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. The most interesting insight may be that the new Judges seem very interested in the potential for percentage of revenue royalty rates. When we wrote about the CRB’s call for Petitions to Participate in the new proceeding for 2016-2020 rates , we noted that the Judges had specifically suggested that the parties consider a percentage of revenue royalty.

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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. of revenue to 13.5% of the entire revenue of the business – presumably just a way of getting a performance royalty by a different name.

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Trending Sources

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. First, the Judges ask if the CRB would be justified in adopting a percentage of revenue royalty , rather than the per song, per listener royalty metric that has been used in the three prior proceedings.

Copyright Royalty Board Webcasting Royalty Decision Published in the Federal Register – Appeals Due in 30 Days

Broadcast Law Blog

The Copyright Royalty Board Decision on the royalty rates to be paid for the public performance of sound recordings by Internet radio companies – webcasting royalties – was published in the Federal Register today. Intellectual Property Internet Radio Music Rights copyright royalty board appeal small webcaster sound recording performance royalty webcasting royalties

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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.

Court Upholds Copyright Royalty Board Decision on Satellite Radio Royalties, But Questions Board's Constitutionality

Broadcast Law Blog

The US Court of Appeals for the District of Columbia Circuit today issued a decision basically upholding the royalty rates set by the Copyright Royalty Board due under Section 114 of the Copyright Act by satellite radio operators for the public performance of sound recordings. The Court decision rejected SoundExchange's challenges to the decision of the Board to apply the 801(b) factor which instructed it to take into account the impact of the royalty on the stability of the industry.

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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. of gross revenues through 2017.

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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 Starts Proceeding to Set Royalty Rates for Background Music Services - Reminder to Webcasters To Start Thinking of the Next Royalty Case

Broadcast Law Blog

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. In the last proceeding , settled in 2008, SoundExchange and participating services reached an agreement to pay a fee of the greater of $10,000 or 10% of revenues.

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 Releases New Rates for Sirius XM and Cable Radio - They are Going Up, Full Reasoning of the Decision to Come

Broadcast Law Blog

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. However, the Board did announce the rates as follows: Section 112 Rates: The Judges adopted the Parties' Stipulation regarding the rates and terms for the Section 112 rates, which will require a minimum fee advance payment of $100,000 per year, with royalties accruing during the year recoupable against the advance.

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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. recorded music revenue in 2014. The Return of the Interlocking Board.

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. Sirius argued that the rates should be decreased, while SoundExchange contended that the rates should go up significantly from the 8% of revenue that the service now pays (see our summary of the current Sirius XM rates here ).

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. · Not disfavoring a percentage of revenue royalty, as opposed to the per song, per listener royalties now in effect for most royalties.

Starz Sued by Former Employee For Illegal Business Dealings and Firing

THR, Esq. Entertainment & Media Law Blog

Keno Thomas, a former sales and marketing SVP, says the network wanted him to falsify revenue and subscriber numbers for the board. read more. THR, Esq. The Business Television Business THR Online Chris Albrecht Comcast DirecTV Starz Media

Petitions to Participate in Copyright Royalty Board Proceeding to Establish Royalty Rates for Business Establishment Services Due by February 2, 2017

Broadcast Law Blog

Early this month, the Copyright Royalty Board announced that it will be starting a new proceeding to set the royalty rates to be paid by “ business establishment services ” for the rights to make ephemeral copies of sound recordings. In the past, these CRB cases have usually settled, establishing a percentage of revenue royalty with a fairly large upfront minimum fee (see our article here on the last settlement setting the rates at 12.5% of revenue with a minimum fee of $10,000).

One More Federal Notice to be Posted on Your Employee Bulletin Board - NLRB's New Requirement

Broadcast Law Blog

Broadcasters, along with virtually every other business, are supposed to have a bulletin board someplace in their place of business, accessible to employees, where all sorts of notices, many required by Federal law, are posted. I'm told that included virtually every company is covered by this requirement but for those with less than $100,000 in revenue or public-sector employers.

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The MTP Interview: Blake Morgan and David Lowery on the CRB Rates

Music Technology Policy

While I’m happy the Copyright Royalty Board raised Pandora’s non-subscription royalty rate by 21%, I can’t celebrate fully. billion in revenue, zero debt, government mandated below market vendors, SG&A over 40% that’s going on an acquisition binge for unrelated businesses with no regard for integration costs—that also can’t manage to “turn a profit”. MTP had a chance to catch up to Blake Morgan and David Lowery for an interview about the CRB rates announced yesterday.

NAB Radio Board Adopts Proposal for Settlement of Performance Tax Issue - Where Do We Go From Here?

