The Countdown to Modernity: Copyright Royalty Board Posts Notices and Rules for MLC Assessment Proceeding — Artist Rights Watch

Music Technology Policy

The Copyright Royalty Board has beat the July 8 deadline for noticing the proceeding and has posted the notice and the rules for the hearing. via The Countdown to Modernity: Copyright Royalty Board Posts Notices and Rules for MLC Assessment Proceeding — Artist Rights Watch.

Lawsuit Blocks SAG Negotiations

Digital Media Law

A lawsuit to be filed this morning by Screen Actors Guild president Alan Rosenberg against his own union has blocked scheduled negotiations between the Guild and the studio alliance, or AMPTP. The development marks a stunning turn in a SAG negotiating cycle that has moved so far beyond bizarre in the last 12 months that words seem inadequate. Thus, if granted, the order would (among other things) apparently reinstate Allen and the previous negotiating team.

Trending Sources

Actors Commercials Negotiations Deteriorate

Digital Media Law

Though it gets less play than the stalled SAG TV/theatrical talks , SAG and AFTRA have been jointly negotiating for several weeks with the advertising industry over the commercials contract. Now, after industry statements that the negotiations had been going reasonably well, the talks seem to have hit a snag, and the unions may seek a strike authorization vote from their members, reports The Wrap. That report cautions that the leaks may be just a negotiating ploy.

SAG Commercials Negotiations Process Advances

Digital Media Law

Here's a joint statement released today by both unions: On Saturday, February 7, the Joint National Board of Screen Actors Guild and the American Federation of Television and Radio Artists met in videoconference plenary in Los Angeles and New York and approved by an overwhelming majority a package of proposals for the changes to the AFTRA Television and Radio Commercials Contracts and SAG Television Commercials Contract.

SAG Board Re-Do Successful

Digital Media Law

The SAG Board met yesterday and re-affirmed actions already taken in writing two weeks earlier: the ouster of former National Executive Director Doug Allen and the replacement of the negotiating team. Negotiations will probably continue over a period of a few weeks, as a significant number of issues remain. The Board’s vote would appear to render moot a lawsuit filed last week by SAG president Alan Rosenberg.

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DGA to Negotiate on SAG & AFTRA's Heels

Digital Media Law

The Directors Guild announced on its website today that it will begin negotiations with the AMPTP (studio alliance) in mid-November, which is immediately after the scheduled end of 45 days of negotiation between the AMPTP and SAG (Screen Actors Guild) & AFTRA (a smaller performers union). The DGA contract (like those of SAG, AFTRA and the WGA) expires in mid-2011, but the DGA always negotiates early.

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SAG Board Approves Studio Deal

Digital Media Law

Voting on party lines, a sharply divided SAG board approved the tentative deal with the studios yesterday by a vote of about 53% to 47%. The balloting material will be accompanied by both pro and con statements, and the fight over the deal will be a prelude to SAG’s presidential and board elections, which will commence in July and run through September. On a personal note, I had a surreal experience outside yesterday’s board meeting.

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Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

Broadcast Law Blog

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. SoundExchange attacked the benchmarks that were relied on by the CRB to set the rates (the direct licensing deals on royalties arrived at between webcasters Pandora and iHeart Media and various record companies) arguing that these rates were too low as they were negotiated in the “shadow of the statutory license.”

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Copyright Royalty Board Final Decision on Rates for Business Establishment Services

Broadcast Law Blog

In one of those year-end decisions that got lost in the holiday rush, in late November, the Copyright Royalty Board issued its final ruling on the rates to be paid to SoundExchange by “business establishment services” for the ephemeral copies of sound recordings when these music services transmit programming to their customers.

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SAG: Four Hardline Horsemen in the National Board Room

Digital Media Law

Yet, strangely enough, the leaders of the losing hardline faction will all find seats on the national board, and will continue to be a shadow government within the union’s Hollywood board—a board on which, in contrast, none of the key moderate leaders will be voting members. The moderates seemingly have 27 seats on the Hollywood board out of 55 (because 27 = 6 seats pre-election plus 21 additional seats won in the election).

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SAG-AMPTP Negotiations Still on Despite Lawyers’ Threat

Digital Media Law

An AMPTP (studio alliance) spokesman confirmed to me today that negotiations between the studios and SAG are still on for next Tuesday and Wednesday, as previously announced , despite a threat from SAG President Alan Rosenberg’s lawyers that any deal reached would be null, void and not binding on SAG members. To date, the suit has gotten no traction, with a judge denying the plaintiffs’ request for an injunction that would have prevented the negotiations.

