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Category Archives: Internet Radio

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Government Shutdown Delays Start of Webcasting Royalty Proceeding

Posted in Intellectual Property, Internet Radio, Music Rights
In our summary of January regulatory issues for broadcasters, we suggested that the Copyright Royalty Board this month might start WEB V, the next proceeding to determine the rates that Internet radio stations and other webcasters pay to SoundExchange for the noninteractive public performance of sound recordings. The current royalties (see our initial article on… Continue Reading

Copyright Royalty Board Final Decision on Rates for Business Establishment Services

Posted in Intellectual Property, Internet Radio, Music Rights
In one of those year-end decisions that got lost in the holiday rush, in late November, the Copyright Royalty Board issued its final ruling on the rates to be paid to SoundExchange by “business establishment services” for the ephemeral copies of sound recordings when these music services transmit programming to their customers. We wrote about… Continue Reading

January Regulatory Dates for Broadcasters – The Shutdown Does Not Put Everything on Hold

Posted in Broadcast Auctions, Children's Programming and Advertising, EEO Compliance/Diversity, General FCC, Intellectual Property, Internet Radio, Music Rights, Public Interest Obligations/Localism, Website Issues
We typically publish our article about upcoming regulatory dates before the beginning of each month, but this month, the looming FCC shutdown and determining its effect on filing deadlines pushed back our schedule. As we wrote on Friday, the effect of the shutdown is now becoming clear – and it has the potential to put… Continue Reading

No Cost of Living Change in Webcasting Royalties for 2019 – Rate Proceeding for 2021-2026 about to Begin

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, Noncommercial Broadcasting
Last week, the Copyright Royalty Board announced its calculations for whether there would be a cost of living increase in the 2019 rates that Internet radio stations pay to SoundExchange for the public performance of sound recordings. In its initial release on the subject, the CRB’s announcement indicated that commercial webcasters would continue to pay… Continue Reading

Hey Alexa – Remind Me How Much You Are Increasing My SoundExchange Music Royalties

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media, Podcasting
At almost every broadcast conference, there is a discussion of using Alexa, Google Home and other smart speakers and digital assistants to increase the reach of broadcast radio stations. Discussions of how to get listeners to tune in and how to monetize the listeners on these new platforms are regularly included. But rarely is there a… Continue Reading

Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

Posted in Intellectual Property, Internet Radio, Music Rights
The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. We wrote about that decision here, and provided more details here. In any appeal of an agency decision, the Court routinely affords the agency deference in reaching its decision. The Court will… Continue Reading

Court of Appeals Finds That Digital Remasters of Pre-1972 Sound Recordings Likely Do Not Result in New Copyrighted Work That Would Bring These Songs under Federal Law – Reversing District Court Decision

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
Two years ago, a District Court Judge, in a case brought against a broadcaster alleging that the broadcaster owed money under California state law for playing pre-1972 sound recordings, dismissed the suit finding that the broadcaster was playing digitized versions of those songs, created after 1972, which were covered under Federal copyright law (we wrote… Continue Reading

FCC Asks for Comments on the State of the Audio Marketplace – A Precursor to Reviewing the Radio Ownership Rules?

Posted in AM Radio, FM Radio, Internet Radio, Multiple Ownership Rules, On Line Media, Uncategorized
The FCC routinely, at the request of Congress, does a study of the Video Marketplace. That study is submitted to Congress so that Congress can use it as a factual basis for any legislative issues that may come up dealing with the TV marketplace. The FCC has not previously done this sort of routine study… Continue Reading

Hey, Alexa, How Are Your Affecting My Podcasting Music Royalty Obligations?

Posted in Appearances, Digital Radio, Intellectual Property, Internet Radio, Music Rights, On Line Media, Podcasting, Website Issues
Next Wednesday, July 25, I will be speaking at the Podcast Movement Conference in Philadelphia, as part of the Broadcasters Meet Podcasters Track, discussing legal issues that broadcasters need to consider as they move some of their content into podcasts. One of the topics that I will be discussing will be the music royalty obligations… Continue Reading

What Do Broadcasters and Media Companies Need to Know About the GDPR?

Posted in Internet Radio, Internet Video, On Line Media, Privacy, Uncategorized, Website Issues
By now, you have probably heard that the European Union (EU) has a new data protection law on the books, the General Data Protection Regulation (GDPR) – but what are the new rules, and how might they apply to broadcasters? Below we address these and other commonly asked questions about the GDPR. What is the… Continue Reading

Hey, Alexa, How Much Did You Raise My SoundExchange Royalties?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
In the last year, the popularity of Alexa, Google Home and similar “smart speaker” devices has led to discussions at almost every broadcast conference of how radio broadcasters should embrace the technology as the new way for listeners to access radio programming in their homes. Broadcasters are urged to adopt strategies to take advantage of the… Continue Reading

Google Announces Programmatic Buys of Audio Ads – Looking at Legal Issues with Programmatic Sales

