Answer: Unclear, but it could be more often that you might think. In the ongoing litigation over whether recording artists are entitled to performance right royalties for the public performance of pre-February 15, 1972 recordings, we have a new wrinkle. A federal judge in the U.S. District Court for the Central District of California has … Continue Reading
Back in December I reported on the Final Rule and Order adopted by the Copyright Royalty Board in its Webcasting IV proceeding (official name: “Determination of Royalty Rates and Terms for Ephemeral Recording and Webcasting Digital Performance of Sound Recordings”. And now, a mere four or five months after the CRB first announced its decision (which … Continue Reading
Same as it ever was: as they start in on the next five-year period with new rates and terms announced in Webcasting IV, webcasters must again attend to annual SoundExchange homework. It’s been a month since I wrote about Webcasting IV, the decision of the Copyright Royalty Board that set webcasting rates and terms for … Continue Reading
You’ve got until February 4 to ante up to participate in any or all of the three. A lot of attention has been devoted to the Webcasting IV decision which the Copyright Royalty Board (CRB) announced on December 16, 2015 (and then promptly revised on December 24). (Don’t be embarrassed if you’re not up to … Continue Reading
Appeals court tosses “disparagement” bar against registration of “offensive” trademarks Last May, our colleague Kevin “the Swami” Goldberg called readers’ attention to an interesting case wending its way through the U.S. Court of Appeals for the Federal Circuit. It involves the rejection, by the U.S. Patent and Trademark Office (PTO), of an application for federal … Continue Reading
Copyright Office inquiry may lead to changes in the law that give consumers greater freedom over their belongings. Most people think that buying a toaster, say, lets you do anything you want with it. That may be wrong. Copyright law may limit your rights even as to products you bought and paid for. Here’s why. … Continue Reading
Some uncertainties still need to be tied down, and “Small Broadcasters” may not be happy, but the new rates themselves are likely to please broadcasters If you’re a webcaster (or planning to be one between now and 2020), you’ll need to know that the Copyright Royalty Board (CRB) has at long last announced the webcasting … Continue Reading
But District Court decision could be key to a return to the Supreme Court for Aereo-related issues FilmOn X’s fortunes have taken a turn for the worse. But for FilmOn X, that might not be a totally bad thing. Longtime readers will be familiar with FilmOn X, the Aereo doppelganger. When Aereo burst on the … Continue Reading
Dueling letters from SESAC and RMLC offer distinct alternatives for radio stations in their dealings with SESAC As we reported several months ago, in July the Radio Music License Committee (RMLC) reached a settlement agreement with SESAC that resolved RMLC’s antitrust lawsuit against SESAC and brought some measure of certainty and stability to the license … Continue Reading
You can now unlock or get access to tablets, vehicle software, video games, and more – and stay within the law. Following congressional approval last year for the unlocking of cell phones, the Librarian of Congress has now adopted a broad exemption that permits the unlocking of all wireless handsets, including smart phones and “phablets.” … Continue Reading
Recent decisions resolve some questions, influence the eventual resolution of others. If you’re a webcaster, we’ve got some news for you. While the Copyright Royalty Board (CRB) has yet to conclude its Webcasting IV proceeding, it has issued two orders recently that wrap up some aspects of that proceeding. And the Register of Copyrights has … Continue Reading
DMCA requires consideration of “fair use” before infringement can be alleged. Thanks to digital technology, copyright infringement is easier than ever – and the Internet provides a tempting place to display infringing uses of copyrighted material. Recognizing that, Congress passed the Digital Millennium Copyright Act (DMCA), creating a simple mechanism by which copyright owners could … Continue Reading
Expanding “Flo and Eddie” theory beyond Sirius XM and Pandora, suits seek state-created performance rights royalties from broadcasters. For the last year or so I’ve reported on efforts being made by some recording artists and record labels to assert performance right interests in recordings made prior to February, 1972. (Why February, 1972? Take a minute … Continue Reading
Federal judge in California declares Aereo clone potentially eligible for compulsory copyright license. Sometimes, getting there first doesn’t mean that you’re the winner. Just look at Aereo, whose innovative technology was going to revolutionize the delivery of video programming. Although supposedly embraced by the consuming public, Aereo was sued for copyright infringement by lots of … Continue Reading
Props to Bill Velez for striking a good deal for the radio industry! Bill Velez and the gang at the Radio Music License Committee (RMLC) have struck again. Having targeted SESAC in an antitrust suit in 2012, they have now used the leverage of that suit to gain a settlement with SESAC that should prove … Continue Reading
Unlike California and New York, the Florida sun doesn’t shine on Flo & Eddie’s claim of performance rights for pre-1972 sound recordings. It probably seemed like a good idea at the time. Flo & Eddie were suing Sirius XM in California and New York, so why not do the same in Florida? What could possibly … Continue Reading
Settlement wraps up record labels’ lawsuit re pre-1972 performance rights They’re rejoicing in the Home for Old Musicians (not to mention the Home for Companies That Own Old Musicians’ Performance Copyrights). Sirius XM and several major record labels have settled one of the “Pre-1972” lawsuits that we’ve written about in the past. The result: Sirius … Continue Reading
This is the story of how Pandora, in an effort to cut its copyright royalty costs, managed to saddle itself with a complex array of ownership reporting requirements designed by the FCC to keep Box Elder, South Dakota safe from aliens. It's a true story.… Continue Reading
The new top level domain that many love to hate is now available to registered trademark holders - but pretty soon it'll be open to everybody else.… Continue Reading
In a report on "Copyright and the Music Marketplace", the Copyright Office has set out a wide range of observations and recommendations that could resonate for years in Congress and elsewhere.… Continue Reading