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Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

Broadcast Law Blog

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. SoundExchange attacked the benchmarks that were relied on by the CRB to set the rates (the direct licensing deals on royalties arrived at between webcasters Pandora and iHeart Media and various record companies) arguing that these rates were too low as they were negotiated in the “shadow of the statutory license.”

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SAG: What Might Happen at Next Week's Board Meeting

Digital Media Law

The SAG National Board is meeting next Monday and Tuesday, Jan. 12-13, and speculation is rampant over whether SAG will send out the postponed strike authorization ballot (as well as whether the negotiating team will be replaced). The moderates and independents in the board room may have a hard time opposing this gambit. That said, I’m not placing any bets, because there are many possible outcomes of the board meeting. Who will the negotiators be?

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Copyright Royalty Board Reissues Decision on Internet Radio Royalties for 2011-2015 – Same Rates But New Analysis

Broadcast Law Blog

Last week, the Copyright Royalty Board published in the Federal Register its decision on Internet radio royalties for 2011-2015. At one point in summarizing the rates that had been proposed by the parties that had originally participated in the case, the Board noted that all had proposed per song per listener rates, surmising that no percentage of revenue rate was offered based on the perception that the Board had not in the past been open to such a royalty plan.

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SAG Board Meeting Grinds On Into the Night

Digital Media Law

The SAG National Board meeting, which began about 9:00 a.m. As I left, food arrived, suggesting more long hours for the sleep-deprived board, including the jet-lagged New Yorkers and regional (RBD) members. Meanwhile, inside the James Cagney Room, the oversize SAG board – 71 people if all members attended or were represented by alternates – were holding an undoubtedly contentious meeting, accompanied by an unknown number of staff members.

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Spotify Board Member Google Gets Nailed by Stockholders for Another $250,000,000

Music Technology Policy

Google has entered into a proposed settlement agreement with a group of Google shareholders that sued Google’s top executives and board members for breach of fiduciary duty, abuse of control, corporate waste and unjust enrichment.

An Interview with Andrew Shaw of PRS for Music on Negotiating with Google, a guest post by Jonathan David Neal

Music Technology Policy

Although this interview is from 2009, it gives you some insight into Google’s over the top negotiation tactics and how they use the withholding of content as a negotiation tactic in the press–enforcing your property rights is “censorship” don’t you know. That contract ended at the end of December 2008, at which time Google and PRS entered negotiations to renew the contract.

Looking at the Decision of the Copyright Royalty Board on Internet Radio Royalties for Commercial Webcasters – What are the Issues that the Judges Considered?

Broadcast Law Blog

The text of the Copyright Royalty Board decision on Internet Radio Royalties for 2026-2020 was released last Friday. Thus, the Board determined that the rate for nonsubscription, noninteractive services should be $.0017 Prior to making its decision, the Board had asked for legal guidance from the Copyright Office, asking for a legal opinion as to whether the setting a bifurcated rate was legally permissible under the provisions of the Copyright Act.

Pandora and Amazon Negotiating Agreements with Record Labels – Why They Don’t Just Rely on the CRB Rates?

Broadcast Law Blog

The press has been full of reports over the last few weeks about Pandora and Amazon negotiating deals with record labels over music royalties , and some observers have expressed confusion – why don’t these services just rely on the rates set by the Copyright Royalty Board at the end of last year?

SAG Board Approves Contract

Thompson On Hollywood

The Screen Actors Guild national board narrowly approved a tentative new two-year feature-primetime contract with the AMPTP Sunday. The board passed the below motion shortly after 4:00 p.m. On behalf of the National Board, I thank them for their time, commitment and expertise.”

Court of Appeals Upholds Copyright Royalty Board Decision on Sirius XM and Music Choice Royalties

Broadcast Law Blog

A decision by the US Court of Appeals on the appeal of the Copyright Royalty Board decision as to the Sirius XM and Music Choice royalties for the public performance of sound recordings is one of the many year-end decisions important to broadcasters and digital media companies that seems to be flooding out from Courts and agencies in DC and elsewhere. In this case, the Music Choice royalty for PSS services went from a previously negotiated 7.5%

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Copyright Royalty Board Calls for Petitions to Participate in Proceeding to Set Webcasting Royalties for 2016-2020 – Posing Many Questions for Potential Participants

Broadcast Law Blog

The Copyright Royalty Board today published in the Federal Register its notice announcing the commencement of the next proceeding to set webcasting royalty rates for 2016-2020. In addition, the Board asks if there should be different rates for different types of webcasters – are some more efficient than others? See our summary of the differing royalty rates currently paid by webcasters pursuant to these negotiated deals, here. .

