Copyrights & Legal

All about copyright, understanding music licensing, and government regulations.

Judge gives Sirius XM hope in pre-1972 copyright trial

Posted on by Anna Washenko

Last September, several major record labels filed a lawsuit against Sirius XM seeking damages for the satellite radio company’s failure to pay royalties for recordings made before federal copyright protection was enacted in 1972. According to The Hollywood Reporter, the judge hearing the lawsuit issued a tentative ruling that indicates a favorable result for the satellite radio company. The suit in question was filed last September by Capitol Records, Sony Music Entertainment, Universal Music Group Recordings, and ABKCO, with the labels arguing that state laws should protect use of the older recordings. Continue Reading →

SoundExchange Q2 data shows digital radio royalty payments slowly pulling even

Posted on by Anna Washenko

The latest quarterly data from SoundExchange revealed that non-interactive digital radio services are making progress in matching the royalties from other digital revenue streams. Last year, subscription music services such as Spotify, Rhapsody, and Beats Music posted a growth rate of 57 percent. If that rate holds, then those services will make $987 million this year. That would yield $690 million for rights holders, assuming a 70/30 split of the revenue. Continue Reading →

Vital copyright focus at RAIN Summit Indy

Posted on by Brad Hill

“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 →

Cable TV lobby and Netflix weigh in on music industry’s consent decrees

Posted on by Anna Washenko

This year’s big debate over consent decrees has consequences for more than just the music industry. Today, concerns over consent decrees led to a surprising agreement between long-standing enemies. The National Cable & Telecommunications Association made a submission to the DoJ calling for the regulations to stay in place. Continue Reading →

Pandora CFO addresses investors as P stock climbs 10%

Posted on by Brad Hill

Pandora CFO Mike Herring answered questions in front of investors at the Oppenheimer 17th-annual Technology, Internet & Communications Conference on Wednesday. P stock rose over 10% during the day, probably due less to Herring’s remarks than to investment house Stifel issuing a Buy rating for Pandora. Meanwhile, Mike Herring delivered his talking points in response to 32 minutes of questioning about audience size, ad sales, and music licensing. Continue Reading →

Blue Music Group label withdraws from Spotify; places bet on download sales

Posted on by Brad Hill

Niche label Blue Music Group, which specializes in Scandinavian jazz and classical artists, announced yesterday that it has withdrawn its catalog from Spotify’s on-demand streaming service. The announcement, and its wording, make an interesting illustration of the tricky decision facing content owners during a time of industry disruption. Continue Reading →

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

Posted on by Brad Hill

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 →

BMI and ASCAP speak out in favor of revised consent decrees; NAB disagrees

Posted on by Anna Washenko

BMI submitted a statement to the Department of Justice earlier this week with its proposed changes to the consent decree rules that govern collective licensing. The group’s main argument was that music publishers should be allowed to chose which rights they negotiate through the performing rights organizations. ASCAP echoed BMI’s sentiments in its own filing on Thursday. Continue Reading →

ASCAP appeals Pandora ruling

Posted on by Brad Hill

ASCAP announced that it is appealing the decision it lost to Pandora in a federal rate-setting trial in March. ASCAP seeks to reverse a district court’s ruling that set a much lower royalty rate for Pandora’s use of music created or published by ASCAP members. In the earlier trial, federal judge Denis Cote was categorical in her rejection of ASCAP’s argument. the stakes are high enough to motivate ASCAP’s appeal. Continue Reading →

EU clears Apple/Beats deal, Bose adds twist with lawsuit over noise-canceling tech

Posted on by Anna Washenko

The European Commission has cleared Apple’s purchase of Beats. The trade regulator determined that while both companies do have overlap in goods and services sold, they don’t have a strong enough joint presence in Europe to cause competition concerns. However, the news isn’t all good for Beats and its likely new owner. Continue Reading →

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

Posted on by David Oxenford

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 →