Broadcast Law Blog

Broadcast Law Blog

Tag Archives: performance royalty

Congressman Watt’s Music Royalty Bill – Performance Royalty For Over-the-Air Broadcasters And Other Fundamental Copyright Act Changes Impacting All Digital Music Services

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
Congressman Mel Watt from North Carolina this week introduced his long-awaited bill proposing that over-the-air radio broadcasters pay a royalty to sound recording copyright holders (usually the record label) and to artists. As we have written many times, currently, royalties on sound recordings are paid only by companies that make digital performances, including webcasters (see our … Continue Reading

Gazing Into the Crystal Ball – What Washington Has In Store For Broadcasters in 2013

Posted in Broadcast Performance Royalty, Cable Carriage, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Indecency, Internet Radio, Low Power Television/Class A TV, Multiple Ownership Rules, Music Rights, On Line Media, Political Broadcasting, Privacy, Programming Regulations, Public Interest Obligations/Localism, Television
Every year, about this time, I dust off the crystal ball to offer a look at the year ahead to see what Washington has in store for broadcasters. This year, like many in the recent past, Washington will consider important issues for both radio and TV, as well as issues affecting the growing on-line presence of … Continue Reading

Copyright Office Report Recommends Federalization of Pre-1972 Sound Recordings – Possible Implications For Music Royalties and User-Generated Content

Posted in Music Rights
The Copyright Office last week issued its Report to Congress on pre-1972 sound recordings (with an Executive Summary), addressing whether to bring these recordings under Federal law.  As we wrote last year when the Copyright Office solicited comments on the issues raised by this report, sound recordings (i.e. aural recordings embodied in some fixed form like a CD, record … Continue Reading

NAB Radio Board Adopts Proposal for Settlement of Performance Tax Issue – Where Do We Go From Here?

Posted in Broadcast Performance Royalty, Internet Radio
The NAB Radio Board today voted to adopt a Terms Sheet to offer to the musicFirst Coalition which, if agreed to by musicFirst and adopted by Congress, will settle the contentious issue of whether to impose a sound recording performance royalty (the "performance tax") on over-the-air broadcasters.  If adopted, that will mean that broadcasters in … Continue Reading

Proposed Broadcast Performance Royalty Back in the News – Where is It Going?

Posted in Broadcast Performance Royalty, Internet Radio, Music Rights
In one more indication that the Broadcast Performance Royalty (or "performance tax" as opponents of the legislation call it) is not dead yet is an article in yesterday’s New York Times reviewing the issues at stake in the proceeding.  What was perhaps most interesting about that article was the fact that it appeared only one … Continue Reading

David Oxenford Updates Kansas Broadcasters on Washington Legal Issues

Posted in Appearances, Broadcast Performance Royalty, Multiple Ownership Rules, Public Interest Obligations/Localism
David Oxenford provided a legal update on Washington issues to the Kansas Association of Broadcasters Annual Convention in Topeka on October 19, 2009.  His presentation – What Broadcasters Need to Know About What to Expect from Washington in 2009-2010 - discussed issues including the proposed broadcast performance royalty, localism and multiple ownership proceedings at the FCC, LPFM changes, and advertising and sponsorship … Continue Reading

Gazing Into the Crystal Ball – The Outlook for Broadcast Regulation in 2009

Posted in Advertising Issues, AM Radio, Broadcast Performance Royalty, Cable Carriage, Digital Radio, Digital Television, EEO Compliance/Diversity, Fairness Doctrine, General FCC, Indecency, Internet Radio, Low Power Television/Class A TV, Multiple Ownership Rules, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism
Come the New Year, we all engage in speculation about what’s ahead in our chosen fields, so it’s time for us to look into our crystal ball to try to discern what Washington may have in store for broadcasters in 2009. With each new year, a new set of regulatory issues face the broadcaster from the … Continue Reading

Stephen Colbert’s Christmas Special Explains Broadcast Performance Royalties

Posted in Broadcast Performance Royalty, Intellectual Property, Television
The Stephen Colbert Christmas Special begins with Colbert sitting at the piano, writing new Christmas songs.  Why?  He explains that, while he likes all of the old Christmas songs well enough, he’d only get royalties if he wrote the songs, so he’s writing his own.  In a few sentences, Colbert explains the system of broadcast … Continue Reading

Payola on Internet Radio – Legal?

Posted in Internet Radio, Payola and Sponsorship Identification
In a recent article in Silicon Valley Insider, TargetSpot’s CEO, Doug Perlson, suggests that the financial savior of Internet Radio might be payola - taking money from record companies or artists to play their songs.  Putting aside any issues of the financial benefits of such a plan, and the creative and aesthetic issues that pay for play … 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

Copyright Royalty Board Requests Comments on Business Establishment Service Royalty Rate

Posted in Intellectual Property, Internet Radio
Last week, the Copyright Royalty Board published an order seeking comments on a proposed settlement establishing the royalties for "Business Establishment Services."  Essentially, this is the royalty paid by a service which digitally delivers music to businesses to be played in stores, restaurants, retail establishments, offices and similar establishments (sometimes referred to as "background" or "elevator" music, though … Continue Reading

Copyright Royalty Board Asks for Comment on Music Choice Royalty – Satellite Radio is Next

Posted in Intellectual Property, Internet Radio
The Copyright Royalty Board has asked for comments on proposed royalty rates for the use of sound recordings by "Preexisting Subscription Services."  In adopting the Digital Millennium Copyright Act, Congress divided digital music services into various categories, each of which are assessed different royalties for the use of sound recordings. Preexisting subscription services were those digital subscription music … Continue Reading