Broadcast Law Blog

Broadcast Law Blog

Tag Archives: sound recording performance royalty

Are You Streaming Your Radio Station? Reminder that Broadcasters Need to Pay Royalties to SoundExchange as well as ASCAP, BMI and SESAC

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
The alphabet soup of organizations that collect royalties for playing music has never been easy to keep straight, and today royalty issues sometimes seem even more daunting with new players like GMR (see our articles here, here and here) and arguments over issues like fractional licensing that only a music lawyer could love (see our… 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 Royalty Board Webcasting Royalty Decision Published in the Federal Register – Appeals Due in 30 Days

Posted in Intellectual Property, Internet Radio, Music Rights
The Copyright Royalty Board Decision on the royalty rates to be paid for the public performance of sound recordings by Internet radio companies – webcasting royalties – was published in the Federal Register today. We wrote about that decision setting the royalties here and here. The publication in the Federal Register gives parties to the… 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

Full Copyright Royalty Board Decision on Webcasting Royalties Now Public

Posted in Intellectual Property, Internet Radio, Music Rights
The full decision of the Copyright Royalty Board on Internet Radio royalties, excluding confidential information, has now been made public and is available here.  In December, we wrote about the rates and terms of the royalties that webcasters pay to SoundExchange for the public performance of sound recordings as set by the CRB decision, and… Continue Reading

Explaining the Basics of the CRB Webcasting Royalty Decision – An Audio Discussion

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
Earlier today, Triton Digital’s President for Market Development John Rosso and I discussed the new webcasting royalty rates adopted last week by the Copyright Royalty Board to cover the sound recording performance royalty for 2016-2020.  You can listen to that conversation discussing the basics of that decision here.  John and I discuss what rights the… Continue Reading

Copyright Royalty Board Begins Hearings on Webcasting Royalty Rates for 2016-2020 – When Will We See a Decision?

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
The Copyright Royalty Board has begun the hearing phase of its proceeding to set the royalties to be paid by webcasters (or noninteractive digital music services) for public performances of sound recordings for the years 2016-2020. These are the royalties paid by Internet radio companies to SoundExchange, allowing them to play any recorded music legally… Continue Reading

Broadcaster Asks Court to Declare that Internet Simulcasts of Radio Station Exempt From SoundExchange Royalties If Geo-Limited to a 150 Mile Zone

Posted in Broadcast Performance Royalty, Digital Radio, Intellectual Property, Internet Radio, Music Rights
This week brings news that a Virginia broadcaster has brought suit to have a court declare that broadcasters who stream their signal on the Internet, but limit the reception of the signal to within 150 miles of their transmitter site, should not have to pay royalties to SoundExchange.  As we have written before, when Congress… Continue Reading

Raising the Royalties for Musical Works? A Discussion of the Potential Dispute between Music Rights Holders over the Value of Their Rights

Posted in Appearances, Intellectual Property, Internet Radio, Music Rights, On Line Media
In discussing music royalties, the controversy that usually makes the news is the dispute between music services and copyright holders – with services arguing that the royalties are too high and rightsholders contending that they are underpaid. The introduction of the Songwriters Equity Act in Congress earlier this year seems to point toward a new… Continue Reading

Copyright Office Begins Wide-Ranging Inquiry Into Music Licensing

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
The Copyright Office recently issued a Notice and Request for Public Comment on a study that they have commenced on music licensing in all of its forms.  We’ve written about the complexity of the music licensing process many times, and about proposals for reform.  Many of these proposals have been issued in connection with the… Continue Reading

Making Music Rights Manageable in a Digital World – Issues Identified In Commerce Department “Green Paper” on Copyright Policy

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
No one ever claimed that music royalties are easy to understand, especially in the digital age when nice, neat definitions that had grown up over many years in the physical world no longer necessarily make sense. The complexity of the world of digital music licensing is clear from many sources, but the Commerce Department’s “Green Paper”… Continue Reading

Why the Differing Perceptions of the Value of Music by Digital Music Services and Copyright Holders Make Royalty Decisions So Hard

Posted in Intellectual Property, Internet Radio, Music Rights
With the National Association of Broadcasters big convention coming up next week in Las Vegas, this week we’ll look at a couple of the issues that will likely be discussed when the industry gathers for its annual reunion. On Sunday, before most of the NAB Show begins, the Radio and Internet Newsletter (RAIN) will be holding… Continue Reading

SoundExchange Seeks Permission to Distribute Royalties Based on Proxy Information

Posted in Internet Radio, Music Rights
What should SoundExchange do with money that it collects for the performance of sound recordings, when it does not know what sound recordings were played by a particular service?  As we’ve written many times on this blog, SoundExchange collects royalties from digital music services , including satellite radio, cable radio and webcasters, for the performance of… 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

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

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

SoundExchange Sending Reminders to Broadcasters Who Are Not Paying Royalties for Streaming Music Sound Recordings

Posted in Internet Radio
In recent weeks, SoundExchange has begun to send letters to broadcasters who are streaming their signals on the Internet without paying their SoundExchange royalties.  Despite all of the publicity about Internet radio royalties and the controversy about the rates for those royalties, there still seem to be webcasters unfamiliar with their obligations to SoundExchange.  As we… 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

FCC Says It Will Stay Out of Programming Decisions – On Same Day MusicFirst Petition Comments Were Due

Posted in Broadcast Performance Royalty, Programming Regulations, Public Interest Obligations/Localism
Last week, the FCC released a decision denying objections to the sale of the NY Times-owned radio station in New York City – objections based on the fears of certain listeners that the sale would mean the loss of the station’s classical music service.  In rejecting the petitions, the FCC relied on the long-standing policy of the FCC… Continue Reading

Details of Webcasting Royalty Settlements for Noncommercial Webcasters Including Educational and Religious Internet Radio Operators

Posted in Internet Radio, Noncommercial Broadcasting
Noncommercial webcasters were provided with two royalty options under settlements reached with SoundExchange pursuant to the Webcaster Settlement Act of 2009 ("WSA").  One settlement was with Noncommercial Educational Webcasters.  The other, when announced, was characterized by SoundExchange as being a settlement with noncommercial religious broadcasters, though it applies to any noncommercial webcaster who elects to be subject to… 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

Broadcast Performance Royalty – What Would It Cost? The Congressional Budget Office Says A “Substantial” Amount

Posted in Broadcast Performance Royalty
One of the fundamental questions that surrounds the proposed broadcast performance royalty for the use of sound recordings by over-the-air (or the "performance tax" as it has been labeled by the NAB) is how much it could it cost a broadcaster?  Right now, that question is difficult to determine, as the pending bills do not themselves provide any details… Continue Reading

The Battle is Joined on the Performance Royalty for Over the Air Broadcasting

Posted in Broadcast Performance Royalty, Intellectual Property
The battle over performance royalties for broadcast stations seems to have been officially joined. We wrote last week about the rumors of a coalition of record companies and musicians that was reportedly forming to lobby Congress to enact a performance royalty on broadcast radio for the use of sound recordings, and the NAB’s immediate reaction, writing… Continue Reading

Lobbying Effort to Make Broadcasters Pay Sound Recording Royalties in the Works?

Posted in Broadcast Performance Royalty, Intellectual Property
A story in the Hollywood Reporter indicates that a coalition of record companies and associations representing performing artists are preparing to initiate a Congressional lobbying effort to push for a royalty for performance rights in sound recordings that would apply to broadcasters’ over-the-air transmissions, not just their Internet streams.  Broadcasters currently pay performance royalties  to ASCAP,… Continue Reading