Broadcast Law Blog

Broadcast Law Blog

Category Archives: On Line Media

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No Cost of Living Increase in Webcasting Royalties for 2017

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
A year ago, when the Copyright Royalty Board adopted the rates for webcasters (including broadcasters who simulcast their programming by online streaming) to pay for the sound recording performance royalty (see our summary here and here), one difference from previous decisions is that there was a single per-song, per-listener royalty adopted. In the past decisions,… Continue Reading

Copyright Office New Electronic Registration for Designated Agents for Take Down Notices Goes Live – and The Office Asks for More Comments on Assessing The Section 512 Safe Harbor for User-Generated Content

Posted in Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
The Copyright Office’s new system for registering designated agents for the service of take-down notices when it is believed that user-generated content infringes on intellectual property rights has now gone live. The Copyright Office issued a reminder, here, that all new registrations of agents for the service of these take-down notices must now be submitted… Continue Reading

Upcoming Seminar on Digital and Social Media Legal Issues for Broadcasters – and Thoughts About Profiting From Trademarks

Posted in Intellectual Property, Music Rights, On Line Media, Trademark, Website Issues
Tomorrow afternoon eastern time, I will be conducting a webinar for at least 20 state broadcast associations on legal issues for broadcasters in their social and digital media efforts.  We’ll talk about many of the potential legal landmines that can be hidden in these new media efforts, many of which we have written about here… Continue Reading

RMLC Files Antitrust Lawsuit Against GMR And Seeks to Enjoin New Music License Fees on Radio Stations

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
RMLC, the organization that represents most commercial radio stations in the US in negotiating music license agreements for the public performance of musical compositions, has filed an antitrust lawsuit against GMR (Global Music Rights). GMR is a new performing rights organization (PRO), founded by music industry heavyweight Irving Azoff.  As we wrote here and here,… Continue Reading

Copyright Office Announces Rules for New Electronic Filing System for Service Provider’s Designated Agents for Take-Down Notices Under Section 512 Safe Harbor for User-Generated Content

Posted in Intellectual Property, On Line Media, Website Issues
Section 512 of the Copyright Act provides a safe harbor for Internet service providers whose systems are used to transmit content created by third parties which infringes on copyrights.  The provisions apply not only to common-carrier like services that merely transmit third-party content, but also to websites and other digital services that allow users to… Continue Reading

More Lawsuits for Unauthorized Use of Photos – Even on Social Media Sites

Posted in Intellectual Property, On Line Media, Website Issues
In recent weeks, we have continued to see copyright lawsuits against broadcasters filed by photographers who allege that their photos have been used without permission.  This spate of lawsuits has not been confined to filings against broadcast companies – even the Donald Trump campaign has reportedly been sued recently for his son’s tweet of a… Continue Reading

Trademark Basics, Part Five: Trademarks on the Internet

Posted in AM Radio, FM Radio, Intellectual Property, Internet Radio, On Line Media, Television, Trademark, Website Issues
Once you have identified your marks and sought protection through registration for some or all of them, there are still going to be other issues that you will need to consider. Trademark owners have an obligation to police their marks and take steps to stop infringers. Otherwise, they may run the risk that someone else… Continue Reading

Second Circuit Holds Marketing Campaign Organizer Liable Under FTC Act for Deceptive Representations of Its Marketing “Affiliates”

Posted in Advertising Issues, On Line Media, Website Issues
There is nothing new about the FTC bringing enforcement actions based on deceptive advertising practices.  Those cases are the FTC’s bread and butter.  But in recent years the FTC has been pushing forward with cases that address the increasingly complex network of entities involved in marketing, including companies that collect, buy, and sell consumer information… Continue Reading

Legal Issues for Digital Audio Companies – A Presentation

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media, Trademark, Website Issues
This week, I was given 15 minutes at the RAIN (Radio and Internet Newsletter) Summit in Nashville to summarize all of the legal issues that are important to digital audio companies including webcasters and podcasters.  While getting everything into a presentation that short entailed some speed talking and the briefest description of many very complicated… Continue Reading

BMI Judge Rejects DOJ Conclusion that Consent Decree Requires 100% of Songs – What Does that Mean for Music Services?

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
On Friday, the US District Court judge who oversees the administration of the BMI Consent Decree rejected the recent Department of Justice interpretation that the antitrust consent decree required that, when BMI licensed music to music users, that license would embody the full musical work, not just a fractional interest that might be held by… Continue Reading

September FCC Meeting To Be a Big One for Media Companies – Set Top Boxes, Foreign Ownership of Broadcast Stations and Promotion of Independent Programming

Posted in Cable Carriage, General FCC, Intellectual Property, Internet Video, Multiple Ownership Rules, On Line Media, Programming Regulations, Television
September 29 will be a big day for broadcasters and other media companies when the FCC holds its next open meeting. In the tentative agenda for that meeting released on Thursday, the FCC identified several issues that deal with the media including two big items on video issues – the decision as to what to… Continue Reading

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

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

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

FCC Announces June 24 Effective Date for Radio Online Public Inspection File and New System for TV Stations Online File, Plus a Reminder to Upload JSAs

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, Multiple Ownership Rules, On Line Media, Political Broadcasting, Public Interest Obligations/Localism, Television, Website Issues
The FCC today issued a Public Notice that the obligation will begin on June 24 to start uploading documents to the online public file for radio stations in the Top 50 markets .   For Top 50 market commercial radio stations that are part of employment units with 5 or more full-time employees, the June 24… 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

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

SERIAL Trademark Denied – Should One of the Most Popular Podcasts Ever Be Able to Protect Its Name?

Posted in Intellectual Property, On Line Media, Trademark
This article was written by two new contributors to the Blog, trademark attorneys Radhika “Ronnie” Raju and Kelly Donohue. According to the Patent and Trademark Office (PTO), the answer is “No,” as the PTO recently refused an application by the producer of the podcast to register the mark SERIAL for an ongoing audio program, finding… 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

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

Online Public Inspection File for Radio Still in the Future – Practical Impact Still a Few Months Away

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, On Line Media, Political Broadcasting, Public Interest Obligations/Localism, Television, Website Issues
In the last day or two, some broadcast trade press reports may have given the impression that the FCC’s new online public file rules for radio may now be “effective,” suggesting that Top 50 market stations with 5 or more full-time employees need to start uploading their new political documents into the file (the first… Continue Reading