USA articles related to:
Music royalty settlement announced on mechanical royalties - not a decision on webcasting rates
Davis Wright Tremaine LLP - USA -
April 11 2012
The broadcast and music trade press brought news of a settlement between music companies and digital media services regrading digital music royalties.
The basics of music licensing in digital media
- Davis Wright Tremaine LLP
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- USA
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- March 10 2010
Businesses that are involved in digital media use music in many ways and most require some sort of license to make the use legal.
Another royalty payment for webcasters? EMI withdraws from ASCAP for new media licensing
- Davis Wright Tremaine LLP
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- USA
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- May 8 2011
Just as webcasters thought that they had their royalty obligations figured out, there comes news that the already complicated world of digital media royalties may well become more complicated.
Beware - music use in podcasts, downloads and on-demand streams is not covered by your SoundExchange royalties
- Davis Wright Tremaine LLP
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- USA
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- July 21 2011
Broadcasters beware - podcasts with music may be dangerous to your economic health.
The basics of music licensing in digital media: 2011 update
- Davis Wright Tremaine LLP
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- USA
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- June 10 2011
Businesses that are involved in digital media use music in many waysand most require some sort of license to make the use legal.
The basics of music licensing in digital media: 2011 update
- Davis Wright Tremaine LLP
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- USA
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- February 22 2011
Businesses that are involved in digital media use music in many waysand most require some sort of license to make the use legal.
SiriusXM brings law suit against SoundExchange alleging collusion to stop direct licensing of music - impact on royalties?
- Davis Wright Tremaine LLP
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- USA
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- March 28 2012
SiriusXM announced that is has filed a legal action, including antitrust claims, against SoundExchange and A2IM (the American Association of Independent Music - the association of independent record labels), charging, according to a press release, these two organizations "with unlawfully interfering in SiriusXM's efforts to secure, through a competitive market, copyrights critical to its business.
Pandora enters settlement to pay for public performance of SonyATV musical works - what's its impact on licensing for music services and rights holders?
- Wilkinson Barker Knauer LLP
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- USA
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- January 20 2013
Deciding how to pay music royalties has always been difficult - trying to figure out what permissions are necessary, who has the rights to grant such
Full text of Copyright Royalty Board decision on Sirius XM and Music Choice royalties released - the basics of the decision
- Wilkinson Barker Knauer LLP
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- USA
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- January 4 2013
The full decision of the Copyright Royalty Board setting the royalty rates to be paid to SoundExchange by Sirius XM and Music Choice from 2013 through
Why the differing perceptions of the value of music by digital music services and copyright holders make royalty decisions so hard
- Wilkinson Barker Knauer LLP
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- USA
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- March 31 2013
With the National Association of Broadcasters big convention coming up next week in Las Vegas, this week we'll look at a couple of the issues that
SoundExchange sending reminders to broadcasters who are not paying royalties for streaming music sound recordings
- Davis Wright Tremaine LLP
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- USA
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- March 23 2010
In recent weeks, SoundExchange has begun to send letters to broadcasters who are streaming their signals on the Internet without paying their SoundExchange royalties.
Using music in advertising or in a video production? Secure the necessary rights - ASCAP, BMI and SESAC licenses are not enough
- Davis Wright Tremaine LLP
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- USA
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- March 5 2010
Using music in commercials is not as simple as just paying your ASCAP, BMI and SESAC royalties.
Constitutionality of Copyright Royalty Board argued before the US Court of Appeals - how will it affect future music royalty rate-setting?
- Davis Wright Tremaine LLP
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- USA
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- February 9 2012
The Copyright Royalty Board makes many important decisions, yet for the last several years, there has been a cloud over its operations, as there have been questions as to whether its members were constitutionally appointed.
ASCAP and BMI - another royalty battle for broadcasters?
- Davis Wright Tremaine LLP
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- USA
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- October 3 2009
While we have written much about the battle over the broadcast performance royalty (or the "performance tax" as broadcasters call it) - whether broadcasters will have to pay artists and record labels for the right to play their music on the air - we have not written much about another looming issue with the royalties that broadcasters must pay to play music on their stations.
Senate Judiciary Committee hearing on radio performance royalty and platform parity for webcaster royalties
- Davis Wright Tremaine LLP
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- USA
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- August 6 2009
On Tuesday, just before the Senate recesses for its summer vacation, an abridged version of the Senate Judiciary Committee held a hearing on the proposed sound recording performance royalty for over-the-air radio.
Final webcasting royalty rates published - a comparison of how much various services pay
- Davis Wright Tremaine LLP
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- USA
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- March 14 2011
Last week, the Copyright Office published in the Federal Register the final decision of the Copyright Royalty Board on the statutory rates for Internet radio royalties - royalties paid by webcasters for the non-interactive streaming of sound recordings.
Full text available of settlement on mechanical royalties, as Copyright Royalty Board seeks comments
- Davis Wright Tremaine LLP
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- USA
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- May 21 2012
Last month, we wrote about the proposed settlement on "mechanical royalties" under Section 115 of the Copyright Act.
