Broadcast Law Blog

Broadcast Law Blog

Category Archives: On Line Media

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What’s Next for the FCC’s Radio Ownership Rules? – Do Changes in the Audio Marketplace Justify Changes in Ownership Limits?

Posted in AM Radio, FM Radio, Multiple Ownership Rules, On Line Media, Public Interest Obligations/Localism
With the NAB Convention upon us, and much of the talk being centered on television issues including the repacking of the TV band after the incentive auction, the conversion to the next-generation of TV transmission as allowed by the new ATSC 3.0 transmission standard, and the effects of the FCC’s changes in the local television… Continue Reading

Using Copyrighted Content on a Website – Including News Articles and Videos – Secure the Rights!

Posted in Intellectual Property, On Line Media, Website Issues
In recent weeks, I have had several calls from broadcasters asking if it was permissible to copy articles from other news sources and post them on the station website – with attribution to the original source. As I told them, posting content without permission of the copyright holder can lead to big problems. We have… Continue Reading

Copyright Office Grants Second Extension of Comment Dates in Proceeding Looking at MVPD Reporting Obligations and the Definition of Cable System

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Programming Regulations, Television
In December, we wrote about a proceeding initiated by the Copyright Office to review the reporting obligations of cable and satellite television systems related to the statutory license that permits those systems to carry the programming of local television stations.  Systems must report information including revenue and subscriber information that allow royalties to be computed. … Continue Reading

Court Finds That Embedded Twitter Photo on Website May Subject Website Owner to Copyright Liability – Be Careful What You Post

Posted in Intellectual Property, On Line Media, Website Issues
Last week, a US District Court Judge in the influential Southern District of New York issued an opinion finding that the fact that a picture of New England Patriot quarterback Tom Brady that was displayed on the websites of a number of media defendants was potentially infringing – even though the photo was not copied… Continue Reading

Copyright Office Extends Comment Dates on Proceeding Looking at MVPD Reporting Obligations and the Definition of Cable System

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Television
Recently, we wrote about a proceeding initiated by the Copyright Office to review the reporting obligations of cable and satellite television systems related to the statutory license that permits those systems to carry the programming of local television stations.  Systems must report information including revenue and subscriber information that allow royalties to be computed.  This… Continue Reading

What is a Cable System – The Copyright Office Wants to Know

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Television
Early this month, the Copyright Office released a Notice of Proposed Rulemaking dealing with two separate but related issues. First, it asks for comments on certain changes in the reporting that cable systems and satellite TV operators provide to the Copyright Office on the programming that they carry – information that is used to provide… Continue Reading

Copyright Office Issues Reminder About Need for Services Seeking Safe Harbor for User-Generated Content Under Section 512 to File in Electronic System by December 31

Posted in Intellectual Property, On Line Media, Website Issues
The Copyright Office yesterday issued a “Final Reminder” to Internet Services that want to be able to assert that they are insulated from Copyright liability for content posted on their sites by third-parties.  Services need to be sure that they have used the Copyright Office’s new online system to the register the names of their… Continue Reading

December Regulatory Dates for Broadcasters – EEO, TV and Translator Filing Windows, Ancillary Revenue Reports, Main Studio Rule Effective Date, Copyright Office Take-Down Notice Registration and More

Posted in AM Radio, Digital Television, EEO Compliance/Diversity, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, Low Power Television/Class A TV, On Line Media, Television, Website Issues
While the end of the year is just about upon us, that does not mean that broadcasters can ignore the regulatory world and celebrate the holidays all through December. In fact, this will be a busy regulatory month, as witnessed by the list of issues that we wrote about yesterday to be considered at the… Continue Reading

December FCC Meeting to be an Important One for Broadcasters and Other Media Companies

Posted in Cable Carriage, Emergency Communications, General FCC, Multiple Ownership Rules, On Line Media, Television, Tower Issues, Website Issues
Last week, just before Thanksgiving, the FCC released the tentative agenda for its December meeting. From that agenda, it appears that the meeting will be an important one for broadcasters and other media companies. Already, the press has spent incredible amounts of time focusing on one item, referred to as “Restoring Internet Freedom” by the… Continue Reading

