music licensing

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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 →

Vital copyright focus at RAIN Summit Indy

Posted on by Brad Hill

“The Summer of Copyright.” We’ve been using that phrase recently, borrowed from broadcast attorney David Oxenford and his series of guest articles about this tumultuous year in copyright. Will the system of music royalties be rebooted when the Copyright Royalty Board establishes new rates? Will the decades-old “Consent Decrees” which govern how publishers and songwriters receive royalties be upheld or stricken down? Will pre-1972 music receive the copyright protection it has never had? What about terrestrial radio paying performance royalties for the first time in history — will it happen, and should it? Continue Reading →

Blue Music Group label withdraws from Spotify; places bet on download sales

Posted on by Brad Hill

Niche label Blue Music Group, which specializes in Scandinavian jazz and classical artists, announced yesterday that it has withdrawn its catalog from Spotify’s on-demand streaming service. The announcement, and its wording, make an interesting illustration of the tricky decision facing content owners during a time of industry disruption. 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 →

The Summer of Copyright Part 3: Copyright Office Requests Further Comments

Posted on by David Oxenford

by David Oxenford

In this Part 3 of his Summer of Copyright series, broadcast law attorney David Oxenford writes about a new music licensing comment period established by the U.S. Copyright Office. It is first an opportunity for all stakeholders and interested parties to weigh in. Second, the detailed request for comments illuminates how the Copyright Office seems to be prioritizing possible changes to music licensing. 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 →

SoundCloud reportedly readying label deals in quest to compete with YouTube

Posted on by Brad Hill

Bloomberg is citing unnamed sources in a report that SoundCloud is near to closing deals with record labels for their content to appear on the popular crowdsourced listening platform. If the report plays out as fact, Soundcloud will gain needed elbow room to compete with other music services, unhindered by legal distractions that have troubled SoundCloud recently. 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 →