California judge blocks Sirius XM’s immediate appeal in pre-1972 copyright case

U.S. District Judge Philip Gutierrez has denied Sirius XM’s motion to start an immediate appeal for his summary judgment in favor of members of The Turtles, according to The Hollywood Reporter. He refused the immediate appeal on claims that it would delay instead of advance the end of the lawsuit. Continue Reading

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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Pandora explains music licensing strategy in a public conference call

In a brisk 51-minute conference call with investors yesterday, Pandora described its strategy in the Copyright Royalty Board (CRB) proceeding, explained why it thinks music licensing costs (to labels) should be lower, and fielded questions about the company’s key partnership with Merlin labels. Although Pandora executives often speak at investor conferences, and conduct quarterly earnings calls, the single-topic focus of yesterday’s call was unusual. Continue Reading

Azoff’s PRO pushes YouTube on licensing, may turn to lawsuit

Irving Azoff and his Global Music Rights PRO have intensified their scrutiny of the new YouTube Music Key streaming service. According to a written exchange between lawyers for both sides, Azoff has questioned whether YouTube has the appropriate licenses to be streaming the songs represented by GMR. The group asked for the roughtly 20,000 songs GMR represents to be removed, but YouTube has not complied. Continue Reading

Pandora to discuss music licensing in public conference call

Tomorrow, Pandora will discuss the eventful and controversial topic of music licensing in a public conference call with investors. Anyone can dial in. The call comes after webcasters filed their royalty-rate arguments to the Copyright Royalty Board, in which Pandora proposed royalty rates to labels and artists lower than present rates, and about half the amount suggested by SoundExchange in its brief. Continue Reading

Sirius XM gets another pre-1972 setback, N.Y. judge rules against request for summary dismissal

A New York judge ruled against Sirius XM’s motion for a summary judgment in a lawsuit filed by the Turtles. The band is seeking $100 million in damages for the satellite radio’s playing its songs from before 1972, when federal copyright laws took effect. It is the latest in a series of state court decisions that challenge a loophole in federal music licensing regulations. Continue Reading

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BASCA to Taylor Swift: You think *you’ve* got it bad?

The British Academy of Songwriters, Composers And Authors weighed in on Taylor Swift’s decision to remove all of her music from Spotify over concerns that the singer was not being fairly compensated for her music. BASCA voiced support for Swift’s decision, but used the situation to call attention to the disparity in royalties paid to performers compared with those given to songwriters. Continue Reading

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YouTube Music Key already has enemies: Azoff questions service’s songwriter royalty rates

The launch of YouTube Music Key is an exciting development for the streaming music sector, but it the new service already has a very vocal and powerful detractor. Irving Azoff, a music industry veteran and leader of the recent Global Music Rights venture, told The Hollywood Reporter that he is prepared to remove the works by 42 of his clients from YouTube. The threatened move could see about 20,000 copyrighted works taken away from the fledgling service, as well as from the original YouTube video platform. Continue Reading

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

Universal prepares for ongoing legal licensing fights, hires performing rights special advisor

Universal Music Publishing Group announced that it has hired a special advisor on performing rights. The new post will be filled by Richard Conlon, who will advise the publisher on matters tied to advocating, protecting, and maximizing the value of performing rights for its songwriters. Conlon led the label’s digital new media licensing divisions as a former senior vice president at BMI. Continue Reading