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Broadcast Law Blog

Category Archives: On Line Media

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Court of Appeals Rules that Over-the-Top Video Service is Not a Cable System Entitled to Statutory License to Retransmit TV Station Programming

Posted in Cable Carriage, Internet Video, On Line Media, Television
In a decision released this week, the 9th Circuit Court of Appeals overturned a District Court decision (about which we wrote here) that had found that a video service provided by Aereokiller was a “cable system” as defined by Section 111 of the Copyright Act. That decision had held that, as a cable system, Aereokiller… Continue Reading

Flo and Eddie NY Suit on Pre-1972 Sound Recordings Ordered Dismissed By Court of Appeals – No Issues with Copies Made in the Transmission Process

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
This week, the US Court of Appeals essentially ended Flo and Eddie’s New York case against Sirius XM where it tried to establish a public performance royalty in pre-1972 sound recordings. The Court of Appeals sent the case back to the US District Court with instructions that it be dismissed, finding that a December decision… Continue Reading

Copyright Office to Extend Comment Dates on Examination of DMCA Section 512 Safe Harbor for User-Generated Content

Posted in Intellectual Property, Music Rights, On Line Media, Website Issues
The Copyright Office is scheduled to publish in the Federal Register tomorrow an extension of time for parties who wish to comment on the Request for Additional Comments in its study of Section 512 of the Digital Millennium Copyright Act, the “safe harbor” for those Internet Service Providers who host websites or run networks on… Continue Reading

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Ownership and EEO Comments, Copyright Issues and More

Posted in Children's Programming and Advertising, EEO Compliance/Diversity, General FCC, Intellectual Property, Internet Radio, Internet Video, Multiple Ownership Rules, Music Rights, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
Here we are at the start of a new year, and right away we have numerous regulatory deadlines for broadcasters. By the 10th of the month, all broadcast stations need to have placed in their public inspection files (online for TV and for those radio stations that have already converted to the online public file,… Continue Reading

Public Comments Requested on Qualifications for Copyright Office Chief

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
There is now a vacancy in the top position at the Copyright Office, the Register of Copyrights, and the Librarian of Congress, who appoints the Register, has asked for comments on the role and qualifications for the new Register. These comments are due by January 31, 2017. While setting copyright law has thus far been… Continue Reading

GMR and RMLC Agree to Interim License for Commercial Radio Stations – Providing 9 Months to Reach Final Deal for Public Performance of Musical Compositions

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
On Saturday, RMLC announced that it has reached an “interim” agreement with the new performing rights organization Global Music Rights (GMR) for a license to perform musical compositions controlled by GMR.  This agreement (available on the RMLC website here) is an interim agreement for radio stations that elect to participate, and covers only the first… Continue Reading

NY State’s Highest Court Finds that There is No Public Performance Right in Pre-1972 Sound Recordings

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
The New York State Court of Appeals, the state’s highest court, has ruled that there is no public performance right in pre-1972 sound recordings in the state of New York. The decision (available here in a version subject to revision) was reached after the US Court of Appeals certified the question to the state court… Continue Reading

Advertise Like Santa Is Watching – 6 Holiday Advertising/Marketing Tips to Help You Stay Off The Naughty List

Posted in Advertising Issues, Children's Programming and Advertising, Intellectual Property, Music Rights, On Line Media, Payola and Sponsorship Identification, Programming Regulations, Trademark, Website Issues
It’s the holiday season, and many of us are turning our thoughts to celebrating with friends and family. It is also high season for shopping, which means the airwaves, social media, websites and print pages are full of opportunities to buy, sell, and advertise. Whether you consider that to be a feature or a bug,… Continue Reading

License Renewal Shows FCC Does Not Regulate Content – Implications for Calls to Regulate Fake News?

Posted in Fairness Doctrine, License Renewal, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism
Last week, the full FCC issued a decision upholding the license renewal grant of a Pacifica-owned radio station in New York. A listener was complaining that the station broadcast favorable statements about an individual who had shot a police officer. The FCC first noted that the listener had not provided details of the statement, but… Continue Reading

Legal Issues in Digital and Social Media – Identifying the Landmines for Broadcasters and Other Media Companies – A Video Webinar

Posted in Advertising Issues, Appearances, Children's Programming and Advertising, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Payola and Sponsorship Identification, Privacy, Trademark, Website Issues
Almost every week, we write about some legal issue that arises in digital and social media – many times talking about the traditional media company that did something that they shouldn’t have done in the online world, and ended up with some legal issues as a result. Two weeks ago, I conducted a webinar, hosted… Continue Reading

The Next Congress Has Not Yet Begun, and Already Copyright Issues are Poised for Comment – First Up, Copyright Office Reform

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
While the new Congress will not begin until after the New Year, already copyright reform has been teed up to be on the agenda.  Posted last week on the website of the House of Representative’s Judiciary Committee was an announcement that the committee would be posting policy proposals for copyright reform from time to time,… Continue Reading

GMR Sues RMLC – Claims Antitrust Violations for Negotiating Royalties on Behalf of the Radio Industry – What Are the Implications?

Posted in AM Radio, Broadcast Performance Royalty, FM Radio, Intellectual Property, Internet Radio, Music Rights, On Line Media
Just a few weeks ago, we wrote about the Radio Music License Committee (RMLC) filing a lawsuit against Global Music Rights (GMR) alleging that GMR was violating the antitrust laws by offering an all or nothing blanket license for rights to play the songs written by certain songwriters now represented by this new performing rights… Continue Reading

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