Broadcast Law Blog

Broadcast Law Blog

Tag Archives: performance tax

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

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

NAB Board Comes to DC to Discuss Radio Performance Royalties – Is There a Deal in the Works?

Posted in Broadcast Performance Royalty, Music Rights
The debate over the proposed performance royalty (or "performance tax") on over-the-air radio is once again front page news in all of the broadcast trade press, as radio executives who make up the NAB Radio Board reportedly are making their way to Washington, DC to decide on whether to pursue a settlement with those seeking to … Continue Reading

Talk of A Settlement on the Terrestrial Radio Performance Royalty – What Would Broadcasters Get?

Posted in Broadcast Performance Royalty
The broadcast trade press has recently been full of talk of the possibility of reaching a settlement with the recording industry on the adoption of a Performance Royalty for broadcast stations -paying performers and record companies for the use of music by radio stations (on top of the fees already paid through ASCAP, BMI and SESAC to composers).  The … Continue Reading

Monkee Business in DC: musicFIRST Capitol Hill Rally Shows that Broadcast Performance Royalty is Still Actively Being Pursued

Posted in Broadcast Performance Royalty
In an email blast that went out this morning, the musicFIRST Coalition, the group organized to pursue a performance royalty on radio broadcasters for the use of music in their over-the-air broadcasts, announced that they would be holding a rally and concert with a member of the 1960s rock band the Monkees, musically backed by three Congressmen.  Mickey Dolenz of … Continue Reading

Copyright Office Issues Letter In Support of Broadcast Performance Royalty – Suggests that Economic Comeback for Radio Makes Royalty More Affordable

Posted in Broadcast Performance Royalty
According to a letter from the Copyright Office that has recently been made public, the economic troubles of broadcasters, which have been used to argue against the imposition of a performance royalty for the use of sound recordings by radio stations, are cyclical and are largely over.  Thus, argues the letter, the improvement in the fortunes of radio … Continue Reading

Copyright Royalty Board Approves Settlement for Sound Recording Royalty Rates for “New Subscription Services” – Any Hints As to What A Broadcast Performance Royalty Would Be?

Posted in Broadcast Performance Royalty, Music Rights
The Copyright Royalty Board has announced its approval of new sound recording performance royalties for "new subscription services", i.e. music services provided to the customers of cable or satellite television systems by companies not in this business in 1998 at the time of the adoption of the Digital Millennium Copyright Act.   This royalty was adopted after … Continue Reading

Digital Media Issues for Broadcasters and FCC Issues Discussed At Oklahoma Association of Broadcasters Convention

Posted in Appearances, On Line Media, Website Issues
Using music on your website, employees on Facebook or twitter, doing podcasts?  Everyone needs a guide to the legal issues that you may face as broadcasters move their content to new platforms.  At the Convention of the Oklahoma Association of Broadcasters, held in Oklahoma City on March 18-19, David Oxenford conducted a seminar on Legal Issues … 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

Congressional Supporters of Performance Royalty Tell NAB to Negotiate With Music Industry – Will It Resolve Anything?

Posted in Broadcast Performance Royalty
This week, six Congressional supporters of the broadcast performance royalty wrote a letter calling upon the NAB to sit down with music industry representatives to reach a "negotiated resolution" of the "longstanding disagreement" in a session to last from November 17 through December 1.  The letter suggests that the negotiations will be supervised by Members of … Continue Reading

Senate Judiciary Committee Approves Broadcast Performance Royalty – With Issues Yet to Resolve

Posted in Broadcast Performance Royalty
The Senate Judiciary Committee today approved the bill to impose a performance royalty (or the "performance tax" as the NAB had called it) on radio broadcasters for the public performance of sound recordings on their over-the-air stations.  As was the case in the House of Representatives when its Judiciary Committee approved their version of the … 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

Senate Judiciary Committee Hearing on Radio Performance Royalty and Platform Parity for Webcaster Royalties

Posted in Broadcast Performance Royalty, Internet Radio
On Tuesday, just before the Senate recesses for its summer vacation, an abridged version of the Senate Judiciary Committee held a hearing on the proposed sound recording performance royalty for over-the-air radio.  Internet radio royalties were also encompassed in this discussion, principally concerning the issue of "platform parity", i.e. whether all music services subject to … Continue Reading

The Broadcast Performance Royalty – Not Dead Yet, as Senate Judiciary Committee to Hold Hearing on Tuesday

Posted in Broadcast Performance Royalty
Even though the National Association of Broadcasters has been successful in getting about 240 Congressional Representatives (far more than a majority of the House of Representatives) to sign onto a resolution opposing the adoption of a performance royalty for the use of sound recordings by broadcasters in their over-the-air programming, the efforts to enact that … Continue Reading

NAB President David Rehr to Leave – What’s Next for His Replacement?

Posted in Broadcast Performance Royalty, General FCC
National Association of Broadcasters President David Rehr today announced his decision to leave the Association, leaving the NAB without a leader at a time when the Association is facing an incredible number of challenges in Washington. One can only hope that the NAB acts quickly to replace Rehr with someone prepared to aggressively address the needs of an … Continue Reading

Rallies on Capitol Hill on the Performance Royalty – Who Will Pay?

Posted in Broadcast Performance Royalty
In the last two weeks, we have seen Capitol Hill rallies by the Free Radio Alliance, opposing what they term the “performance tax” on radio, and yesterday by the Music First Coalition, trying to persuade Congress to adopt a performance royalty on the use of sound recordings for the over-the-air signal of broadcast stations. We’ve written about the … 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

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

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

Broadcast Performance Royalty Passes House Subcommittee – But It’s Not Done Yet

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio
Once again, the extension of the sound recording performance royalty to broadcasters has become a hot topic in Washington. The subcommittee on Courts, the Internet and Intellectual Property of the  House Judiciary Committee yesterday approved the bill introduced by Congressman Berman (about which we first reported here).  That bill would include broadcasters in the Section 114 sound recoding … Continue Reading

Performance Royalty (or Tax) on Broadcasters – Promotion, Fairness and The Impact on the Small Guy

Posted in Broadcast Performance Royalty
On Tuesday, the Senate Judiciary Committee held a hearing on the possibility of imposing on broadcasters a performance royalty for the use of sound recordings.  This would be a new royalty, paying for the public performance of the recording of a song by a particular artist – a fee that would be on top of the … 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