All about copyright, understanding music licensing, and government regulations.
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
Samsung has drawn the ire of the Korea Music Copyright Association with its Milk Music. The group of record labels signed a contract with Samsung stating that the tech major would begin charging for the streaming service starting Oct. 10. Samsung is still offering Milk for free to the owners of certain smartphones, but it is paying the streaming charges to Soribada, a subcontractor and local music distributor. The association ended its contract with Soribada today as a result, claiming that continuing to operate Milk Music without its approval would be a copyright infringement. Continue Reading
As the Department of Justice weighs what to do about digital performance rights, Sony/ATV/EMI has been making bold claims that it would consider leaving the collective licensing system in order to negotiate its own rates. According to The New York Post, that could be happening soon. The paper reported that Sony could split from ASCAP and BMI by the end of the year. Continue Reading
Never have the words Alabama and Canada been uttered in the same sentence as much as they are this week. Broadcast law attorney David Oxenford explains why. Continue Reading
College radio stations, represented by College Broadcasters, Inc. (CBI), will see their webcast royalty rates for the use of music recordings unchanged in the looming 2016-2020 royalty period. Most stations will use a simplified “proxy” reporting method to SoundExchange, an easier administrative process than the fastidious reporting that commercial stations must supply. Continue Reading
Webcast companies have filed written arguments with the Copyright Royalty Board, as the streaming industry moves inexorably toward a new licensing period for the use of music recordings starting in 2016. The filing deadline was last night at midnight.
The National Association of Broadcasters (NAB) and SoundExchange have both filed their documents. The two petitions use some of the same language, but to opposite purposes. We examine both arguments. Continue Reading
The Turtles have filed a class-action suit against Pandora, claiming $25 million in damages for copyright infringement. The New York Times reported that pre-1972 songs only account for about 5% of the music played on Pandora. A representative from the online radio company said that the platform was confident in its actions, noting that Pandora pays separate songwriting royalties on all its music, including those tunes from before the pivotal dates. Continue Reading
Following the recent copyright ruling in favor of The Turtles, Sirius XM said it will appeal the decision. “We think Judge Gutierrez is wrong,” Sirius CFO David Frear said at a conference this week. “We’ve been observing the law since we started service.” Frear said that the pre-1972 ruling has much broader implications than for just the satellite radio company. Continue Reading