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.

SAG Board Rejects AMPTP’s final offer

Gordon P. Firemark

The Entertainment trades are reporting that the SAG Board today voted to reject the “final&# offer made by the Alliance of Motion Picture and Television Producers, setting the stage for more turmoil and the possibility of an Actor’s strike.

Trending Sources

Pure Evil - Jeff Sessions as Attorney General: An Insult to Justice - By The Editorial Board, New York Times

Communications And Entertainment Law Blog

By The Editorial Board, www.nytimes.com November 19th, 2016 "In 1986, President Ronald Reagan nominated Jeff Sessions, then a United States attorney from Alabama, to be a federal judge. Based on his record, we can form a fairly clear picture of what his Justice Department would look like: For starters, forget about aggressive protection of civil rights, and of voting rights in particular. Mr. Sessions has called the Voting Rights Act of 1965 a “piece of intrusive legislation.”

SAG National Board Candidates Announced

Digital Media Law

SAG yesterday released the official list of candidates for its upcoming national board elections. Notably, all of the open seats in LA (the Hollywood Division) are held by MembershipFirst members, which means that, as was the case last year, MF can at best maintain its level of representation on the national board. More likely, it will lose some of its board seats. On the Hollywood divisional board, MF could gain or lose, as all division seats are up every year.

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. The Board’s vote would appear to render moot a lawsuit filed last week by SAG president Alan Rosenberg. The vote in favor yesterday was 59%, which was up from 53% when the written assent document was used two weeks earlier.

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).

WGA Candidates for President and Board Announced

Digital Media Law

Current WGA West president Patric Verrone is running for one of the open board seats, but not for president (I believe there are term limits). There are 16 candidates nominated to run for eight open seats on the WGAW’s Board of Directors, as follows: Luvh Rakhe, Linda Burstyn, Mick Betancourt, Jan Oxenberg, Howard A. Members seeking nomination for the Board of Directors must obtain 25 member signatures in support of their petitions.

The New York Times Editorial Board - Interactive Feature - NYTimes.com

Communications And Entertainment Law Blog

That’s a problem, because even though Bernie Sanders voted for the crime bill (it contained certain provisions he supported), some of his supporters view the bill as the type of compromise that they reject. The New York Times Editorial Board - Interactive Feature - NYTimes.com

You Furnish The Emotion and I’ll Furnish the Votes

Music Technology Policy

Had the study been conducted purely in an academic environment, it would have to have been approved as human subject research by the Cornell Institutional Review Board. “You furnish the pictures and I’ll furnish the war.”

Three Membership First Candidates Elected to AFTRA Boards

Digital Media Law

Many candidates were reelected, but new winners include two Membership First leaders—SAG 1 st VP Anne-Marie Johnson (AFTRA national board) and former SAG Hollywood Board member David Jolliffe (AFTRA Los Angeles local board)—as well as Membership First member Alan Ruck (AFTRA national board). I believe they join several MF stalwarts already on one or the other AFTRA boards. Johnson and Jolliffe bring a particularly interesting dynamic to the AFTRA boards.

SAG 2

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.

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

Digital Media Law

The SAG National Board is meeting next Monday and Tuesday, Jan. But what if, rather than send out the authorization ballot, SAG leaders decide instead to send out the deal itself for a vote? Here’s why it might happen: support for the strike authorization vote is eroding. If so, the deal might be accompanied by a recommendation that the membership vote No, or there might not be any recommendation included at all. The strike authorization vote gets sent out.

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.”

North Carolina woman voted illegally for Trump but won't be charged for 'compassionate' reasons. Even though Donald Trump claims that voter fraud helped Hillary Clinton, it turns out that it actually helped him.

Communications And Entertainment Law Blog

The fact that he lost the popular vote continues to drive him absolutely nuts and, though he’s already been in the White House for almost 100 days, he continues to talk about how millions of people cast illegal votes.

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.

#howgoogleworks: Google Shareholders Decimated by Rigged Insider Voting at Google Shareholder Meeting

Music Technology Policy

Shareholder voting power is usually demonstrated by voting for a slate of candidates for board of directors and voting for shareholder resolutions–both on the assumption that the shareholders have a hope of succeeding. The Incomparable Paul Robeson as Emperor Jones.

AFTRA Moves Closer to Merger With SAG

Digital Media Law

For the first time, the union’s national board votes on the current merger attempt, passing a key resolution “overwhelmingly”; the measure includes a statement that AFTRA leadership is “encouraged by the renewed interest expressed by SAG’s current leadership.”.

Assessing Control of the Noncommercial Broadcaster - FCC Looks to Board of Directors

Broadcast Law Blog

How do you determine who is control of a noncommercial broadcaster governed by a self-perpetuating Board of Directors? A competing applicant searched state records, and determined that its articles of incorporation reflected that the applicant was to be governed by a Board of Directors, and required at least three directors. Under that policy, the FCC assumes that nonprofit boards will have periodic changes in composition.

FCC 0

#irespectmusic Invades the Boardroom: @sivers Calls Out How Pandora Hides Its War on Songwriters from Shareholders

Music Technology Policy

A common criticism of both public and private companies that waste the stockholder’s money is “where was the board?” According to Pandora’s Form 8K recording the votes taken at the stockholders meeting, there were only two resolutions submitted for a vote.

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.

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 MMF’s Google Problem

Music Technology Policy

The distinction between Google and Spotify is more blurred after Spotify let Google onto their board of directors last year. It’s certainly something deserving of a vote by artists.

It’s Their Web: Google’s land grab with the new gTLDs for.music,film,movie,book

Music Technology Policy

One of the seemingly obvious conflicts of interest involves Peter Dengate Thrush, a former Chair of the ICANN Board of Directors. The key example is former ICANN Chairman of the Board Peter Dengate Thrush.

