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Pandora proposes lowering music royalty rates based on “steering” in Merlin agreement

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

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Webcast Rate Proposals Now Public for 2016-2020; What Will the Copyright Royalty Board Consider?

by David Oxenford

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

College radio webcasting gets quick settlement for 2016-2020 royalty period

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 parties file arguments with Copyright Royalty Board; we look at NAB and SoundExchange

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

Judge gives Sirius XM hope in pre-1972 copyright trial

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

David Oxenford: Deadline extended for commenting on webcast reporting rules

Broadcast-law attorney and RAIN contributor David Oxenford notes a piece of information important to all webcasters. The Copyright Royalty Board has extended the deadline for comment on proposed rule changes to how webcasters report the songs they’ve played, to SoundExchange, which collects and distributes royalties to labels and artists. Continue Reading

David Oxenford explains new Copyright Royalty Board action, and why every webcaster should participate

The Copyright Royalty Board (CRB), a three-judge government panel charged with setting U.S. rules for music licensing and royalty rates, has posted a proposal for a change in webcast record-keeping and reporting to SoundExchange. Broadcast law attorney David Oxenford explains why every webcaster should be aware of the proposal, and participate in the call for comment. Continue Reading