Tag Archives: Intellectual Property

Copyright Enters the Twilight Zone (A Series of Controversial Decisions May Not Be as Bad as They Seem: Part Two)

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

Copyright Enters the Twilight Zone (A Series of Controversial Decisions May Not Be All that They Seem: Part One)

[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

RMLC and GMR Agree to Extend Interim License for Another Six Months

We have been following the ongoing saga that is the dispute-turned-litigation between the Radio Music License Committee (RMLC) and Global Music Rights (GMR) since late 2016, providing several updates along the way. What started as an impasse between a main representative of commercial radio stations in the country on music licensing issues (the RMLC) and … Continue Reading

Commercial Broadcasters March Toward a Second Extension of GMR Interim License

Over the past 14 months, we’ve kept our readers updated on the music licensing fight between the Radio Music License Committee (RMLC) and Global Music Rights (GMR). This, of course, started when the two sides couldn’t reach an agreement on the terms of a license that would allow the commercial radio stations represented by the … Continue Reading

Rates to Perform Musical Compositions in 2018-2022 Published for Noncommercial Broadcasters

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

Shutdown Any Unauthorized Use of Trademarks

While many outside the nation’s capital were engrossed in this weekend’s football games, those inside the beltway were engrossed in their own local sport: politics (especially because D.C.’s team – who shall remain nameless even as that name may be trademarked – hasn’t played for the Lombardi trophy in 26 years). Specifically, “Shutdown” was THE … Continue Reading

‘Here Comes the Sun…’ Federal Magistrate Recommends that RMLC Lawsuit Against GMR be Moved to California

It was around this time last year that one of the most closely watched fights in music licensing history – if not copyright generally – went to the next level as the Radio Music License Committee (RMLC) sued Global Music Rights (GMR). The RMLC lawsuit alleges that Irving Azoff-founded newest Performing Rights Organization (PRO), was … Continue Reading

Second Circuit Gives Belated Valentine’s Day Gift to Music Licensees by Ruling for Sirius XM Regarding Its Use of Pre-72 Sound Recordings

We previously told you about the Christmas gift that New York’s highest state court had given to licensees that play “oldies” recordings by finding that the owners of those recordings had no right to demand payment when the recordings were publicly performed in New York.  That ruling came in one of many lawsuits that Flo … Continue Reading

.RADIO Domain Names Available Soon, But Many Unanswered Questions about Availability

After many years of preparation, the roll-out of .RADIO domain names will finally be underway shortly. The news has potential for broadcasters worldwide (for example, you could have Nashvillehits.radio as your URL.) Yet there are many unanswered questions about how .RADIO domain names will be allocated and what happens when multiple parties want the same … Continue Reading

NAB Announces Waiver Agreements with Sony and Warner Affecting Non-Royalty Aspects of Webcasting

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

Dancing Baby in the Ninth Circuit: A Twist on Takedowns

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
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