This is the promised follow up to our December 14, 2018 post regarding the compliance obligations for 2019 under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licenses”) allowing webcasters to make public performances sound recordings via digital audio transmission and to make related temporary copies of those … Continue Reading
We usually publish our “Webcaster Wake Up Call!” post each January. This post reminds webcasting services of their compliance obligations for the upcoming year under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licenses”) allowing them to publicly perform sound recordings via digital audio transmission. Part of the … Continue Reading
Three weeks into 2018, we’ll confess to still writing “2017” on the occasional check. Admit it: you probably have too (we can’t be the ONLY ones still writing checks every now and again). Webcasters complying with the statutory licenses found in Sections 112 and 114 of the Copyright Act – which permit them to webcast … Continue Reading
(Court also compares Internet Radio to Terrestrial Under State Law) A Georgia Supreme Court decision on a narrow issue relating to the use of pre-1972 sound recordings creates an interesting new topic for discussion in this area, even as the holding in this case is itself necessarily limited to Georgia. The case is iHeartMedia v.Sheridan, … Continue Reading
SoundExchange reports, payments due soon On February 2nd the groundhog best known as “Punxsutawney Phil” will be plucked from the comfort of his underground lair and ceremoniously asked to “predict” the end of winter. Of course, this tradition was memorably portrayed in the 1993 movie “Groundhog Day” in which Bill Murray’s Phil Connors relives a … Continue Reading
In what comes as an early Christmas gift for those who play “oldies” music – think Sirius XM Radio, radio broadcasters, and webcasters – and coal in the stockings of the owners of those recordings, New York’s highest state court ruled today that New York does not recognize a public performance right in sound recordings. … Continue Reading
Many readers will recall our posts about the webinar discussing the Radio Music Licensing Committee’s lawsuit against Global Music Rights that was scheduled for this week. As we have explained to readers in our earlier blog posts, GMR was founded to extract higher license fees for its copyright owner members than those obtained by ASCAP or BMI … Continue Reading
Copyright Royalty Judges Reinstate Reporting Relief for Most Noncommercial Broadcasters You may recall that in August 2016, we reported that the Copyright Royalty Judges had proposed to modify the rules governing how noncommercial broadcasters are supposed to report the sound recordings that they stream to SoundExchange. That proposal was published at the urging of the … Continue Reading
Many broadcasters are telling FHH they’ve been contacted by the Radio Music License Committee about a lawsuit the RMLC has filed against a new performing rights organization. Called Global Music Rights, it was founded in 2013 with the goal of extracting higher music license fees than those offered through other PROs like ASCAP and BMI. … Continue Reading
We previously informed you about the Radio Music License Committee’s (RMLC) antitrust lawsuit filed against the “fourth” performing rights organization (“PRO”), Global Music Rights (“GMR”) for engaging in anticompetitive conduct designed to drive up music licensing prices. Now, GMR has filed an antitrust lawsuit of its own in a different federal court against the RMLC. … Continue Reading
Many broadcasters are telling FHH they’ve been contacted by the Radio Music License Committee about a lawsuit the RMLC has filed against a new performing rights organization. Called Global Music Rights, it was founded in 2013 with the goal of extracting higher music license fees than those offered through other PROs like ASCAP and BMI. … 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
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
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
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
Kevin Goldberg pursues his mission: laying out the annual SoundExchange filing requirements so that everybody that has to comply with them can know what to do.… Continue Reading
A Copyright Royalty Board notice suggests a possible shift in the way webcasting royalty rates may be calculated in the next five-year term.… Continue Reading
Heads up, all you webcasters. It's a new year, and you have filing requirements coming up fast, including an important JANUARY 31 deadline.… Continue Reading
On the horizon for Congressional consideration in the post-election months: two different proposed approaches to the calculation of certain copyright royalty rates.… Continue Reading