All about copyright, understanding music licensing, and government regulations.
A legal tug-of-war between Pandora and performing rights organization BMI has been in progress since a ruling last December, and it took a new twist last week when BMI reportedly advised Pandora that it does not expect any major music publishers to withdraw their catalogs at the end of 2014. This communication was strong on reassurance but weak in specifics. Continue Reading
Publisher Kobalt announced that for the first time, its writers received greater royalties from Spotify than from iTunes. During the first quarter of 2014, Spotify royalties in Europe were 13% higher than those earned from iTunes downloads in the region. We’re still a long way from declaring victory for the streaming financial model, since this change has only been observed in Europe for Kobalt’s stable of about 6,000 songwriters and artists. However, Spotify’s first success over the long-dominant Apple-owned store is still a notable milestone. Continue Reading
Copyright has been the hot-button topic of this year, and the role of performing rights organizations has been a central topic of debate. While some of the top publishers like Sony and Universal Music Group are looking for a chance to break from the outside management of their compositions by ASCAP and BMI, the top two PROs embroiled in consent decree rules, there is still some opportunity for shuffling within that business and legal infrastructure. Continue Reading
In a revealing document submitted to the U.S. Copyright Royalty Board (CRB), Pandora argues for lowered music licensing rates in the 2016-2020 statutory royalty period. The proposed rate range is about half the amount suggested by SoundExchange in its submission to the CRB. The key argument discloses aspects of Pandora’s private music licensing agreement with Merlin, a coalition of 20,000 music labels. Continue Reading
Jeff Price, founder and CEO of Audiam, has launched a new division of his company called the International Association of Music Publishers. This group aims to quickly and accurately pay publishers mechanical royalties for the digital use of their creations. The FAQ explains that IAMP aims to also identify and record mechanical royalties that were previously earned but unpaid. Continue Reading
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
With the release of its new “How Google Fights Piracy” report, Google announced a change to its search engines that will make illegal sites less likely to appear in queries. Senior Copyright Counsel Katherine Oyama wrote a blog post explaining the main points of Google’s latest efforts in the anti-piracy space. Continue Reading
Pandora has appointed Steve Bené as its new general counsel. Bené joins the online radio service from Electronic Arts, where he held the same position and worked on negotiations with music and movie studios. In his role at Pandora, Bené will be a member of the company’s executive leadership team and will oversee all legal operations. Continue Reading
The judicial trend in cases about the copyright pre-1972 recordings has swung decidedly in the favor of artists. In August, Judge Mary Strobel issued a tentative ruling in support of Sirius XM in its legal defense against major record labels. However, on Tuesday she ruled in favor of the plaintiffs, securing compensation for the labels for the public performance of pre-1972 recordings. Continue Reading
Samsung appears to have had a change of heart on whether to charge for its Milk Music service in South Korea. Today, the tech giant announced that it would introduce a premium tier to Milk following some legal trouble with a group of Korean record labels. According to Korea Bizwire, the paid plan will arrive in Samsung’s home country in the first quarter of 2015. Continue Reading
YouTube has made $1 billion in payouts from its ContentID system since it was implemented in 2007. This technology helps many of the video network’s content creators to control how their material is made available. The program has been especially helpful for musicians and music labels, since many YouTube users upload video with copyrighted audio material. The rights holders can either have infringing videos taken down or have ads placed in them to generate revenue. Continue Reading
The music industry entered a new automotive battleground. The Alliance of Artists and Recording Companies filed a lawsuit against several car companies, including General Motors and Ford Motor Company, seeking damages for vehicles equipped with what it believes are digital audio recording devices. Ford has filed a motion to dismiss the case. The argument hinges on a key definition. Continue Reading