Remember our April 4, 2019 “CALLING ALL OLDIES STATIONS!” post that alerted you to a simple form you could file to receive certain protections from potentially crippling infringement awards for unauthorized uses of sound recordings fixed before February 15, 1972 (aka “pre-72 recordings”)? That post created quite a stir. In fact, we were flooded with … Continue Reading
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
If you read the first part of this two-part post on some bizarre copyright decisions emanating from federal courts in 2018, you know I left you with a cliffhanger. Copyright law was seemingly turned on its head when a federal court judge in New York declared that embedding tweets with photos could be considered direct … Continue Reading
[Editor’s Note: This is the first of a two-part episode on three copyright decisions issued by federal courts in 2018 that relate to the use of photos in news reporting; the second part will be posted next week.] Picture for a moment a man. Not an ordinary man by any stretch. This man is Tom … 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
Attention, noncommercial educational (NCE, a/k/a “public”) broadcasters! If you have been wondering how much you’ll have to pay to broadcast musical compositions this year (and beyond), wonder no more. The rates for 2018 through 2022 were published in the Federal Register on January 19. For those new to the issue, these rates have been administered … Continue Reading
(Registered agent contact information must be ELECTRONICALLY filed with the Copyright Office by December 31, 2017) How much is peace of mind worth to you? Does $6.00 and less than an hour of your time sound about right? What if I told you that this alone would significantly reduce the likelihood that you will be … 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
(Stations Fearing a Difficult Choice Before January 1 now have until January 31 to opt in to an interim license agreement and continue playing GMR songs through September.) If you are a radio station, especially a commercial radio station primarily playing music, you are probably aware of the dueling lawsuits filed by the Radio Music … Continue Reading
We have previously written here, here, here, and here about the Radio Music License Committee’s (“RMLC’s”) successful attempt to impose on SESAC some of the same competitive restrictions that limit ASCAP’s and BMI’s ability to demand inflated license prices for publicly performing the musical compositions of their members. It was only a matter of time … Continue Reading
(Notice of Inquiry latest opportunity to weigh in on the future of the DMCA Safe Harbor) “I was dreamin’ when I wrote this, so sue me if I go too fast…” Those are lyrics from the dearly beloved and extremely talented musician Prince’s epic 1982 hit “1999” from the album of the same name. He … Continue Reading
On October 26, 2016, the National Association of Broadcasters (NAB) announced agreements it had reached with two major record labels that relieve radio broadcasters from certain compliance conditions associated with the sound recording streaming statutory license that are inconsistent with traditional broadcasting practices. They do not, however, alter radio broadcasters’ royalty payment obligations under the … Continue Reading
BMI strategy begins to pay dividends. You may recall our report last August that the U.S. Department of Justice (DOJ) had closed a two-year inquiry into the ASCAP and BMI Consent Decrees by determining that no changes to the Decrees were necessary. DOJ also weighed in on a particularly controversial issue – the licensing of … Continue Reading
Siding with music users, DOJ concludes that Decrees call for “full-work” – rather than “fractional” – music licensing; ASCAP and BMI head to court and Congress. The U.S. Department of Justice (DOJ) has formally closed its two-year-long review of the decades-old ASCAP and BMI Consent Decrees. Those Decrees mandate federal court oversight of the rates … 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
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
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
Porn trolls need to find some other jurisdiction to ply their trade following a D.C. Circuit decision effectively closing the federal court's doors to them in D.C.… Continue Reading
