Broadcast Law Blog

Broadcast Law Blog

Tag Archives: ephemeral copy

Copyright Royalty Board Announces Proposed New SoundExchange Royalties for Business Establishment Services

Posted in Intellectual Property, Music Rights
While 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 Rights
Early 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

NAB Announces Agreements with Sony and Warner to Waive Performance Complement and Other Statutory Requirements for Broadcasters Who Stream Their Signals

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights
The NAB has announced agreements with Sony and Warner Music Groups to waive certain of the statutory requirements for broadcasters who stream their over-the-air signals on the Internet.  The NAB had entered into similar agreements with all of the major labels and major independent labels back in 2009 (see our summary here).  But those agreements… 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

Making Music Rights Manageable in a Digital World – Issues Identified In Commerce Department “Green Paper” on Copyright Policy

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media
No one ever claimed that music royalties are easy to understand, especially in the digital age when nice, neat definitions that had grown up over many years in the physical world no longer necessarily make sense. The complexity of the world of digital music licensing is clear from many sources, but the Commerce Department’s “Green Paper”… 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 Rights
The 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 Office Report Recommends Federalization of Pre-1972 Sound Recordings – Possible Implications For Music Royalties and User-Generated Content

Posted in Music Rights
The Copyright Office last week issued its Report to Congress on pre-1972 sound recordings (with an Executive Summary), addressing whether to bring these recordings under Federal law.  As we wrote last year when the Copyright Office solicited comments on the issues raised by this report, sound recordings (i.e. aural recordings embodied in some fixed form like a CD, record… Continue Reading

Beware – Music Use in Podcasts, Downloads and On-Demand Streams are Not Covered By Your SoundExchange Royalties

Posted in Internet Radio, Music Rights
Broadcasters beware – podcasts with music may be dangerous to your economic health.  In recent weeks, I’ve come upon more than one incident where a broadcaster was providing podcasts containing music on their website, or allowing listeners to download or stream on-demand some new, hot song.  I’ve even seen certain articles in the trade press advocating… Continue Reading

David Oxenford Conducts Webinar for State Broadcast Associations on Legal Issues in the Digital Media World – Including a Discussion of Ephemeral Copies of Sound Recordings

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
Dave Oxenford this week conducted a seminar on legal issues facing broadcasters in their digital media efforts.  The seminar was organized by the Michigan Association of Broadcasters, and originated before a group of broadcasters in Lansing, but was webcast live to broadcasters in ten other states.  Dave addressed a variety of legal issues for broadcasters in connection with their website operations… Continue Reading

With April 2 Webcasting Election Due for Broadcasters – A Look at the Record Label Waivers of the Performance Complement

Posted in Internet Radio
As we have written, by April 2, broadcasters who are streaming need to file with SoundExchange a written election in order to take advantage of the SoundExchange-NAB settlement.  For broadcasters who make the election, the settlement agreement will set Internet radio royalty rates through 2015.  One aspect of this agreement that has not received much attention is the… Continue Reading

Copyright Royalty Board Requests Comments on Business Establishment Service Royalty Rate

Posted in Intellectual Property, Internet Radio
Last 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