Oscar Rule Change Follow-ups

Thompson On Hollywood

At an Academy screening of Cheri last weekend (more on that anon), some members wanted to be consulted, while others feel that the Board of Governors did its job. One member who sees everything and votes with the foreign branch doesn't care at all.

‘Plan C’ on Obamacare, Repeal Now, Replace Later, Has Collapsed - The New York Times

Communications And Entertainment Law Blog

"WASHINGTON — With their bill to repeal and replace the Affordable Care Act in tatters, Senate leaders on Tuesday pushed to vote on a different measure that would repeal major parts of President Barack Obama’s health law without a replacement — but that plan appeared also to collapse. I cannot vote to repeal Obamacare without a replacement plan that addresses my concerns and the needs of West Virginians.”

FCC Clarifies Public File Obligations for Identifying Issues and Sponsors for Political Ads – Admonishes Numerous TV Stations for Violations

Broadcast Law Blog

On sponsorship identification, the FCC focused on third-party ads, requiring that broadcasters make an inquiry as to the complete set of executive officers or the complete board of directors of any sponsor. The order made clear that the statute and rules require that licensees must disclose all of the chief executive officers or members of the executive committee or board of directors of any person seeking to purchase broadcast time.

Uber silent on CEO’s future as it adopts Holder proposals | Technology | The Guardian

Communications And Entertainment Law Blog

"Uber’s board of directors has adopted a series of recommendations about the company’s corporate culture from the former US attorney general Eric Holder, but it was silent late on Sunday on whether it would approve a leave of absence for the taxi-hailing app service’s embattled chief executive.

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.

Trump’s Fraudulent Voter-Fraud Commission - The New York Times

Communications And Entertainment Law Blog

"President Trump’s repeated claim that “millions” of noncitizens voted illegally in the 2016 election has always been transparently self-serving — a desperate attempt to soothe his damaged ego and explain how he could have lost the popular vote to Hillary Clinton by almost three million votes.

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.”

SAG Moderates File Document to Fire National Executive Director

Digital Media Law

As expected, the moderates on the SAG National Board today delivered a document to SAG headquarters that ousts Doug Allen as National Executive Director and dissolves the negotiating committee. The document, called a written assent, is signed by a majority of SAG’s national board (including Unite for Strength board members and most or all others who are not part of Membership First), as provided for in SAG’s constitution.

SAG and the Studios: Post-Prandial Posturing

Digital Media Law

If the union achieves a yes vote of 75% (or more) of those voting, it will have the strike authorization it seeks, and the national board is likely to then vote to go on strike. They (like the hardline Membership First) voted for the October board resolution that brought us to this juncture. And even the NY and regional board members voted for the October resolution: all but 2 of the 71-member national board did so.

Inside the SAG Boardroom

Digital Media Law

Sources from inside SAG’s marathon board meeting blasted Screen Actors Guild President Alan Rosenberg as a “corrupt and dirty chair,” asserting that he and his Membership First allies repeatedly abused parliamentary rules throughout the “surreal” 28-hour national board meeting earlier this week in order to suppress the SAG board’s moderate majority. As a result of the alleged abuse, the board meeting ended Tuesday afternoon with no substantive action taken on any agenda item.

SAG - Hardliners Successful

Digital Media Law

As of earlier this afternoon, a source inside the room tells me Membership First beat back the majority (composed of moderates) on the SAG Board and prevented passage of a resolution that would have removed Doug Allen as Chief Negotiator and dissolved the Negotiating Committee and rescinded the Strike Authorization Vote. No substantive actions were taken by the Guild’s national board, which met at SAG’s national headquarters January 12 and 13 for almost 30 hours straight.

SAG Moderates Win Presidency, Secr. + Additional 4 Natl Seats

Digital Media Law

On the national board, the moderates showed strength as well: They picked up 4 of 11 seats in Hollywood and held all of the NY and regional (RBD) seats. I estimate that this brings the moderate's board majority to around 60%, vs. 40% for MF, but that's a very rough calculation and I'm not sure at this point. On the Hollywood board, the results were more dramatic: 21 of 33 Hollywood board seats went to the moderates.

Pirate Bay now gone from Autocomplete but still tops search results

Music Technology Policy

You know, the one that relates to the Google no-indictment agreement with the US Department of Justice for violating the Controlled Substances Act and the stockholder class suit against their board for using $500 million of the stockholder’s money to buy off an indictment?

The racist history of evangelicals proves they’re a perfect match with Trump: Why the religious right’s love for The Donald makes sense - Salon.com

Communications And Entertainment Law Blog

Evangelical voting behavior makes way more sense if you assume the politic views come first and the Bible is just the rationalization for them. He argued that the Voting Rights Act was ‘humiliating to the South’ and opposed the Civil Rights Act.

SAG Moderates Win NY & Everywhere Else

Digital Media Law

According to unofficial sources, and as SAGWatch is reporting, SAG moderates have won every open NY Board seat that was up (giving them a pickup of one vote, apparently), and all the regional seats that were up as well. hrs also, but the NY and RBD (regional) results don't bode well for MF, especially since two hardline presidential candidates (Anne-Marie Johnson and Seymour Cassel) are splitting the hardline vote.

The Latest Voter-Fraud Lie - The New York Times

Communications And Entertainment Law Blog

The Latest Voter-Fraud Lie By The Editorial Board, www.nytimes.comView Original February 14th, 2017 “It is a fact and you will not deny it.” The real effect of the laws is to make voting harder for students, the poor and people of color, all groups that lean Democratic.