Broadcast Law Blog

Broadcast Law Blog

Tag Archives: statutory royalty

New Congressional Attempts to Impose a Performance Royalty for Sound Recordings on Broadcast Radio, Including the PROMOTE Act – What Do They Provide?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
In the last month, there have been two bills introduced in the US House of Representatives seeking to impose a performance royalty for sound recordings on broadcast radio stations in the US. The bill introduced yesterday, The PROMOTE Act (standing for the Performance Royalty Owners of Music Opportunity to Earn Act – whatever that may… Continue Reading

Pandora Enters Settlement to Pay For Public Performance of Sony/ATV Musical Works – What’s Its Impact on Licensing for Music Services and Rights Holders?

Posted in Intellectual Property, Internet Radio, Music Rights
Deciding how to pay music royalties has always been difficult – trying to figure out what permissions are necessary, who has the rights to grant such permission, and how much the rights will cost. The one place where the rights were fairly simple – paying for the right to publicly perform musical compositions – may be… Continue Reading

Apple iTunes Gets the Beatles – Why Internet Radio Had Them All Along

Posted in Internet Radio, Music Rights
The big news in the music world this week is that Apple finally is able to sell digital downloads of the Beatles catalog in its iTunes music store.  For years, the copyright holders who control the Beatles master recordings have withheld permission to use the Beatles recordings on iTunes and other digital download and on-demand streaming services, seemingly afraid of… Continue Reading

Court of Appeals Determines that Launchcast is Not an Interactive Service – Thus Not Needing Direct Licenses From the Record Labels

Posted in Intellectual Property, Internet Radio, On Line Media
The question of when a digital music service is “interactive” and therefore requires direct negotiations with a copyright holder in order to secure permission to use a sound recording is a difficult one that has been debated since the Digital Millennium Copyright Act was adopted in 1998. In a decision of the Second Circuit Court of Appeals… Continue Reading

Copyright Royalty Board Proposes Full “Census” Reporting for Services Paying Royalties to SoundExchange

Posted in Internet Radio
 Just when you think that the year will come to a quiet end, something always seems to pop up.  Today, the Copyright Royalty Board announced a Notice of Proposed Rulemaking that would change the reporting requirements for services that pay royalties for the use of sound recordings to SoundExchange.  The proposed new rules would require that Reports of… 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

Copyright Office Extends Comment Deadline on Proceeding to Decide if Section 115 Applies to Internet Radio, and Schedules a Hearing on the Issue

Posted in Intellectual Property, Internet Radio
The Copyright Office today issued an Order extending the dates for comments on the Notice of Proposed Rulemaking to determine if, in addition to royalties to ASCAP, BMI and SESAC for the public performance of a musical composition, a royalty is also be due for reproductions of the composition made by real-time webcasting such as Internet radio. … Continue Reading