Broadcast Law Blog

Broadcast Law Blog

Tag Archives: music royalties

Copyright Office Extends Comment Date on Music Licensing Study; Copyright Royalty Board Extends Reply Comment Deadline on Webcasting Recordkeeping

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
Extensions of time were just announced in two proceedings affecting music licensing – one a Copyright Office proceeding studying music licensing generally, and another a Copyright Royalty Board proceeding on webcasting recordkeeping.  Only a week after announcing that it would take another round of comments on its music licensing study, the Copyright Office announced an … Continue Reading

The Summer of Copyright, Part 3 – The Copyright Office Requests Further Comments in its Inquiry on Music Royalties and Licensing

Posted in Intellectual Property, Internet Radio, Music Rights
We’ve already written twice about the copyright issues being considered this summer before various agencies and branches of government – all dealing with music licensing issues (see our previous Summer of Copyright articles here and here).  The pattern continues, as the Copyright Office has now requested further comments on music licensing issues, following up on … Continue Reading

The Summer of Copyright and Music Licensing Part 1 – Songwriters Demand A Bigger Share

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
This is the summer of copyright – as seemingly every government agency with any connection to media issues is looking at music licensing and other copyright issues.  Much press was given to the House Judiciary Committee hearing held last week.  But the Congressional committee’s consideration of copyright issues is but one of the many places … Continue Reading

Copyright Royalty Board Calls for Petitions to Participate in Proceeding to Set Webcasting Royalties for 2016-2020 – Posing Many Questions for Potential Participants

Posted in Intellectual Property, Internet Radio, Music Rights
The Copyright Royalty Board today published in the Federal Register its notice announcing the commencement of the next proceeding to set webcasting royalty rates for 2016-2020.  The Notices (here for webcasting and here for “new subscription services” – subscription webcasting and other similar pay digital music services, other than satellite and cable radio whose royalties … Continue Reading

Constitutionality of Copyright Royalty Board Argued Before the US Court of Appeals – How Will It Affect Future Music Royalty Rate-Setting?

Posted in Intellectual Property, Internet Radio, Music Rights
The Copyright Royalty Board makes many important decisions, yet for the last several years, there has been a cloud over its operations, as there have been questions as to whether its members were constitutionally appointed (see our articles here, here and here). Well, the question is before the Courts again – this time squarely in front of … Continue Reading

David Oxenford Conducts Webinar for State Broadcast Associations on Legal Issues in the Digital Media World – Including a Discussion of Ephemeral Copies of Sound Recordings

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
Dave Oxenford this week conducted a seminar on legal issues facing broadcasters in their digital media efforts.  The seminar was organized by the Michigan Association of Broadcasters, and originated before a group of broadcasters in Lansing, but was webcast live to broadcasters in ten other states.  Dave addressed a variety of legal issues for broadcasters in connection with their website operations … Continue Reading

Digital Legal Issues For Broadcaster’s Websites – David Oxenford Addresses Maine Association of Broadcasters Convention

Posted in Internet Radio, On Line Media, Website Issues
Broadcasters have a host of other legal issues that they should consider in connection with their digital presence.  At last week’s Maine Association of Broadcasters Annual Convention in Bangor, Dave Oxenford addressed these issues, including service marks and copyrights, employment matters, music on websites, the use of social media, privacy and sponsorship disclosure.  A copy of Dave’s presentation on the Legal Issues in … Continue Reading

David Oxenford Moderates Panels on Music Rights and Licensing at RAIN Summit North and Digital Music Forum East

Posted in Appearances, Internet Radio, Music Rights
In the last two weeks, David Oxenford has, at two different conferences, moderated panels on digital music rights and licenses.  At the Digital Music Forum East, in New York City on February 25, 2010, his panel focused on rights and licenses generally, featuring panelists from SoundExchange, BMI, the Harry Fox Agency, Rightsflow and MediaNet.  As a … Continue Reading

SoundExchange Announces 4 More Settlements Under Webcaster Settlement Act – Sirius, College and Religious Noncommercial Broadcasters and a Group to be Named Later

Posted in Internet Radio
SoundExchange has posted on its website this afternoon four press releases announcing new settlements of amounts due for Internet radio music royalties.  These settlements were negotiated under the provisions of the Webcaster Settlement Act of 2009.  The announcement lists settlements with two noncommercial groups representing College Broadcasters and noncommercial religious broadcasters, as well as a … Continue Reading

Pureplay Webcasters Settlement Agreement Published In Federal Register – 30 Days for Webcasters to Make a Choice

Posted in Internet Radio
The Pureplay Webcasters settlement agreement, which we summarized here, was published in the Federal Register on Friday, starting the 30 day clock running for the election of the deal by existing webcasters.  While this deal offers better per performance rates to large webcasters than offered by the rates established by the Copyright Royalty Board, and … Continue Reading

Pureplay Webcasters and SoundExchange Enter Into Deal Under Webcaster Settlement Act to Offer Internet Radio Royalty Rate Alternative for 2006-2015

