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Where is the music in podcasting?

The Download on Podcasts is a new weekly feature sponsored by PodcastOne.

Podcasting is generally known as a spoken-word audio category. But there is no technical roadblock to publishing musical podcasts. Legal restrictions are the problem — U.S. music licensing law that dates back to early days when podcasting operated differently than it does now. Everyone loses without an easier licensing framework for podcasts, but there are legal options. Continue Reading

Local Radio Freedom Act arrives in Congress

One of the most intractable issues in music licensing is broadcast radio’s exemption from performance royalties to artists and labels for the use of recorded music. The exemption has the weight of history: It has always been so in the U.S., though not in most other countries with government-regulated music licensing. The situation’s rarity is not of concern to advocates of radio’s licensing privilege, who assert that radio’s traditional role in driving awareness, success, and sales of music performers is as vital today as ever. Continue Reading

Swedish songwriters publish open letter of complaint about royalties

Dozens of Swedish songwriters signed an OpEd in Aftonbladet, a leading Swedish newspaper, complaining of low royalty payouts from streaming services compared to royalties collected by record labels, and predicted an imploding industry if a different balance is not created. Spotify is a target, but record labels get more heat. Continue Reading

VerStandig webcast royalty case tossed by judge; argument unresolved in principle

A lawsuit brought by VerStandig Broadcasting in Virginia last May, which sought to limit music royalty payments for its webcasts, has been ejected in a pre-trial dismissal by a federal judge. Judge Michael Urbanski reportedly dismissed the case as too “speculative” and “hypothetical” for trial. Continue Reading

Sirius XM wins right to appeal in New York for pre-1972 copyright suit

U.S. District Judge Colleen McMahon has granted Sirius XM the right to appeal its New York lawsuit over royalties for pre-1972 recordings. McMahon wrote that she granted appeal permission because of “a critically important controlling question of law” and uncertainty about whether Sirius XM had fair use to make temporary copies of the music. She determined that the case “warrants a close look by a controlling court.” 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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U.S. Copyright Office rattles cages with profound critique of music licensing

The U.S. Copyright Office released a comprehensive critique of how music licensing works in the U.S. Criticism, by itself, is not noteworth ythese days. The document is exceptional for its detail, pedigree, and disruptive recommendations. The headline recommendation: Broadcast radio should start paying artists. Continue Reading