Posted in Advertising Issues, Internet Radio, On Line Media, Payola and Sponsorship Identification, Political Broadcasting
Last week, it was announced that Google through its DoubleClick platform, would be offering programmatic buying opportunities for advertisers looking to place audio ads into online streams. While that system is initially being rolled out among the big digital audio services, if it or other similar platforms are expanded more broadly, it could bring more… Continue Reading

Moving Broadcast Political Advertising Rules to the Online World – NY State Adopts a New Law While Congress Considers Online Political Advertising Disclosures, and the FEC Considers Enhanced Online Sponsorship Identification

Posted in Internet Radio, Internet Video, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Website Issues
With high profile primaries in numerous states and similar elections last week, and more coming over the next few months in preparation for the November election, broadcasters are dealing with the legal issues that arise with on-air advertising that either promotes or attacks candidates and which addresses other important matters that will be decided in… Continue Reading

Senate to Hold Hearing on May 15 on Music Modernization Act

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
The week before last, we summarized the provisions of the Music Modernization Act as passed by the House of Representatives. The Senate is now poised to take up this legislation in a hearing scheduled by the Senate Judiciary Committee for next Tuesday, May 15. The legislation proposes, among other things, to set up a SoundExchange-like… Continue Reading

Legal Issues for the Broadcaster in Digital and Social Media Advertising

Posted in Advertising Issues, Children's Programming and Advertising, Digital Radio, Internet Radio, Internet Video, On Line Media, Payola and Sponsorship Identification, Privacy, Website Issues
Last week, Aaron Burstein of our law firm and I conducted a webinar for several state broadcast associations on legal issues in digital and social media advertising. As broadcasters become more active in the digital world, whether it be through social media platforms like Facebook and Twitter, or by posting their content online through their… Continue Reading

House of Representatives Passes Music Modernization Act – Looking for Clarity on Mechanical Royalties, Pre-1972 Sound Recordings and Other Music Rights Issues

Posted in Intellectual Property, Internet Radio, Music Rights
This week, the US House of Representatives passed the Music Modernization Act. While widely supported among many digital media companies providing on-demand subscription music services as well as by many in the music industry, the bill seemingly has not received the publicity that has been afforded to past music royalty legislation. That may be, in… Continue Reading

SoundExchange to Audit Records of Streaming by Alpha Media, Music Choice, and Google

Posted in Intellectual Property, Internet Radio, Music Rights
Last week, the Copyright Royalty Board published a Federal Register Notice announcing that SoundExchange was auditing broadcaster Alpha Media as well as Music Choice and Google to assess their compliance with the statutory music licenses provided by Sections 112 and 114 of the Copyright Act for the public performance of sound recordings and ephemeral copies… Continue Reading

Copyright Royalty Board Decision Will Raise Royalties Paid to Songwriters and Publishers By Digital Music Services

Posted in Intellectual Property, Internet Radio, Music Rights
The amount paid to songwriters and publishing companies for the making of “phonorecords” will be going up after a Copyright Royalty Board decision just released to the parties to the case. A summary of the findings have been published on the CRB website, here. The new rules are available here. A full decision explaining the… Continue Reading

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, FM Translator Window, Main Studio Rule Change and Streaming Requirements

Posted in AM Radio, Children's Programming and Advertising, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, Internet Radio, Music Rights, Programming Regulations, Public Interest Obligations/Localism, Television
The holidays are over, and while the regulation never stops, it is time to once again buckle down and look at what is on the horizon for broadcasters. While, in the next few days, we will have our typical look ahead at the broadcast regulatory agenda in Washington for the New Year, we also need… Continue Reading

Court of Appeals Upholds BMI Decision Allowing Fractional Music Licensing – What Are the Issues?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
Yesterday, the US Court of Appeals for the Second Circuit in a “Summary Order” that the Court said does “not have precedential effect,” upheld an even briefer decision of the US District Court Judge who oversees the BMI antitrust consent decree, determining that the Department of Justice was wrong in its interpretation of the consent… Continue Reading

Copyright Royalty Board News – Sirius XM Rates Going Up, Some Cable Radio Rates Going Down, and Webcasting Rate Appeal to Be Argued in February

Posted in Cable Carriage, Intellectual Property, Internet Radio, Music Rights
The Copyright Royalty Board issued a notice yesterday, here, that summarized its decision on the sound recording performance royalties for 2018-2022 to be paid by Satellite Radio and “Pre-existing Subscription Services” (“PSS”), essentially Music Choice for its music service usually packaged with cable television subscriptions. The terms associated with the new rates, embodied in the… Continue Reading

SoundExchange Royalties Going Up for Webcasters in 2018

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, Noncommercial Broadcasting
The Copyright Royalty Board yesterday announced in the Federal Register, here, that the sound recording royalty rates paid to SoundExchange will be increasing next year.  In December 2015, when the CRB set the current royalty rates that apply from January 1, 2016 through December 31, 2020 (see our articles here and here), the CRB noted that… Continue Reading

Florida Supreme Court Rejects Public Performance Right in Pre-1972 Sound Recordings – What’s Next?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here). The Florida court, after examining numerous avenues of argument, concluded that… Continue Reading

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