Apple iTunes gets the Beatles - why internet radio had them all along
- Davis Wright Tremaine LLP
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- USA
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- November 16 2010
The big news in the music world this week is that Apple finally is able to sell digital downloads of the Beatles catalog in its iTunes music store.
NAB Radio Board adopts proposal for settlement of performance tax issue - where do we go from here?
- Davis Wright Tremaine LLP
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- USA
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- October 25 2010
The NAB Radio Board today voted to adopt a Terms Sheet to offer to the musicFirst Coalition which, if agreed to by musicFirst and adopted by Congress, will settle the contentious issue of whether to impose a sound recording performance royalty (the "performance tax") on over-the-air broadcasters.
Judge orders ASCAP fees for radio to drop - on an interim basis
- Davis Wright Tremaine LLP
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- USA
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- May 19 2010
Last week, a US District Court Judge adopted a new interim rate to be paid by commercial radio broadcasters to ASCAP for the use of ASCAP-licensed music by over-the-air radio stations, reducing the fees paid by the industry by about $40 million dollars, or about 20 of the total that had been paid by the industry under the rate deal that expired at the end of 2009.
Senate Judiciary Committee approves broadcast performance royalty - with issues yet to resolve
- Davis Wright Tremaine LLP
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- USA
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- October 15 2009
The Senate Judiciary Committee today approved the bill to impose a performance royalty (or the "performance tax" as the NAB had called it) on radio broadcasters for the public performance of sound recordings on their over-the-air stations.
Warner Music says no more music for streaming - what does it mean for US webcasters?
- Davis Wright Tremaine LLP
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- USA
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- February 14 2010
According to British press reports, Warner Music's CEO Edger Bronfman Jr. stated that it will cease making its music available to advertising supported streaming music sites.
Second Circuit rules digital music downloads are not public performances under the Copyright Act
- Proskauer Rose LLP
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- USA
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- October 11 2010
The Second Circuit recently held that the download of a digital file containing a musical work is not a "public performance" of the underlying work, and therefore that online music vendors need not obtain or pay for public performance licenses for their distribution of - and their customers' use of - digital music files.
Copyright Royalty Board releases new rates for Sirius XM and cable radio - they are going up, full reasoning of the decision to come
- Wilkinson Barker Knauer LLP
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- USA
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- December 17 2012
The Copyright Royalty Board has announced the royalties that will be paid for the public performance of sound recordings by Sirius XM for the period 2013-2017.
Court of Appeals determines that Launchcast is not an interactive service - thus not needing direct licenses from the record labels
- Davis Wright Tremaine LLP
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- USA
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- August 22 2009
The question of when a digital music service is "interactive" and therefore requires direct negotiations with a copyright holder in order to secure permission to use a sound recording is a difficult one that has been debated since the Digital Millennium Copyright Act was adopted in 1998.
SoundExchange seeks permission to distribute royalties based on proxy information
- Davis Wright Tremaine LLP
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- USA
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- April 25 2011
What should SoundExchange do with money that it collects for the performance of sound recordings, when it does not know what sound recordings were played by a particular service?
Copyright Royalty Board starts proceeding to set royalty rates for background music services - reminder to webcasters to start thinking of the next royalty case
- Davis Wright Tremaine LLP
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- USA
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- January 5 2012
The Copyright Royalty Board has just announced that it is accepting petitions to participate in the next proceeding to set the royalty rates to be paid for the ephemeral copies made by "business establishment services" in connection with any digital transmission of sound recordings.
Broadcast performance royalty - what would it cost? The Congressional Budget Office says a "substantial" amount
- Davis Wright Tremaine LLP
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- USA
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- August 3 2009
One of the fundamental questions that surrounds the proposed broadcast performance royalty for the use of sound recordings over the air (or the "performance tax" as it has been labeled by the NAB) is how much it could it cost a broadcaster.
ASCAP and BMI enter into agreement with RMLC for interim reductions in radio royalties until final fees are set
- Davis Wright Tremaine LLP
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- USA
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- December 28 2009
The Radio Music Licensing Committee ("RMLC") has announced that it has entered into agreements with both ASCAP and BMI for interim royalties to be paid by commercial radio stations until final royalties are set.
Commencement of CRB rate proceeding for music downloads
- Wiley Rein LLP
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- USA
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- January 7 2011
The Copyright Royalty Board (CRB) has announced the commencement of the proceeding to determine the copyright royalties owed to music publishers under the "mechanical license" for music downloads for the term 2013 through 2017.
Details on Sirius XM and SoundExchange settlement on internet radio royalties - an option for some commercial webcasters
- Davis Wright Tremaine LLP
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- USA
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- August 9 2009
The recent settlement on internet radio royalties between Sirius XM Radio and SoundExchange provides yet another option for commercial webcasters trying to determine the royalties to be paid for the public performance of sound recordings.
