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Beware of Music in Your Podcasts – SoundExchange, ASCAP, BMI and SESAC Don’t Give You the Rights You Need

by David Oxenford

The overwhelming majority of podcasts are spoken-word programs, and it has been that way the category started. Why? Broadcast law attorney and guest columnist David Oxenford explains the legal reasons. Continue Reading

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SoundExchange to audit Live365, iHeartMedia, CBS Radio in standard compliance sweep

When a reader and pureplay station operator sent us a government notice of SoundExchange’s intent to audit the streaming royalty payments made by Live365, iHeartMedia, and CBS Radio for 2011, 2012, and 2013, we turned to broadcast law attorney David Oxenford (author of the deeply informative Broadcast Law Blog) to find out how significant the action is. Continue Reading

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Editor’s Notebook: From digital dashboard to self-driving cars

by Brad Hill

The digital dashboard is a gold-rush scramble for territory. But what if there were no dashboard at all? Autonomous (self-driving) cars are rolling toward us, and will be on the road sooner or later. How will audio competition be shaped when the car is a WiFi-connected living room? Continue Reading

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New York Court Finds Public Performance Right in Pre-1972 Recordings; How Will this Affect Music Use?

by David Oxenford

David Oxenford explains potential impacts and consequences of the latest pre-1972 copyright court action. “All music users that play oldies, whether the businesses be digital music services, radio stations, bars and restaurants or retail outlets, need to be carefully following the action in this case.” Continue Reading

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David Oxenford: Noncommercial Webcasters Royalty Rate Proposals for 2016-2020

Noncommercial webcasters are often forgotten in the discussion of the current proceeding to set Internet radio sound recording royalties. But, along with the royalties for commercial webcasters, the current Copyright Royalty Board proceeding will also set the rates for noncommercial webcasters. Broadcast attorney and frequent guest contributor David Oxenford explains everything. Continue Reading

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Webcast Rate Proposals Now Public for 2016-2020; What Will the Copyright Royalty Board Consider?

by David Oxenford

As webcasters have submitted their royalty-rate arguments to the Copyright Royalty Board, the fight for favorable music licensing rates shifts into high gear. Broadcast law attorney Davide Oxenford takes stock of key points in the submitted briefs, clearly summarizing complex considerations. Continue Reading

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David Oxenford: Court Ruling for pre-1972 Music: What Does It Mean?

by David Oxenford

“This is a very surprising decision,” writes broadcast attorney David Oxenford in this comprehensive analysis of a federal court ruling in California. Looking forward, much depends on whether the surprising decision is upheld in appeal, and whather it is replicated in other courtrooms and states. “If this decision were upheld, the potential ramifications for business in California could be great.” Oxenford, who wrote about “The Summer of Copyright” this year, declares the start of what could be an equally contentious new season — “The Autumn of Copyright has begun!” Continue Reading

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Vital copyright focus at RAIN Summit Indy

“The Summer of Copyright.” We’ve been using that phrase recently, borrowed from broadcast attorney David Oxenford and his series of guest articles about this tumultuous year in copyright. Will the system of music royalties be rebooted when the Copyright Royalty Board establishes new rates? Will the decades-old “Consent Decrees” which govern how publishers and songwriters receive royalties be upheld or stricken down? Will pre-1972 music receive the copyright protection it has never had? What about terrestrial radio paying performance royalties for the first time in history — will it happen, and should it? Continue Reading

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The Summer of Copyright Part 4: DoJ Reviews ASCAP & BMI Consent Decrees

Broadcast law attorney David Oxenford writes about the Department of Justice review of ‘consent decress,’ which govern how ASCAP and BMI operate. “All music services need to watch and stay involved as this process develops,” Oxenford advises. “There are obviously important and complicated issues that will be considered in this review.” Continue Reading

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The Summer of Copyright Part 3: Copyright Office Requests Further Comments

by David Oxenford

In this Part 3 of his Summer of Copyright series, broadcast law attorney David Oxenford writes about a new music licensing comment period established by the U.S. Copyright Office. It is first an opportunity for all stakeholders and interested parties to weigh in. Second, the detailed request for comments illuminates how the Copyright Office seems to be prioritizing possible changes to music licensing. Continue Reading

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The Summer of Copyright Part 2: The “Music Bus”

Broadcast law attorney David Oxenford continues his “Summer of Copyright” series with Part 2, covering the second Judiciary Committee hearing of music licensing issues. This extraordinary summary, and identification of key issues, is a must-read. “These are significant issues that affect all of the music industry. And they are issues that are not easily resolved, as many stakeholders have differing and sometimes inconsistent and contradictory positions on these issues.” Continue Reading