Broadcast Law Blog

Broadcast Law Blog

Category Archives: Music Rights

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What’s Up With Music Rights for Broadcasters and Webcasters? – A Presentation on Pending Issues

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
While this summer has perhaps not brought the big headlines in trade press about copyright issues involving broadcasters – particularly in the area of music rights – there still are many issues that are active. I addressed some of those issues in a presentation earlier this month at the Texas Association of Broadcasters Annual Convention. I… Continue Reading

Congressional Proposal for Copyright Small Claims Court – What Does It Suggest?

Posted in Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
In the last few weeks, we’ve seen almost daily press reports of new lawsuits against media companies being sued for the use of photos on their websites without permission of the photographers. We’ve written many times about copyright issues that can arise if media companies put content on their website without getting permission of the… Continue Reading

DOJ Recommends No Changes in ASCAP and BMI Consent Decrees, And Requires Full-Work Licensing – How It Affects Music Users

Posted in Intellectual Property, Internet Radio, Music Rights
The DOJ yesterday issued its long-awaited review of the ASCAP and BMI antitrust consent decrees. We wrote about the issues raised by the DOJ in its initial inquiry here. The questions that had been advanced in DOJ’s initial notice included (1) whether to allow music publishers to partially withdraw their catalogs from one of the… Continue Reading

SOCAN Buys Audiam – The Consolidation and Fragmentation of Music Rights – What Does it Mean for Music Services?

Posted in Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
The Canadian performance rights society SOCAN (essentially the Canadian version of ASCAP, BMI and SESAC) has announced the purchase of Audiam, a private company that specialized in representing composers trying to maximize their music rights collections – both for performance rights and mechanical royalties – worldwide. Audiam also claims to provide a comprehensive database of… Continue Reading

Legal Issues for Broadcasters – Updates on Pending Matters

Posted in AM Radio, Appearances, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Multiple Ownership Rules, Music Rights, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
There are so many legal issues that facing broadcasters that it is sometimes difficult to keep up with them all. This Blog and many other activities that those at my firm engage in are meant to help our clients and other broadcasters keep up to date on all of the many regulatory challenges with which… Continue Reading

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

Axl Rose DMCA Takedown Notices Illustrate the Difficulty With Safe Harbor Reforms – User-Generated Content and Fair Use Issues

Posted in Intellectual Property, Music Rights, Website Issues
In recent days, the press has been full of stories about Axl Rose from the band Guns N’ Roses sending take-down notices to websites, including Google affiliated sites, that feature a picture taken of him from one of his concerts making him look to be overweight (see, e.g. stories available here, here and here). The… 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

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

2016 is a Big Year for Radio and ASCAP, BMI and SESAC

Posted in AM Radio, Broadcast Performance Royalty, FM Radio, Intellectual Property, Music Rights, Noncommercial Broadcasting, On Line Media
The “performing rights organizations” – ASCAP, BMI and SESAC – don’t get as much attention in these pages as do the royalties paid to SoundExchange for the use of “sound recordings.” The PROs collect for the public performance of the “musical work” or the musical composition – the words and music of a song. These… 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

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

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

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

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