Copyright Office report recommends federalization of pre-1972 sound recordings - possible implications for music royalties and user-generated content
- Davis Wright Tremaine LLP
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- USA
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- January 2 2012
The Copyright Office last week issued its Report to Congress on pre-1972 sound recordings (with an Executive Summary), addressing whether to bring these recordings under Federal law.
Audio Home Recording Act does not protect device distributor against copyright claims arising from broadcaster role
- Fenwick & West LLP
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- USA
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- March 7 2007
In a case of first impression, and one of the few cases interpreting the statute at issue, a New York district court held that the Audio Home Recording Act, 17 U.S.C. 1001 et seq. (“AHRA”), does not immunize a distributor of digital audio recording devices from copyright liability when the infringement claims are based on the distributor’s allegedly infringing activity in its simultaneous role as a satellite radio broadcaster.
Copyright Office issues letter in support of broadcast performance royalty - suggests that economic comeback for radio makes royalty more affordable
- Davis Wright Tremaine LLP
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- USA
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- June 8 2010
According to a letter from the Copyright Office that has recently been made public, the economic troubles of broadcasters, which have been used to argue against the imposition of a performance royalty for the use of sound recordings by radio stations, are cyclical and are largely over.
Copyright Royalty Board approves settlement for sound recording royalty rates for "new subscription services" - any hints as to what a broadcast performance royalty would be?
- Davis Wright Tremaine LLP
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- USA
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- March 25 2010
The Copyright Royalty Board has announced its approval of new sound recording performance royalties for "new subscription services", i.e. music services provided to the customers of cable or satellite television systems by companies not in this business in 1998 at the time of the adoption of the Digital Millennium Copyright Act.
Radio Music Licensing Committee announces settlement with BMI following settlement with ASCAP - why SESAC is not included
- Davis Wright Tremaine LLP
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- USA
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- May 15 2012
The Radio Music Licensing Committee has announced a settlement with BMI over music royalties for the public performance of musical compositions for the period from 2010-2016.
Proposed Broadcast Performance Royalty back in the news - where is it going?
- Davis Wright Tremaine LLP
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- USA
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- March 9 2010
In one more indication that the Broadcast Performance Royalty (or "performance tax" as opponents of the legislation call it) is not dead yet is an article in yesterday's New York Times reviewing the issues at stake in the proceeding.
Copyright Royalty Board issues webcasting rate decision
- Wiley Rein LLP
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- USA
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- March 12 2007
On March 2, 2007, the Copyright Royalty Board issued an opinion setting royalty rates for non-interactive Internet streaming of sound recordings for 2006-2010.
SoundExchange announces 4 more settlements under Webcaster Settlement Act - Sirius, College and religious non-commercial broadcasters and a group to be named later
- Davis Wright Tremaine LLP
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- USA
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- July 31 2009
SoundExchange has posted on its website this afternoon four press releases announcing new settlements of amounts due for Internet radio music royalties.
The debate over Sirius' attempt to directly license music - SoundExchange once said a marketplace negotiation to adjust for high rates "was to be expected"
- Davis Wright Tremaine LLP
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- USA
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- November 8 2011
There have been many reports about the attempts by Sirius XM Radio to license music directly from record labels, bypassing any royalty rates set by the Copyright Royalty Board.
Copyright Royalty Board sets webcasting rates for 2011-2015
- Wiley Rein LLP
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- USA
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- December 15 2010
On December 14, 2010, the Copyright Royalty Board set rates for the section 114 statutory license for public performance of sound recordings by means of webcasting and the corresponding section 112 statutory license for the creation of ephemeral copies for the period 2011-2015.
Digital music downloads are not public performances
- McDermott Will & Emery
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- USA
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- October 28 2010
The U.S. Court of Appeals for the Second Circuit, affirming a district court, found that a download of a musical work does not constitute a public performance of that work. In that same case, the court vacated the district court’s assessment of license fees.
Audio Home Recording Act does not protect device distributor against copyright claims arising from broadcaster role
- Fenwick & West LLP
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- USA
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- April 2 2007
In a case of first impression, a New York district court held that the Audio Home Recording Act, 17 U.S.C. 1001 et seq. (AHRA), does not immunize a distributor of digital audio recording devices from copyright liability when the infringement claims are based on the distributor’s allegedly infringing activity in its simultaneous role as a satellite radio broadcaster.
ASCAP cuts a deal with the radio industry on new royalties - no details as yet
- Davis Wright Tremaine LLP
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- USA
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- December 5 2011
New ASCAP royalties are on their way to radio broadcasters.
Neighbouring rights in the US and Canada: contracts and copyrights
- Heenan Blaikie LLP
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- Canada, USA
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- June 6 2012
The news that Clear Channel Media and Entertainment and Big Machine Label Group have reached a private agreement whereby the broadcasting undertaking will pay to the record label and its artists a revenue-based royalty for terrestrial radio broadcasts is instructive for a number of reasons.