Here Comes the New Dark Age: Blanket Licenses for Everything Based on MMA

Music Technology Policy

It’s the old ISP licensing hash rehashed and served up as if nothing happened–but using The MLC as a justification. It created a new blanket license for musical compositions, covering downloads and interactive streaming. A Blanket License for the Internet.

The Return of 100% Licensing and the Expansion of the Blanket License

Music Technology Policy

Who can forget the nightmare of the Justice Department’s counterproductive flirtation with 100% licensing the last time the DOJ reviewed the consent decrees. ( We covered the 100% licensing head fake in a podcast and a guide to 100% licensing.). Since then, the Congress passed the Music Modernization Act, which includes a massive overhaul of the mechanical licensing system which is currently the subject of an implementing rule making.

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Entertainment Law Asked & Answered – Licensing Music For Kids Performance School

Gordon P. Firemark

Jamie wrote in with an interesting question about music licensing in theatre… Hi, I am Gordon Firemark and this is asked and answered, where I take your entertainment law questions so you can get your career and business in entertainment to the next level. Here’s Jamie’s question: “I am researching the licensing needed for rehearsals, as well as recording live performances, for a children’s musical theater group, set up as an LLC, with monthly fees.

Event: Composer and Music Licensing Agreements for Film, TV, & New Media

Gordon P. Firemark

Composer and Music Licensing Agreements for Film, TV, & New Media. We’ll navigate typical composing and licensing agreements, shed light on strategies for negotiating the best possible deal, and highlight the most common pitfalls.

Asked & Answered – How to license music for low budget film

Gordon P. Firemark

In this video, Entertainment Lawyer Gordon Firemark answers a question about licensing music on a shoestring. Is it wise to get a “Festival only license?” ” Or, should filmmakers get more comprehensive licenses. And, how the licensing request is made. This question and answer brought to you by: Asked & Answered – How to license music for low budget film is a post from: Law Offices of Gordon P.

Is Copyright Registration Required Before Licensing – Entertainment Law Asked & Answered

Gordon P. Firemark

Does a song have to be registered with the copyright office before you can obtain a license to use it in your film or other project? Clearing a piece of music simply involves tracking down the rightful owner or owners and getting the required permission in the form of a license. Then, contact those folks with your license request, and you’re good. Even if the music in question is NEVER registered with the copyright office, you can obtain a license.

Washington, State that Pioneered Licensed Legal Technicians, Cancels the Program

Media Law

The Washington Supreme Court has voted 7-2 to end the state’s pioneering Limited License Legal Technicians program, a first-of-its-kind program that the court created in 2012 in an effort to help address the unmet legal needs of residents who could not afford a lawyer. Washington’s LLLT program was the first in the United States to license paraprofessionals to give legal advice without the supervision of a lawyer. Michelle Cummings received the first LLLT license.

Elimination of Requirement that Broadcasters Post Their Licenses Becomes Effective

Broadcast Law Blog

As we wrote here , at the FCC’s December meeting, the FCC was scheduled to adopt an order eliminating the requirement that broadcasters post a physical copy of their licenses and other instruments of authorization at their control points or transmitter sites. As a station’s licenses are now generally available online, the FCC stated that they saw no reason to require that they be posted at station locations not normally accessible to the public.

Asked & Answered – How to license film and video clips?

Gordon P. Firemark

In this video, Entertainment Lawyer Gordon Firemark answers a question about licensing film and video materials for online use. This question and answer brought to you by: Asked & Answered – How to license film and video clips? This is intended as general information only and does not establish an attorney-client relationship.

ESPN Reaches Settlement in Music Licensing Dispute

THR, Esq. Entertainment & Media Law Blog

The sports network sued BMI in February 2016, claiming that licensing demands for broadcasting ambient music were unreasonable. read more. THR, Esq. The Business Music Business THR Online

ESPN 63

“Successful” Licensing Models and the Opt Out: Music Licensing Study Comments

Music Technology Policy

Copyright Office is conducting a “ Music Licensing Study ” as part of the government’s overall review of the U.S. This post proposes allowing songwriters to “opt out” of the compulsory mechanical license required under Section 115 of the Copyright Act. One of the questions on the Copyright Office Roundtable Agenda is a discussion of successful licensing models. See Credit Check: Serial Bad Actors Should Lose Access to Compulsory Licenses.)

Music Rights and Licensing in Theatre (Free Webinar)

Gordon P. Firemark

This Friday, I’ll be presenting a webinar on music rights and licensing in theatre, Admission is free, and space is limited to 50 attendees. I’ll explore the various ways in which music is used in theatrical entertainment, from traditional- and jukebox musicals, to incidental, scene-change music, to concert and cabaret performance. You’ll learn about the rights issues that arise in this area, and how to efficiently and effectively secure the permissions needed.