Reminder: Electronic Registration of Designated Agent for DMCA Safe-Harbor Take-Down Notices Due at Copyright Office by December 31

Posted in Intellectual Property, On Line Media, Website Issues
The Copyright Office yesterday issued a reminder, here, that their electronic system for “designated agents” of Internet service providers – those who are to receive notice of any claimed infringing content posted on a service provider’s site – is active and all services must register in that system by December 31 for such registrations to… 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 Office Makes Changes to Registration of Designated Agents for Take-Down Notices for User Generated Content – Reminder of December 1 Deadline to Register in New Electronic System

Posted in Intellectual Property, Internet Video, On Line Media, Website Issues
The Copyright Office last year announced changes to its system for registering designated agents for receiving take-down notices that are sent by copyright owners when they believe that user-generated content posted on a website is infringing on the copyright owner’s content (see our article here). The new system makes these registrations electronic, and requires all… 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

FTC Puts “Influencers” on Notice:  Disclose Marketing Relationships in Social Media Posts

Posted in On Line Media, Payola and Sponsorship Identification, Website Issues
Broadcasters and advertisers should take note of the more than 90 warning letters that the FTC sent out this week as a reminder of the need to disclose material sponsorship connections in social media promotions and endorsements.  The FTC has since 2009 announced a policy that any online content for which anything of value has… 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

Bill Proposes to Make the Register of Copyrights a Presidential Appointee

Posted in Broadcast Performance Royalty, Intellectual Property, Music Rights, On Line Media
The Copyright Office is now a part of the Library of Congress, with the Register of Copyrights (the head of the Copyright Office) appointed by the Librarian of Congress. As part of its plans to review the Copyright Act, the House Judiciary Committee asked for comments earlier this year about structural reform of the Copyright… Continue Reading

Court of Appeals Rules that Over-the-Top Video Service is Not a Cable System Entitled to Statutory License to Retransmit TV Station Programming

Posted in Cable Carriage, Internet Video, On Line Media, Television
In a decision released this week, the 9th Circuit Court of Appeals overturned a District Court decision (about which we wrote here) that had found that a video service provided by Aereokiller was a “cable system” as defined by Section 111 of the Copyright Act. That decision had held that, as a cable system, Aereokiller… 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

Copyright Office to Extend Comment Dates on Examination of DMCA Section 512 Safe Harbor for User-Generated Content

Posted in Intellectual Property, Music Rights, On Line Media, Website Issues
The Copyright Office is scheduled to publish in the Federal Register tomorrow an extension of time for parties who wish to comment on the Request for Additional Comments in its study of Section 512 of the Digital Millennium Copyright Act, the “safe harbor” for those Internet Service Providers who host websites or run networks on… Continue Reading

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Ownership and EEO Comments, Copyright Issues and More

Posted in Children's Programming and Advertising, EEO Compliance/Diversity, General FCC, Intellectual Property, Internet Radio, Internet Video, Multiple Ownership Rules, Music Rights, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
Here we are at the start of a new year, and right away we have numerous regulatory deadlines for broadcasters. By the 10th of the month, all broadcast stations need to have placed in their public inspection files (online for TV and for those radio stations that have already converted to the online public file,… Continue Reading

Public Comments Requested on Qualifications for Copyright Office Chief

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
There is now a vacancy in the top position at the Copyright Office, the Register of Copyrights, and the Librarian of Congress, who appoints the Register, has asked for comments on the role and qualifications for the new Register. These comments are due by January 31, 2017. While setting copyright law has thus far been… Continue Reading

GMR and RMLC Agree to Interim License for Commercial Radio Stations – Providing 9 Months to Reach Final Deal for Public Performance of Musical Compositions

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
On Saturday, RMLC announced that it has reached an “interim” agreement with the new performing rights organization Global Music Rights (GMR) for a license to perform musical compositions controlled by GMR.  This agreement (available on the RMLC website here) is an interim agreement for radio stations that elect to participate, and covers only the first… Continue Reading