localism
While we are in the Holiday season, the regulatory obligations faced by broadcasters don’t stop.  December brings a continuation of the TV renewal cycle, though we are nearing the end of that cycle.  Renewal applications for all TV, Class A and LPTV stations in the following states are due on December 1: Connecticut, Maine, Massachusetts,… Continue Reading

November Regulatory Dates for Broadcasters – The End of the Political Window, Incentive Auction and Online Video Clip Comments and More

Posted in General FCC, Incentive Auctions/Broadband Report, Internet Video, License Renewal, Low Power Television/Class A TV, Political Broadcasting, Television
The month of November is one of those rare months on the FCC calendar when there are few routine regulatory filing deadlines for broadcasters.  In odd years, we would have Biennial Ownership Reports but, being an even year, we can wait until 2015 for that obligation for commercial broadcasters.  There is a new November 28… Continue Reading

FCC Policy by Blog Post – Over-the-Top Internet-Delivered Television Programming Providers May be Treated as MVPDs, a Reaction to Aereo?

Posted in Cable Carriage, Digital Television, Incentive Auctions/Broadband Report, Intellectual Property, Internet Video, On Line Media, Programming Regulations, Television
The FCC announced two significant policy initiatives by Blog post in the last week – perhaps recognizing that the Internet provides a better way of packaging a message about policy directions than an unpredictable news conference.  The two decisions announced this week by Blog post were (1) the Chairman announcing that he has directed that… Continue Reading

Why is a US Radio Station Getting a Notice about Webcasting Royalties in Canada? – Why Webcasters Geo-Block Their Streams to Avoid International Music Royalties

Posted in Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
An Alabama radio station recently received a notice about the new royalty rates that are payable to ReSound, the Canadian equivalent of SoundExchange, a collective set up to receive from webcasters royalties for the public performance of sound recordings and to distribute those royalties to the copyright holders (usually the labels) and the artists who… Continue Reading

Will FCC Extend MVPD Rules to Online Video Providers – Including Retransmission Consent Fees and Program Access Rules?

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television
Could a change in the FCC treatment of Internet delivered video services be in the works – and how would that affect services like Aereo?  There were a number of published articles last week that suggested that the FCC was considering extending the definition of a Multichannel video programming distributor (MVPD) to over-the-top video providers… Continue Reading

October Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, New Form for TV CP Applications, Comments on Captioning of Video Clips and Incentive Auction Reimbursement Form and More!

Posted in Children's Programming and Advertising, Digital Television, EEO Compliance/Diversity, General FCC, Incentive Auctions/Broadband Report, Internet Video, License Renewal, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television
With regulatory fees behind us, October brings a number of the routine quarterly regulatory filing dates.  October 10 for all broadcast stations, commercial and noncommercial, is the date by which your Quarterly Issues Programs lists, setting out the most important issues that faced your community in the last quarter and the programs that you broadcast… Continue Reading

Comment Dates Set for Rulemaking on the Required Captioning of Online Video Clips – What is Being Considered?

Posted in Digital Television, Internet Video, On Line Media, Television, Website Issues
The Commission has set the date for comments on it Further Notice of Proposed Rulemaking on certain aspects of the captioning of Online Video clips.  We recently summarized the FCC action setting up compliance deadlines for the captioning of video clips taken from programs that are shown on TV with captions, and then repurposed for… Continue Reading

FCC Adopts New Obligations to Caption Online Video Clips of TV Programs

Posted in Digital Television, Internet Video, On Line Media, Television, Uncategorized, Website Issues
The FCC on Friday voted to extend its rule about captioning TV video repurposed to the Internet so as to cover not only full television programs, but also clips of those programs.  While the rules already require that TV programming that is captioned when broadcast to be captioned when retransmitted in full over the Internet, the… Continue Reading