Common Software Licensing Language at Issue in IP Dispute

New Media and Technology Law

Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as restrictions barring licensees from reverse engineering the code at issue. The scope of protection, of course, depends on the final language of the licensing agreement and disputes can arise when licensees decide to develop similar software in-house, or with a third party.

License This, Not That

Media Law Prof Blog

It has been proposed that difficulties in negotiating cross-licenses John Howells, University of Aarhus, and Ron D. Katznelson, Bi-Level Technologies, have published The Coordination of Independently-Owned Vacuum Tube Patents in the Early Radio Alleged Patent ''Thicket''. Here is the abstract.

A Guide to the Department of Justice Ruling on “100% Licensing”

Music Technology Policy

All songs may be licensed under either ASCAP or BMI’s blanket licenses. All songs may be licensed under both SESAC and GMR’s blanket licenses. Obtain synchronization licenses from each party for their respective shares, as is current custom and practice. All songs may be licensed under either ASCAP or BMI’s blanket licenses. Obtain synchronization licenses from each party for their respective shares, as is current custom and practice.

@musictechsolve: Vote for Creator and Startup Licensing Education at SXSW

Music Technology Policy

Please vote for my creator and startup licensing panel at SXSW.EDU. If the latest Spotify litigation shows anything it’s the importance of licensing education. A licensing roadmap overlay for entrepreneurship studies. It’s far too frequent that entrepreneurs spend more time developing their product roadmap and critical path than they do developing their licensing roadmap side by side with the product. Deadline for SXSW Panel Picker is today!

Shrinkwrap Licenses and IP

Media Law Prof Blog

Lemley, Stanford Law School, has published Intellectual Property and Shrinkwrap Licenses. Mark A. Here is the abstract. Intellectual property -- right, wrong, or indifferent -- is well on its way to becoming irrelevant in the computer world. The reason is

@crunchdigital: “Got Licenses?” — Artist Rights Watch

Music Technology Policy

A funny but true short video from Crunch Digital that documents how app developers deal with music licensing! via @crunchdigital: “Got Licenses?” — Artist Rights Watch

Video 40

MTP Podcast: Pallante Firing, DOJ Appeal of BMI 100% Licensing Ruling, and Artist Advocacy

Music Technology Policy

MTP Podcasts 100% Licensing DOJ Appeal Maria Pallante

Congressional Database Obsession: The Transparency in Music Licensing and Ownership Act is Quietly Adding Cosponsors

Music Technology Policy

Sensenbrenner introduced the Transparency in Music Licensing and Ownership Act last year, we roundly criticized the bill as an 11th Century solution to a 21st Century problem, the Domesday Book meets a unicorn. With all the talk about the controversial Music Modernization Act, one would have thought that a pre-condition of introducing the bill is that the Transparency in Music Licensing and Ownership Act would have been withdrawn.

Just Seven Months to the Beginning of the License Renewal Cycle – Is Your Station Ready?

Broadcast Law Blog

As we have written before, the next license renewal cycle begins on June 1, 2019 , with radio stations in Maryland, Virginia, West Virginia and the District of Columbia submitting their applications. Earlier this month, I conducted a webinar for several state broadcast associations to help stations in those states start to look at their operations to avoid issues that might otherwise come up in with their license renewals.

Elimination of Requirement that Broadcasters Post Their Licenses Becomes Effective

Broadcast Law Blog

As we wrote here , at the FCC’s December meeting, the FCC was scheduled to adopt an order eliminating the requirement that broadcasters post a physical copy of their licenses and other instruments of authorization at their control points or transmitter sites. As a station’s licenses are now generally available online, the FCC stated that they saw no reason to require that they be posted at station locations not normally accessible to the public.

Irving Azoff Song Licensing Outfit Gains Edge in Antitrust Battle With Radio Stations

THR, Esq. Entertainment & Media Law Blog

A magistrate judge potentially deals a blow to some 10,000 radio stations fighting licensing demands over songs by Bruce Springsteen, Prince, and Bruno Mars, among other superstars. read more. THR, Esq. Business Music Business THR Online

@musictechsolve: Vote for Creator and Startup Licensing Education at SXSW

Music Technology Policy

–A licensing roadmap overlay for entrepreneurship studies. It’s far too frequent that entrepreneurs spend more time developing their product roadmap and critical path than they do developing their licensing roadmap side by side with the product. That way when a startup gets to launch there is less likelihood they will go into the terminal holding pattern or worse–launch without licenses. Click Here to Vote on Panel Picker.

The Detestable “DMCA License”

Music Technology Policy

We’ve referred a couple of times to the “DMCA license” a detestable phrase that I heard around the SXSW tech panels used as though it actually meant something. Corey Field went to the trouble of actually explaining why there is no such thing as a DMCA license without the serving of bile that accompanied my own. See “ The DMCA License

DMCA 46

Michigan Radio Station Gives Up FCC License

Media Law Prof Blog

Lake Isabella/Mount Pleasant, Michigan, radio station WRAX-FM has surrendered its license to operate to the FCC, before the agency held a scheduled hearing on whether the station's license should be renewed. The FCC scheduled that hearing on August 3.

