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 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
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
In 1941, the U.S. Justice Department set up a music licensing system that still governs publishers, composers, and songwriters. Today, the Justice Department announced its intention to review the 73-year-old laws and consider changing them. At stake — how publishers negotiate royalty payments, how much money music creators earn, and costs to streaming music services. Continue Reading
The Songwriter Equity Act, proposed legislation originally introduced in the U.S. House of Representatives, is picking up new steam in the Senate, as three co-sponsors announced they would introduce their re-write of the bill. The senators gained publicity for their legislative action by holding a press event in Nashville’s Bluebird Cafe. Continue Reading
The court decision in the ASCAP vs. Pandora royalty-rate trial was released this morning. In the lengthy court document, presiding federal judge Denise Cote explains how ASCAP failed to achieve the escalated royalty rates it sought on behalf of its client publishers and composers. “ASCAP has not carried its burden.” Continue Reading
Pandora just saved about $21-million. The recently concluded ASCAP vs. Pandora trial could be framed as a draw, with the disputed royalty rate to publishers maintained. But crunching the arithmetic shows the court decision comes much closer to Pandora’s desired outcome than ASCAP’s, and provides a view of how much money Pandora saved — or ASCAP lost, depending on the viewpoint. Continue Reading
The ASCAP vs. Pandora rate-setting trial, brought before a federal judge to determine how much Pandora must pay music publishers and composers to play recordings of their music, has ended in a preservation of Pandora’s existing rate. While Pandora hoped to lower that rate by a small amount, ASCAP hoped to raise payments by up to 62% Continue Reading
Copyright reform is the agenda of a new bill introduced to Congress by Rep. Doug Collins of Georgia. Called the Songwriter Equity Act, the bill seeks to amend portions of the U.S. Copyright Act, addressing what the bill’s sponsors call inequity in current regulations. Continue Reading
According to a first-hand document provided by a RAIN source, federal judge Denise Cote seemed to agree with Pandora’s argument that it be treated as “radio” in closing arguments of a royalty case. Pandora could pay less to publishers as a result. Details. Continue Reading
The cost of content is a shared issue in terrestrial, webcast, and pureplay balance sheets. Music licensing costs come as a patchwork of statutory and negotiated agreements. Stakeholders on the music content side include composers, performers, and labels. Three organizations… Continue Reading
The New York Times writes today that one area of a troubled music industry that’s seen consistent revenue growth, and may be poised for more, is songwriter and publisher royalties, collected by groups like BMI and ASCAP. Webcasters and radio… Continue Reading