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Broadcast Law Blog

Category Archives: Internet Radio

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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

Looking at Music Royalty Issues for Radio and TV Broadcasters

Posted in Advertising Issues, Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
Last week, I participated in a discussion about music royalties for broadcasters at the Texas Association of Broadcasters Annual Convention in Austin. Speaking on the panel with me were the heads of the Radio Music License Committee and the TV Music Licensing Committee. These are the organizations that represent most commercial broadcasters in their negotiations… Continue Reading

GMR Offers Commercial Radio 6 Month Extension of Interim License to Play Their Songs

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
Global Music Rights, commonly known as GMR, is the newest Performing Rights Organization (PRO) in the US music business, licensing public performance rights to musical compositions of songwriters as diverse as various members of the Eagles to Pharrell Williams to George Gershwin. As we wrote here, in December, they offered a temporary license to the… Continue Reading

SESAC Royalties for Commercial Radio Slashed By More Than Half – Both SESAC and RMLC Claim Victory in Arbitration

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
It was announced this week that SESAC’s royalties for radio for the period starting at the beginning of 2016 through the end of 2018 have been slashed – being reduced to less than half what they were in 2015.  This decision came out of an arbitration process that resulted from the settlement of an antitrust… Continue Reading

CLASSICS Act Introduced to Provide Pre-1972 Sound Recording Public Performance Clarity – What Issues Does It Leave Unresolved?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
The CLASSICS (Compensating Legacy Artists for their Songs, Service and Important Contributions to Society) Act was introduced in Congress last week to try to clear up some of the ongoing disputes over the public performance rights of pre-1972 sound recordings. Through litigation, certain copyright holders (including, most notably, Flo and Eddie of the 1960’s band… Continue Reading

Music in Podcasts – Reminder that ASCAP, BMI, SESAC and SoundExchange Licenses Don’t Cover Music Use in Podcasts

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
I was recently interviewed by Steve Goldstein of Amplifi Media, a firm that consults for podcast companies, on the difficulties with the use of music in podcasts. That interview has been turned into an article on Steve’s blog, here, discussing these legal issues. That article discusses the same issues that we’ve written about here several… Continue Reading

SoundExchange Acquires CMRRA – What Does it Mean for Music Licensing?

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
This week SoundExchange, the non-profit rights organization that collects the royalties paid by digital music companies for the public performance in the United States of sound recordings, announced that it had acquired CMRRA (the Canadian Musical Reproduction Rights Agency, Ltd). CMRRA licenses the reproduction rights to musical works in Canada. As we have written before,… Continue Reading

Copyright Royalty Board Announces Additional Webcaster Audit by SoundExchange – Reminder to Carefully Maintain Your Royalty Records as They Can be Reviewed at Any Time

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
In the Federal Register last week was a notice that SoundExchange intends to audit the royalty payments of Pandora for its Internet radio service. As we wrote at the beginning of the year, SoundExchange routinely decides to audit representative companies in various segments of the digital music industry. In January, for instance, they issued notices… Continue Reading

Update: Bill to Make Register of Copyrights a Presidential Appointee Approved by House of Representatives

Posted in Intellectual Property, Internet Radio, Music Rights
We wrote here about the Congressional proposal to make the Register of Copyrights a Presidential appointee subject to Congressional approval, rather than a selection of the Librarian of Congress. That bill, HR-1695 (an updated version of which is available here), despite some expressed concerns from certain advocacy groups about the potentially making that position more… Continue Reading

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

New Wrinkle in Pre-1972 Sound Recording Cases – Georgia Supreme Court Holds that iHeart Streaming Does Not Violate State Criminal Statute

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording. While many trade press articles have lumped this decision in with the… Continue Reading

More on Flo & Eddie: Federal Court Certifies to California State Court Question of Whether There is a Public Performance Right in Pre-1972 Sound Recordings

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings. While, as we wrote here and here, the highest court in New York has determined that there is no such right in that state ending the litigation there, cases continue in other states, notably California… Continue Reading

Flo and Eddie NY Suit on Pre-1972 Sound Recordings Ordered Dismissed By Court of Appeals – No Issues with Copies Made in the Transmission Process

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media
This week, the US Court of Appeals essentially ended Flo and Eddie’s New York case against Sirius XM where it tried to establish a public performance royalty in pre-1972 sound recordings. The Court of Appeals sent the case back to the US District Court with instructions that it be dismissed, finding that a December decision… Continue Reading