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

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

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

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

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

David Oxenford: Pandora Petitions FCC for Ruling to Acquire Radio Station

Remember when Internet radio leader Pandora bought a radio station last June? The idea was to get more favorable music licensing terms, but the deal was blocked by ASCAP and remained unclosed pending FCC approval. Now, that small station in South Dakota is in the news again, as Pandora files a petition with the FCC to declare Pandora’s eligibility to acquire the terrestrial broadcaster. Broadcast law attorney David Oxenford, who is involved in the case, explains everything. Continue Reading

David Oxenford: Deadline extended for commenting on webcast reporting rules

Broadcast-law attorney and RAIN contributor David Oxenford notes a piece of information important to all webcasters. The Copyright Royalty Board has extended the deadline for comment on proposed rule changes to how webcasters report the songs they’ve played, to SoundExchange, which collects and distributes royalties to labels and artists. Continue Reading

David Oxenford explains new Copyright Royalty Board action, and why every webcaster should participate

The Copyright Royalty Board (CRB), a three-judge government panel charged with setting U.S. rules for music licensing and royalty rates, has posted a proposal for a change in webcast record-keeping and reporting to SoundExchange. Broadcast law attorney David Oxenford explains why every webcaster should be aware of the proposal, and participate in the call for comment. Continue Reading