An Interview with Andrew Shaw of PRS for Music on Negotiating with Google, a guest post by Jonathan David Neal

Music Technology Policy

Although this interview is from 2009, it gives you some insight into Google''s over the top negotiation tactics and how they use the withholding of content as a negotiation tactic in the press (that Chris discussed in his commentary to Larry Crane''s complaint about YouTube "apologizing" for taking his work). That contract ended at the end of December 2008, at which time Google and PRS entered negotiations to renew the contract.

An Interview with Andrew Shaw of PRS for Music on Negotiating with Google, a guest post by Jonathan David Neal

Music Technology Policy

Although this interview is from 2009, it gives you some insight into Google’s over the top negotiation tactics and how they use the withholding of content as a negotiation tactic in the press (that Chris discussed in his commentary to Larry Crane’s complaint about YouTube “apologizing” for taking his work). That contract ended at the end of December 2008, at which time Google and PRS entered negotiations to renew the contract.

An Interview with Andrew Shaw of PRS for Music on Negotiating with Google, a guest post by Jonathan David Neal

Music Technology Policy

[Editor Charlie sez: In honor of the new PRS-YouTube license in the UK, we’re reposting this harrowing first hand account of the first YouTube/PRS negotiation. Although this interview is from 2009, it gives you some insight into Google’s over the top negotiation tactics and how they use the withholding of content as a negotiation tactic in the press–enforcing your property rights is “censorship” don’t you know.

Full Text of Copyright Royalty Board Decision on Sirius XM and Music Choice Royalties Released - The Basics of the Decision

Broadcast Law Blog

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 2017 has now been released. The decision, as released was actually two decisions – one signed by the new Chief Judge and an acting judge who filled in for Judge Wisniewski, the Board's economic expert, when he had to retire for health reasons. On that basis, the Board came up with the rates that they adopted.

An Interview with Andrew Shaw of PRS for Music on Negotiating with Google, a guest post by Jonathan David Neal

Music Technology Policy

Although this interview is from 2009, it gives you some insight into Google's over the top negotiation tactics and how they use the withholding of content as a negotiation tactic in the press (that Chris discussed in his commentary to Larry Crane's complaint about YouTube "apologizing" for taking his work). That contract ended at the end of December 2008, at which time Google and PRS entered negotiations to renew the contract.

Webcasting Rate Proposals for 2016-2020 Now Public – What Will The Copyright Royalty Board Be Considering in Setting Royalty Rates for Internet Radio?

Broadcast Law Blog

The proposals for the royalty rates to be paid by webcasters to SoundExchange for the public performance of sound recordings for 2016-2020 are now on file with the Copyright Royalty Board, and they represent two differing perspectives on the state of the industry and how much Internet radio companies can and should pay to record companies and recording artists.

Copyright Royalty Board Reaches Determination on Royalty Rates for Webcasting for 2011-2015 - For Internet Radio Operators Not Covered by Webcaster Settlement Act Agreements

Broadcast Law Blog

The Copyright Royalty Board today released its Determination of Rates for noninteractive webcasting services for the period from 2011-2015. The Board set the following per performance royalty rates as the default rates for webcasters who are not terrestrial broadcasters: 2011 - $.0019 The Board also set default rates for broadcasters who are streaming, but who had not opted into the NAB SoundExchange settlement agreement entered into in 2009.

Copyright Royalty Board Oral Argument on Sirius XM SoundExchange Royalties - A View of the Application of the 801(b) Standard Proposed for Internet Radio

Broadcast Law Blog

The royalties that Sirius XM will pay to SoundExchange for the next 5 years will be decided by the Copyright Royalty Board ("CRB") in December. The oral argument made clear that the adoption of the 801(b) standard is not in and of itself a panacea for the concerns about the royalties that have been set by the Copyright Royalty Board.

SAG’s Thaw

DealFatigue

Variety ‘s Dave McNary reported that the Screen Actors Guild’s national board just approved a tentative two year deal on its film-TV contract, triggering a ratification vote by the guild’s members on June 1st.

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SAG’s Thaw

DealFatigue

Variety ‘s Dave McNary reported that the Screen Actors Guild’s national board just approved a tentative two year deal on its film-TV contract, triggering a ratification vote by the guild’s members on June 1st.

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SAG’s Thaw

DealFatigue

Variety ’s Dave McNary reported that the Screen Actors Guild’s national board just approved a tentative two year deal on its film-TV contract, triggering a ratification vote by the guild’s members on June 1st.