Posted in Internet Radio
A settlement under the Webcaster Settlement Act of 2009 was signed today by SoundExchange and a group of webcasters that I represented in the Copyright Royalty Board proceeding to determine the royalty rates for the use of sound recordings by Internet Radio stations for the period from 2006-2010. This agreement is for “pureplay” webcasters, i.e. those … Continue Reading

MusicFirst’s Complaint to the FCC: The First Amendment and the Performance Royalty

Posted in Broadcast Performance Royalty, Fairness Doctrine, Payola and Sponsorship Identification, Public Interest Obligations/Localism
The MusicFirst coalition last week asked that the FCC investigate broadcast stations that allegedly cut back on playing the music of artists who back a broadcast performance royalty, and also those stations who have run spots on the air opposing the performance royalty without giving the supporters of the royalty an opportunity to respond.  While the NAB and many other observers have suggested that … Continue Reading

Webcaster Settlement Act Approved By Senate – 30 Days For Internet Radio Royalty Settlements After the President’s Signature

Posted in Internet Radio
The US Senate yesterday passed the Webcaster Settlement Act of 2009, following House passage 10 days ago.  Once the Act receives the signature of President Obama, the law will go into effect, and give webcasting groups and the recording industry 30 days to reach a settlement (or settlements) on Internet radio music royalties for the use … Continue Reading

Here We Go Again – Copyright Royalty Board Announces Date for Filing to Particpate in Proceeding to Set Webcasting Royalties for 2011-2015

Posted in Internet Radio
The Copyright Royalty Board today published a notice in the Federal Register announcing the start of its next proceeding to set the royalties to be paid by Internet radio operators for the performance rights to use "sound recordings" (a particular recording of a song as performed by a particular performer) pursuant to the statutory royalty.  As … Continue Reading

Will Guitar Hero Show the Promotional Value of Music and Change the Music Royalty Outlook?

Posted in Intellectual Property, Internet Radio, On Line Media
We’ve previously written about the value of music in connection with the royalties to be paid by Internet Radio and the performance royalty (or "performance tax" as it’s labeled by the NAB) proposed for broadcasters. One of the questions that has always been raised in any debate about royalties, and one often dismissed by the record industry, … Continue Reading

Webcaster Settlement Act – What Does It Mean?

Posted in Internet Radio
Both the House and the Senate have now approved the Webcaster Settlement Act of 2008, which will become law when it is signed by the President. Just what does this bill do? It does not announce a settlement of the contentious Internet Radio royalty dispute, about which we have extensively written here. It does not change the standard … Continue Reading

Senate Hearing: The Search for Compromise on Music Performance Royalties – Part Two: The Issue of Perspective

Posted in Internet Radio
Last week, we wrote about one issue that was addressed at last week’s Senate Judiciary Committee hearing on music royalties – the standards used to derive the royalties, and expressed hope that there was at least some interest in compromise on behalf of the Senators and industry representatives.  However, another issue which came out of those … Continue Reading

Senate Hearing: The Search for Compromise on Music Performance Royalties – Part One: The Issue of Standards

Posted in Broadcast Performance Royalty, Internet Radio
Tuesday, the Senate Judiciary Committee held a hearing on the sound recording performance royalty, titling the hearing  "Music and Radio in the 21st Century: Assuring Fair Rates and Rules Across Platforms" (a webcast of which can be accessed here).  While the hearing was ostensibly to search for a way to come up with a uniform system of … Continue Reading

FCC Releases Public Notice of Decision Approving XM-Sirius Merger – Precedent for Broadcast Ownership Not Yet Clear

Posted in Digital Radio, Multiple Ownership Rules
The FCC has released a Public Notice announcing its approval of the XM and Sirius satellite radio merger.  The public notice is only two pages long, with a four page appendix providing very brief summaries of the conditions imposed on the two companies which a majority of the Commissioners found sufficient to protect consumers from … Continue Reading

Copyright Office Issues Notice of Proposed Rulemaking That Could Make Section 115 Royalty Applicable to Internet Radio

Posted in Intellectual Property, Internet Radio, On Line Media
Broadcasters and other digital media companies have recently been focused on the royalties that are to be charged by the record labels for public performance of a sound recording in a digital transmission (under the Section 114 compulsory license administered by SoundExchange).  In a Notice of Proposed Rulemaking issued this week, the Copyright Office tentatively concludes that there could be yet … Continue Reading

Does the Copyright Royalty Board Exist – Internet Radio Appeal Proceeds and New Issues Arise

Posted in Internet Radio
The appeals of last year’s Copyright Royalty Board decision on the royalties paid for the use of sound recordings by Internet radio stations continue on, and one recent filing raises interesting questions of whether or not the CRB was properly appointed.  Last week, the Department of Justice, which represents the CRB in defending its decision in the Court of … Continue Reading

SoundExchange to Audit Internet Radio Royalty Payments of Last.FM – What is the Value of Music?

Posted in Internet Radio
Under the compulsory license for the use of sound recordings – the license which allows Internet radio services to use all legally recorded sound recordings by paying a royalty set by the Copyright Royalty Board – the designated collection agency can, once each year, audit a licensee to assess its compliance with the royalty requirements.  … Continue Reading