David Oxenford: Understanding the Murky State of the Performance Right in Pre-1972 Sound Recordings

by David Oxenford

the legal issues around pre-1972 music royalty disputes are complex, tangled by conflicting federal and state regulations. State-court lawsuits in New York and California have favored plaintiffs seeking royalties from Pandora and Sirius XM, but a recent decision in Florida went the other way. Broadcast law attorney David Oxenford untangles. Continue Reading

David Oxenford: Copyright Royalty Board Begins Hearings on Webcasting Royalty Rates – When Will We See a Decision?

by David Oxenford

The Copyright Royalty Board has begun the hearing phase of its proceeding to set the royalties to be paid by webcasters for the years 2016-2020. Broadcast law attorney David Oxenford witnessed the day-ong event. Continue Reading

More on SoundExchange/NPR webcast licensing deal: more reporting requirements

As we reported on March 17, SoundExchange and National Public Radio (NPR) reached an agreement for webcast music licensing in the 2016-2020 royalty period. NPR agreed to increase the number of stations providing detailed census reporting of the music they play in webcasts. We spoke to Rusty Hodge of SomaFM about whether those reports are difficult to produce. Continue Reading

Pandora closes direct licensing deal with leading classical label Naxos

In another demonstration of “willing buyer, willing seller” deal-making, Pandora has negotiated a direct licensing deal with Naxos, one of the world’s most prolific classical music labels. Before this, Pandora’s most widely publicized private negotiating effort was with the international consortium of independent labels, Merlin. Both deals are important. Continue Reading

Copyright Office Issues Report on Music Licensing, Issues Include Broadcast Performance Royalties, Publisher Withdrawals from ASCAP and BMI, and Pre-1972 Sound Recordings

by David Oxenford

As we reported last week, the U.S. Copyright Office released a comprehensive review of music licensing, and made recommendations for changes. Broadcast Law Attorney offers this thorough analysis of the report’s contents.

“The report tees up many issues for consideration. So now, let the debate begin!” 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

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

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

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iHeartMedia proposes reducing webcast royalty rates by 80%

by Brad Hill

iHeartMedia has proposed reducing the royalty rate webcasters pay to artists and labels, cutting the existing rate set for terrestrial webcasters by 80 percent. The suggested royalty amount is less than half of Pandora’s suggested rate, which in turn is about half the rate suggested by SoundExchange, which represents music labels. iHeart’s argument is based on its negotiated deal with Warner Music Group, which provides lower royalty rates in exchange for greater exposure of Warner music. Continue Reading