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CBS wins ruling that remasters of pre-1972 songs can be played without liability

A district court has ruled that remastered songs are not necessarily subject to the same copyright laws as the originals. This development could have a big impact on the ongoing wave of litigation centered on music recorded prior to the adoption of federal copyright laws in 1972. Continue Reading

The industry’s battle against YouTube gathers steam

With the recent wave of music industry organizations worldwide releasing their data for 2015, two distinct trends have emerged. One of them is a growing dissatisfaction with the flow of money through ad-supported streaming services. Some reports just imply frustration, while others have centered on YouTube as the symbolic scapegoat for their anger about the amount of revenue generated by that type of media platform. Continue Reading

Musicians petition Copyright Office over DMCA

The music industry is taking a stand against the Digital Millennium Copyright Act, with more than 100 artists and managers petitioning the U.S. Copyright Office to change the current safe harbor laws. The industry has submitted three letters to the office – one from music managers, one from creators, and one from artists and songwriters – explaining their concerns with the existing interpretation of the regulation and calling for change. Continue Reading

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An Open Letter To David Byrne

by Bill Goldsmith

This open letter is from Bill Goldsmith, Founder and Owner of Radio Paradise, one of the most venerable and recognized Internet radio stations. It is an appeal to David Byrne, as a board member of SoundExchange, to renew royalty protections that have enabled small webcasting for the past six years. Continue Reading

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David Oxenford: CRB Set to Begin 3 New Royalty Proceedings – Mechanical Royalty, Sirius XM Satellite Royalty, and Noncommercial Broadcasting Over-the-Air Royalties

by David Oxenford

In tomorrow’s Federal Register, the Copyright Royalty Board will announce the commencement of three new proceedings to set music royalties for the 2018-2022 five-year period, each involving a different music right. Continue Reading

U.S. Copyright Office to review safe harbor provisions

The U.S. Copyright Office announced that it is undertaking a public study of the country’s safe harbor provisions. Section 512 was introduced in 1998 as part of the Digital Millennium Copyright Act, and its safe harbor laws provide some liability limitations on usage for Internet-based services. The rules focus on protecting services from liability due to copyright infringements occurring in user-generated content. Continue Reading

CRB Developments: Revised Rates and Terms, Issues about Performance Complement and Small Webcasters

Unsettled issues are flowing into the industry mindspace following the Copyright Royalty Board (CRB) ruling of new webcast royalty rates to labels on December 16. Broadcast law attorney David Oxenford untangles what the issues mean to broadcasters and small webcasters. Continue Reading

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CRB Rate Ruling: $.0017 for Pandora et al, SoundExchange wanted $.0025

At 5:15 Eastern U.S. time, the Copyright Royalty Board released the outline of its Webcaster IV ruling, setting royalty rates paid by Internet radio to music labels for the 2016-2020. Pandora’s rate: $.0017 per stream for non-subscribing listeners. SoundExchange wanted that number to be $.0025. Continue Reading

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CRB rates and Pandora

As the webcasting universe turns its expectant and apprehensive gaze toward the U.S. Copyright Royalty Board (CRB), which will issue new webcasting royalty rates for 2016-2020, Pandora Media has more skin in the game than any other webcasting distributor of music — in a sense. The company has another path to potentially go down. Continue Reading