Broadcast Law Blog

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. The Term Sheet sets out a number of points, including the following: A 1% of gross revenue sound recording royalty to be paid to SoundExchange. How is gross revenue defined?

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. The rates agreed to by SoundExchange and Sirius XM in this agreement are all based on a per subscriber fee, while the rates set for Music Choice were based on a percentage of revenue, so that makes the direct comparison somewhat difficult.

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The MTP Interview: David Lowery on the CRB Webcasting Rates

Music Technology Policy

billion in revenue, zero debt, government mandated below market vendors, SG&A over 40% that’s going on an acquisition binge for unrelated businesses with no regard for integration costs—that also can’t manage to “turn a profit”. I can’t wait for the New York Times to report that GROCERY STORES PAY A SIGNIFICANT AMOUNT OF THEIR GROSS REVENUES FOR GROCERIES! Uncategorized Clear Channel Copyright Royalty Board David Lowery iHeart MIC Coalition Pandora Web IV

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.

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 Approves Settlement for Sound Recording Royalty Rates for "New Subscription Services" - Any Hints As to What A Broadcast Performance Royalty Would Be?

Broadcast Law Blog

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. Whether the royalty is 15% or 25% of gross revenues, it would clearly be a matter of great concern to music broadcasters.

CRB Announces Webcasting Royalty Rates for 2016-2020 – Lower Rates for Broadcasters Who Stream, Minimal Change for Pureplay Webcasters

Broadcast Law Blog

The Copyright Royalty Board yesterday announced on its website the royalty rates that webcasters will pay to SoundExchange for the use of sound recordings in their digital transmissions over the Internet and to mobile devices in the period from 2016-2020. There is also no provision for a percentage of revenue. That percentage of revenue overhang has been eliminated.

Copyright Royalty Board Asks for Further Comments on Costs of Census Recordkeeping for Internet Radio Services

Broadcast Law Blog

In January, the Copyright Royalty Board asked for comments as to whether it should require " census reporting " of all sound recordings that are used by a digital service subject to the statutory royalty. Revenue? This would replace the current requirement that services need only report on the sound recordings used for two weeks every calender quarter.

Copyright Royalty Board Asks for Further Comments on Costs of Census Recordkeeping for Internet Radio Services

Broadcast Law Blog

In January, the Copyright Royalty Board asked for comments as to whether it should require " census reporting " of all sound recordings that are used by a digital service subject to the statutory royalty. Revenue? This would replace the current requirement that services need only report on the sound recordings used for two weeks every calender quarter.

Guest Post by @poedavid: “Dance Like Nobody’s Paying?” Spotify isn’t

Music Technology Policy

Their commonality: free music, which has made them rich from ad revenue and data scraping, but mostly from their stock price increasing at the expense of musicmakers. . Clearly, streaming has all but replaced CDs and downloads, but without replacing revenue from songs to musicmakers. .

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Major Merger Makes E-Discovery Provider An $800M Public Company

Media Law

Dan Akerson, former CEO of General Motors, will serve as chairman of Pivotal’s board of directors. Pivotal chairman and CEO Jonathan Ledecky will remain on the board as vice chairman.

Webcasting Royalty Decision Developments – Revised Rates and Terms from the CRB, Issues about Performance Complement and Small Webcasters

Broadcast Law Blog

The actions and reactions in response to the Copyright Royalty Board’s decision from two weeks ago continue to roll in as the ramifications of the decision sink in. As we wrote in our description of the CRB decision, as no small webcasters participated in the CRB proceeding, there was no one to argue for a percentage of revenue royalty that had governed the royalties paid by many small webcasters and “hobbyists.”

It’s the 50th Anniversary of the Beatles Arrival in the US – Why Are Their Songs Still Missing on Some On-Demand Music Services?

Broadcast Law Blog

By contrast, the non-interactive services operate under a statutory license , where a digital music service pays a royalty set by the Copyright Royalty Board (or a negotiated rate agreed to in lieu of litigation before the CRB see our article here about the various rates that are currently available to webcasters, and our article here about the start of a new proceeding to determine what those rates will be from 2016-2020 ).

Two Court of Appeals Arguments on Sound Recording Music Royalty Rates - And the Real Question is Whether the Copyright Royalty Board is Constitutional

Broadcast Law Blog

In the last 5 days, the US Court of Appeals in Washington, DC has held two oral arguments on appeals from decisions of the Copyright Royalty Board - one from the Board's decision on Internet Radio Royalties and the other on the royalties applicable to satellite radio. In contrast, at the second argument, SoundExchange was the appellant, arguing that the Board's decision set royalties for satellite radio that were too low.

