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
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Copyright Royalty Board Announces Proposed New SoundExchange Royalties for Business Establishment Services
Posted in Intellectual Property, Music RightsWhile Copyright Royalty Board decisions on royalties for webcasters, Sirius XM and mechanical royalties get most of the attention, the CRB also sets rates paid by “business establishment services” for the “ephemeral copies” made in their music businesses. Business establishment services are the companies that provide music to businesses to play in retail stores, restaurants… Continue Reading
Petitions to Participate in Copyright Royalty Board Proceeding to Establish Royalty Rates for Business Establishment Services Due by February 2, 2017
Posted in Intellectual Property, Music RightsEarly this month, the Copyright Royalty Board announced that it will be starting a new proceeding to set the royalty rates to be paid by “business establishment services” for the rights to make ephemeral copies of sound recordings. The rates will apply for the period 2019-2023. Interested parties must file a Petition to Participate by… Continue Reading
How Do Bars and Restaurants Get Rights to Play Radio, TV, Audio and Video on Their Premises?
Posted in AM Radio, FM Radio, Intellectual Property, Music Rights, TelevisionBars and Restaurants, to make their businesses more attractive to customers, often feature music or video, often broadcast radio or TV. We wrote about the issues for businesses that play the radio on their premises here. This week, Landslide, the magazine of the American Bar Association’s Intellectual Property Division, published an article that I wrote… Continue Reading
Does a Local Business Need Licenses from ASCAP, BMI and SESAC to Play My Radio or TV Station on Their Premises?
Posted in Advertising Issues, AM Radio, Broadcast Performance Royalty, FM Radio, Intellectual Property, Internet Radio, Music Rights, TelevisionTwice this morning, I was faced with the question of whether a business needs a license to play a radio or TV station on their premises, once in a story in one of the broadcast trade publications (see the article here, in the You Can’t Make This Up column toward the bottom of the article)… Continue Reading
SoundExchange to Audit iHeart, CBS and Other Webcasters and Digital Music Services
Posted in Digital Radio, Intellectual Property, Internet Radio, Music Rights, On Line MediaThis week, several notices of the intent to audit the records of several webcasters and other digital music services were published in the Federal Register, indicating that SoundExchange was planning on having the royalty payment records of these services reviewed. Notices were sent to services including Live365, iHeartMedia and CBS). Those notices have prompted several… Continue Reading
New Music Royalty Rates for Ephemeral Recordings Used By Business Establishment Services
Posted in Intellectual Property, Internet Radio, Music Rights“Business Establishment Services” are copyright-speak for those music services that provide background music to commercial establishments. These services have come a long way from the elevator music that once was so derided – and now set the mood in everything from retail clothing stores to restaurants to department stores with formats as varied as the… Continue Reading
Copyright Royalty Board Starts Proceeding to Set Royalty Rates for Background Music Services – Reminder to Webcasters To Start Thinking of the Next Royalty Case
Posted in Internet Radio, Music RightsThe Copyright Royalty Board has just announced that it is accepting petitions to participate in the next proceeding to set the royalty rates to be paid for the ephemeral copies made by "business establishment services" in connection with any digital transmission of sound recordings. Business establishment services are essentially background music services who provide music… Continue Reading
Copyright Royalty Board Requests Comments on Business Establishment Service Royalty Rate
Posted in Intellectual Property, Internet RadioLast week, the Copyright Royalty Board published an order seeking comments on a proposed settlement establishing the royalties for "Business Establishment Services." Essentially, this is the royalty paid by a service which digitally delivers music to businesses to be played in stores, restaurants, retail establishments, offices and similar establishments (sometimes referred to as "background" or "elevator" music, though… Continue Reading