copyright

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Artists win first ruling in pre-1972 royalty lawsuits; Sirius XM loses — impact unclear

Posted on by Brad Hill

A California judge has delivered a result in the Turtles vs. Sirius XM class action case, in which the oldies band sought damages for Sirius XM’s failure to pay royalties for use of pre-1972 music. The court issued a summary judgment in favor of the artists, striking a blow to Sirius XM and sending tectonic shock waves across the streaming music landscape. Although the ruling is clear, its impact is not. The case centers on discrepancies between state and federal music-licensing laws, and lack of clear regulation in both realms. Continue Reading →

BMI breaks royalty collection record; cable and satellite lead all sources

Posted on by Brad Hill

Broadcast Music, Inc. (BMI), a performing rights organization that collects and distributes music royalties on behalf of publishers and composers, announced record-breaking revenue and distribution for the fiscal year ended June 30. Revenue totaled $977-million, and royalty distributions were accounted at $840-million. Continue Reading →

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 →

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 →

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 →

Sony puts entire catalog online, positioning for licensing independence

Posted on by Anna Washenko

Sony/ATV/EMI announced that its complete catalog of songs is now visible on its website. “As the world’s leading music publisher we want to ensure that existing users, prospective licensees and those with a need to access our extensive song list are provided with that capability,” said Martin Bandier, the company’s chairman. Continue Reading →

Sony threatens to split from licensing collective to secure digital rights

Posted on by Anna Washenko

The simmering legal battle for collective licensing took a new turn last week. Martin Bandier, chairman of Sony/ATV/EMI, said that his company would consider withdrawing from the U.S. collective licensing system unless the Department of Justice overhauls the current regulations for song performance rights. Continue Reading →

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Labels push the moment with musicFIRST campaign for radio royalties

Posted on by Brad Hill

Of all the issues woven into potential music-licensing reform during this “Summer of Copyright” (part 1 and part 2), none is larger, more publicized, or more intractable than whether broadcast radio should lose its exemption from paying performance royalties. The latest volley in an ongoing inflammatory argument is by the advocacy group musicFIRST, which has launched an ad campaign intended to attract the attention of selected legislators in their home districts Continue Reading →

The Summer of Copyright Part 2: The “Music Bus”

Posted on by David Oxenford

Broadcast law attorney David Oxenford continues his “Summer of Copyright” series with Part 2, covering the second Judiciary Committee hearing of music licensing issues. This extraordinary summary, and identification of key issues, is a must-read. “These are significant issues that affect all of the music industry. And they are issues that are not easily resolved, as many stakeholders have differing and sometimes inconsistent and contradictory positions on these issues.” Continue Reading →