Two Court of Appeals Arguments on Sound Recording Music Royalty Rates - And the Real Question is Whether the Copyright Royalty Board is Constitutional

Broadcast Law Blog

In the last 5 days, the US Court of Appeals in Washington, DC has held two oral arguments on appeals from decisions of the Copyright Royalty Board - one from the Board's decision on Internet Radio Royalties and the other on the royalties applicable to satellite radio. In contrast, at the second argument, SoundExchange was the appellant, arguing that the Board's decision set royalties for satellite radio that were too low.

Final Webcasting Royalty Rates Published - A Comparison of How Much Various Services Pay

Broadcast Law Blog

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 noninteractive streaming of sound recordings. million in annual revenue, they can pick a percentage of revenue royalty of 10-12% of gross revenues for services with less than 5 million aggregate tuning hours per month, or 12-14% for those with more monthly hours.

SoundExchange Sending Reminders to Broadcasters Who Are Not Paying Royalties for Streaming Music Sound Recordings

Broadcast Law Blog

While these royalties have been law since 1998, and have been set by decisions first by a CARP ( Copyright Arbitration Royalty Panel ) in 2003, and then by the Copyright Royalty Board in 2007, it seems like some companies still have not gotten the message about the obligations to pay these fees. million in annual gross revenues, allowing payments based on a percentage of revenue.

SoundExchange Seeks Permission to Distribute Royalties Based on Proxy Information

Broadcast Law Blog

However, SoundExchange, according to a filing recently made with the Copyright Royalty Board , does not always know which songs were played by a particular music service. To deal with this problem, SoundExchange has asked that the Copyright Royalty Board authorize it to use proxy information to distribute these funds from 2004-2009. In some cases, the cost of reporting would be greater than the royalties collected or certainly the revenue produced by the streaming.

SAG Moves towards Joint Bargaining with AFTRA

Digital Media Law

The SAG National Board yesterday passed a resolution, by a surprising 82% to 18% vote, directing the guild’s president and National Executive Director to “seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract,” as quoted in a SAG press release. The resolution also directs the President, Ken Howard, and National Executive Director, David White, to “bring a recommendation to the National Board at the earliest opportunity.”

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.

SoundExchange Scores 41% increase in SiriusXM artist royalties — The Trichordist

Music Technology Policy

Billboard reports today the government’s decision on the performance royalties SiriusXM pays to artists (effective January 1, 2018): The Copyright Royalty Board [“CRB”] has determined that Satellite Audio Radio Services, i.e. SiriusXM will pay 15.5 SoundExchange press release says : The CRB increased the rates for Sirius XM by more than 40%, from 11% of revenue to 15.5% of revenue, effective January 1, 2018. of revenue.

Pureplay Webcasters and SoundExchange Enter Into Deal Under Webcaster Settlement Act to Offer Internet Radio Royalty Rate Alternative for 2006-2015

Broadcast Law Blog

A settlement under the Webcaster Settlement Act of 2009 was signed today by SoundExchange and a group of webcasters that I represented in the Copyright Royalty Board proceeding to determine the royalty rates for the use of sound recordings by Internet Radio stations for the period from 2006-2010. This agreement is for “ pureplay” webcasters , i.e. those that are willing to include their entire gross revenue in a percentage of revenue calculation to determine their royalties.

Music Royalty Settlement Announced on Mechanical Royalties - Not A Decision on Webcasting Rates

Broadcast Law Blog

In fact, the reason that the settlement had nothing to do with webcasting was because it was a settlement of a Copyright Royalty Board proceeding involving a totally different right - essentially the right to reproduce a the musical work, i.e. the words and music to a song - not any public performance right that is involved in Internet radio streaming. In exchange for this right, digital music services pay a fee set by the Copyright Royalty Board.

Internet Radio Royalty Reminders - April 30 is the Last Date to Elect Small Webcaster Agreement and for Broadcasters to Pay Past Fees, and Don't Forget the Recordkeeping Obligations

Broadcast Law Blog

These rates act as a substitute for the rates set by the 2007 Copyright Royalty Board decision setting Internet radio royalties for the use of sound recordings in the period from 2006-2010. Tags: 'Copyright Board" Internet Radio Internet radio royalties NAB SoundExchange settlement Royalty SoundExchange Webcasters Settlement Act census reporting small webcaster sound recording royalty webcasting recordkeeping webcasting royalties

Pureplay Webcasters Settlement Agreement Published In Federal Register - 30 Days for Webcasters to Make a Choice

Broadcast Law Blog

While this deal offers better per performance rates to large webcasters than offered by the rates established by the Copyright Royalty Board, and higher permissible listening levels to Small Commercial Pureplay webcasters than allowed under the Microcaster deal, this option still is not for everyone. For larger webcasters, there is a minimum fee of 25% of total revenue, so companies with multiple lines of business will not want to opt into the deal.