Broadcast Law Blog

Broadcast Law Blog

Tag Archives: direct music licensing

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

Copyright Royalty Board Oral Argument on Sirius XM SoundExchange Royalties – A View of the Application of the 801(b) Standard Proposed for Internet Radio

Posted in Intellectual Property, Internet Radio, Music Rights
The royalties that Sirius XM will pay to SoundExchange for the next 5 years will be decided by the Copyright Royalty Board ("CRB") in December. To summarize the hearings that have been held over the last year, the CRB held an oral argument last week, where Sirius XM and SoundExchange presented their arguments as to what those… Continue Reading

Another Music Royalty Deal By Clear Channel and a Record Company – Why Broadcaster Deals With Record Companies May Be a Good Thing

Posted in Broadcast Performance Royalty, Internet Radio, Music Rights
Last week, we wrote about the recently announced deal between Big Machine Records and Entercom Communications.  The day after we posted that article, Clear Channel announced another label deal – this time with Glassnote Entertainment Group, the home of bands including Mumford & Sons and Phoenix.  As with its Big Machine deal, the public releases suggest… Continue Reading

Sirius XM Brings Law Suit Against SoundExchange Alleging Collusion to Stop Direct Licensing of Music – Impact on Royalties?

Posted in Internet Radio, Music Rights
SiriusXM announced that is has filed a legal action, including antitrust claims, against SoundExchange and A2IM (the American Association of Independent Music – the association of independent record labels), charging, according to a press release, these two organizations "with unlawfully interfering in SiriusXM’s efforts to secure, through a competitive market, copyrights critical to its business. The complaint… Continue Reading

The Debate Over Sirius’ Attempt to Directly License Music – SoundExchange Once Said A Marketplace Negotiation to Adjust for High Rates “Was to Be Expected”

Posted in Internet Radio, Music Rights
There have been many reports about the attempts by Sirius XM Radio to license music directly from record labels, bypassing any royalty rates set by the Copyright Royalty Board.  Direct licensing would have Sirius pay the record labels or copyright holders for the rights to use music, avoiding any dealings with SoundExchange, which normally collects the royalties for the public performance… Continue Reading

NAB Radio Board Adopts Proposal for Settlement of Performance Tax Issue – Where Do We Go From Here?

Posted in Broadcast Performance Royalty, Internet Radio
The NAB Radio Board today voted to adopt a Terms Sheet to offer to the musicFirst Coalition which, if agreed to by musicFirst and adopted by Congress, will settle the contentious issue of whether to impose a sound recording performance royalty (the "performance tax") on over-the-air broadcasters.  If adopted, that will mean that broadcasters in… Continue Reading

Warner Music Says No More Music for Streaming – What’s It Mean for US Webcasters?

Posted in Internet Radio
According to British press reports, Warner Music’s CEO Edger Bronfman Jr. stated that it will cease making its music available to advertising supported streaming music sites.  This has prompted some questions about how this decision would affect services such as Pandora, Slacker, Accuradio and other Internet radio companies – would it deny them access to substantial amounts of music? … 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

Music Waivers Dropped Amid Payola Allegations – What’s the Impact for Future Waivers for Webcasters?

Posted in Intellectual Property, Internet Radio, On Line Media, Payola and Sponsorship Identification
As reported in Digital Music News and other publications on Friday, Clear Channel Communications dropped its waiver of music royalties from its on-line agreement signed by musicians submitting songs to the Company in hopes that their music would be played on the Company’s radio stations.  In writing about this decision, most publications attribute the decision to the petition filed with the FCC by… Continue Reading