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

Beware of Music in Your Podcasts – SoundExchange, ASCAP, BMI and SESAC Don’t Give You the Rights You Need

by David Oxenford

The overwhelming majority of podcasts are spoken-word programs, and it has been that way the category started. Why? Broadcast law attorney and guest columnist David Oxenford explains the legal reasons. Continue Reading

Proposed class actions could hit Beats, Rdio, Google, and more with pre-1972 copyright judgments

On Thursday, Zenbu Magazines filed multiple proposed class-action lawsuits against several streaming services seeking to collect royalties on music recorded before 1972. The company targeted Beats Electronics, Sony Entertainment, Google, Rdio, Songza, Slacker, and Escape Media Group (which owns Grooveshark) in the complaints. Continue Reading

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SoundExchange to audit Live365, iHeartMedia, CBS Radio in standard compliance sweep

When a reader and pureplay station operator sent us a government notice of SoundExchange’s intent to audit the streaming royalty payments made by Live365, iHeartMedia, and CBS Radio for 2011, 2012, and 2013, we turned to broadcast law attorney David Oxenford (author of the deeply informative Broadcast Law Blog) to find out how significant the action is. Continue Reading

Sony boss calls for better songwriter/publisher royalties from streaming

Martin Bandier, chairman and CEO of Sony/ATV, has added his voice to the criticism of rates paid to music publishers for streaming. “We at Sony/ATV want these digital music services to be successful because they are a great way for music fans to listen to music and have the potential to generate significant new revenues for everyone,” he said. “However, this success should not come at the expense of songwriters whose songs are essential for these services to exist and thrive.” Continue Reading

New York Court Finds Public Performance Right in Pre-1972 Recordings; How Will this Affect Music Use?

by David Oxenford

David Oxenford explains potential impacts and consequences of the latest pre-1972 copyright court action. “All music users that play oldies, whether the businesses be digital music services, radio stations, bars and restaurants or retail outlets, need to be carefully following the action in this case.” 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