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David Oxenford: Podcaster Sued for Copyright Infringement for Using Music without Permission

by David Oxenford

Major labels and publishers are quick to call in the copyright lawyers, and this time their target was a podcast that they claimed was illegally using music in episodes. David Oxenford explains the distinctions between different performance licenses and what podcasters should do to stay on the right side of copyright law. Continue Reading

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David Oxenford: Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

by David Oxenford

Years after the decision, SoundExchange is still pushing for an appeal of the Copyright Royalty Board’s determination of webcasting rates for the 2016-2020 period. Legal expert David Oxenford shares some background on how appeals courts review these cases and breaks down the latest ruling. Continue Reading

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David Oxenford: More Podcast Legal Issues – Getting Releases From Interview Subjects

by David Oxenford

Popular podcast S-Town drew critique and legal attention for how it handled public revelations about a private citizen’s life. David Oxenford addresses the legal questions surrounding podcast subjects, especially as more audio programming is optioned for television and film. Continue Reading

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David Oxenford: Copyright Royalty Board News – Sirius XM and Cable Radio Rates, Webcasting Rate Appeal to Be Argued in February

by David Oxenford

The Copyright Royalty Board recently made its ruling for royalty rates to be paid by Sirius XM in 2018-2022. David Oxenford lays out the known details of the determination along with some important notes about the appeal for the webcasting rates set for 2016. Continue Reading

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David Oxenford: Chairman Wheeler to Step Down on Inauguration Day Leaving a Republican-Controlled FCC – What’s It Mean for Broadcasters?

by David Oxenford

In the most detailed and far-thinking report on Tom Wheeler’s resignation that we’ve seen, guest columnist and renowned broadcast attorney David Oxenford lays out what a Republican-controlled FCC could mean after Inauguration Day. Continue Reading

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David Oxenford: CRB Set to Begin 3 New Royalty Proceedings – Mechanical Royalty, Sirius XM Satellite Royalty, and Noncommercial Broadcasting Over-the-Air Royalties

by David Oxenford

In tomorrow’s Federal Register, the Copyright Royalty Board will announce the commencement of three new proceedings to set music royalties for the 2018-2022 five-year period, each involving a different music right. Continue Reading

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CRB Developments: Revised Rates and Terms, Issues about Performance Complement and Small Webcasters

Unsettled issues are flowing into the industry mindspace following the Copyright Royalty Board (CRB) ruling of new webcast royalty rates to labels on December 16. Broadcast law attorney David Oxenford untangles what the issues mean to broadcasters and small webcasters. Continue Reading

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David Oxenford: Adele’s New Record is Not on Online Streaming Services – Except Where It Is – The Difference Between Interactive and Noninteractive Streaming

by David Oxenford

Broadcast law attorney and guest columnist David Oxenford explains the difference between interactive and non-interactive music services in the context of Adele’s new album release, which is withheld from on-demand listening platforms like Rhapsody and Spotify. Continue Reading

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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