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Chaffetz Bill Introduced in House of Representatives to Adopt 801(b) Standard for Internet Radio Royalty Decisions of Copyright Royalty Board - What's It All About?

Broadcast Law Blog

The recent introduction of a bill by Congressman Jason Chaffetz offers proposals for reform of the operations of the Copyright Royalty Board – reforms that many in the Internet Radio industry have hailed as promising real change in the way that royalty decisions for webcasters have been made. 801(b) standard Intellectual Property Internet Radio Music Rights chaffetz bill on internet radio royalties copyright royalty board standards for setting music royalties webcasting royalties

Power Transition, Lawfare and the Spotify/Google Interlocking Directorate

Music Technology Policy

These interlocking boards or corporate relationships may work well when there is something in it for the allied less dominant competitors that helps each of them in ways that do not harm each of them. The Return of the Interlocking Board.

Proposed Broadcast Performance Royalty Back in the News - Where is It Going?

Broadcast Law Blog

What was perhaps most interesting about that article was the fact that it appeared only one page away from an article about Internet Radio service Pandora , and a discussion of how that hugely popular service was almost driven out of business by music royalties set by the Copyright Royalty Board in their 2007 royalty decision. As the current broadcaster negotiations with ASCAP and BMI may well be headed toward a trial, this may be a difficult negotiation.

Government Shutdown Delays Start of Webcasting Royalty Proceeding

Broadcast Law Blog

In our summary of January regulatory issues for broadcasters , we suggested that the Copyright Royalty Board this month might start WEB V , the next proceeding to determine the rates that Internet radio stations and other webcasters pay to SoundExchange for the noninteractive public performance of sound recordings. Will they participate in the upcoming case, or have they negotiated direct deals that cover their more traditional webcasting services along with their interactive services?

The Debate Over Sirius' Attempt to Directly License Music - SoundExchange Once Said A Marketplace Negotiation to Adjust for High Rates "Was to Be Expected"

Broadcast Law Blog

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. Sirius, like webcasters, pays royalties set by the CRB (if they cannot be negotiated among the parties) that cover the public performance of all legally released sound recordings. But what is really wrong with the efforts of services to negotiate lower royalties?

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No Cost of Living Change in Webcasting Royalties for 2019 – Rate Proceeding for 2021-2026 about to Begin

Broadcast Law Blog

Last week, the Copyright Royalty Board announced its calculations for whether there would be a cost of living increase in the 2019 rates that Internet radio stations pay to SoundExchange for the public performance of sound recordings. Broadcast Performance Royalty Intellectual Property Internet Radio Music Rights Noncommercial Broadcasting copyright royalty board soundexchange royalties webcasting royalties

Copyright Royalty Board Set to Begin 3 New Royalty Proceedings – Mechanical Royalty, Sirius XM Satellite Royalty, and Noncommercial Broadcasting Over-the-Air Royalties

Broadcast Law Blog

In tomorrow’s Federal Register, the Copyright Royalty Board will announce the commencement of three new proceedings to set music royalties for the 2018-2022 five-year period – each involving a different music right. After the filing, there is period for the negotiation of settlements, with the filing of written direct case exhibits setting out each party’s case due later this year if no settlement is reached.

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NAB Board Comes to DC to Discuss Radio Performance Royalties - Is There a Deal in the Works?

Broadcast Law Blog

The debate over the proposed performance royalty (or " performance tax ") on over-the-air radio is once again front page news in all of the broadcast trade press, as radio executives who make up the NAB Radio Board reportedly are making their way to Washington, DC to decide on whether to pursue a settlement with those seeking to impose the royalty. There are many questions that will no doubt be debated tomorrow at the NAB Board meeting.

Copyright Royalty Board Announces Settlement between Sirius and SoundExchange for New Subscription Services Packaged with Cable and Satellite Video – How Different Royalty Standards Result in Different Royalty Rates

Broadcast Law Blog

Last week, the Copyright Royalty Board asked for comments on a proposed settlement agreement between Sirius XM and SoundExchange , and some articles about that announcement have not been entirely clear about what the deal covers. While we can’t know without being in the negotiations, it is certainly worth considering.

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NAB Board Comes to DC to Discuss Radio Performance Royalties - Is There a Deal in the Works?

Broadcast Law Blog

The debate over the proposed performance royalty (or " performance tax ") on over-the-air radio is once again front page news in all of the broadcast trade press, as radio executives who make up the NAB Radio Board reportedly are making their way to Washington, DC to decide on whether to pursue a settlement with those seeking to impose the royalty. There are many questions that will no doubt be debated tomorrow at the NAB Board meeting.