Artist Rights Watch COUNTDOWN TO MODERNITY (11/23): Key Dates and Accomplishments for the Mechanical Licensing Collective Under the Music Modernization Act

Music Technology Policy

As best we can tell from the outside looking in, this chart has the dates for key events in the critical path to launch for the Mechanical Licensing Collective as required by the Music Modernization Act. ” Recall that the Register of Copyrights gets to pick the entity to operate as the Mechanical Licensing Collective. So who’s behind the American Music Licensing Collective, exactly? The countdown to the License Availability Date: 770 days from now.

March Regulatory Dates for Broadcasters – Preparing for License Renewal Tops the List

Broadcast Law Blog

But, starting next month, there will be a whole new set of deadlines about which broadcasters need to be concerned, as April 1 is when the first pre-filing announcements for broadcast license renewals will begin , signaling the start of the 3-year long radio renewal cycle. The 3-year TV license renewal cycle will begin at the same time next year.

The MTP Podcast: The Consequences of DOJ’s New Rule on 100% Licensing with David Lowery, Steve Winogradsky and Chris Castle

Music Technology Policy

Department of Justice re-interpreting the ASCAP and BMI consent decrees to require 100% licensing and prohibiting partial withdrawal. –Will songwriters have to indemnify PROs for antitrust violations of failing to renegotiate licenses? –How DOJ’s new rule is actually anticompetitive and anticompetitive aspects of direct licensing. –Is DOJ rule Google’s payback to Pharrell Williams refusing to license for YouTube?

A Guide to the Department of Justice Ruling on “100% Licensing”

Music Technology Policy

All songs may be licensed under either ASCAP or BMI’s blanket licenses. All songs may be licensed under both SESAC and GMR’s blanket licenses. Obtain synchronization licenses from each party for their respective shares, as is current custom and practice. All songs may be licensed under either ASCAP or BMI’s blanket licenses. Obtain synchronization licenses from each party for their respective shares, as is current custom and practice.

@KRSfow: Future of What Podcast on the Transparency in Music Licensing and Ownership Act

Music Technology Policy

The “Transparency in Music Licensing and Ownership Act” claims to make things easier for coffee shops, bars and restaurants who want to license music to play in their establishments. podcast the future of what kill rock stars transparency in music licensing and ownership music industry music business congress bill legislation future of music coalition.

Controversial Bill On Music Licensing Has Nothing to Do with Small Business

Music Technology Policy

I dreamed up a startling new technique to attempt to divine whether the true purpose of the controversial Transparency in Music Licensing and Ownership Act (or…”TIMLOA”?) I determined that the safe harbors in the Transparency in Music Licensing and Ownership Act (or as it’s been called, The Shiv Act) was actually designed to protect the biggest of big business. Is it common in music licensing legislation to find such protections?

Copyright Licensing, Fair Use, and Innovation

Media Law Prof Blog

Rebecca Tushnet, Georgetown University Law Center, has published All of This Has Happened Before and All of This Will Happen Again: Innovation in Copyright Licensing at 28 Berkeley Technology Law Journal 1447 (2014). Here is the abstract. Claims that copyright

P.R.O.s continue policy of suing bars and Restaurants. Are your licenses in place?

Gordon P. Firemark

As I blogged here last December, Performance Rights Organizations like ASCAP and BMI continue their policy of pursuing legal action against bars and restaurants that play music without proper licensing.

Why Has the Obama Department of Justice Gotten Stealthy on 100% Licensing?

Music Technology Policy

You probably didn’t know that the Obama Department of Justice has been conducting invitation only conference calls with songwriters about the DOJ’s proposed 100% licensing regime they’d like to impose by means of the ASCAP and BMI consent decrees. And that’s about the only thing that’s transparent about this 100% licensing adventure conducted by the Obama Administration. doj In a Goolag State of Mind Uncategorized 100% Licensing DOJ Corrpution

May Regulatory Dates for Broadcasters – License Renewal Activities and Lots of Comment Dates

Broadcast Law Blog

With the June 3 filing deadline fast approaching for license renewals for radio stations in Maryland, DC, Virginia and West Virginia , stations (including FM translators and LPFMs) licensed to any community in any of those states should be beginning to prepare their applications. These stations should also be running their pre-filing license renewal announcements on the 1 st and 16 th of May.

“Arrogance at its Worst: The Constitutional Fallacy Underlying the DOJ 100% Licensing Decision

Music Technology Policy

It appears that after receiving thousands of public comments from songwriters, publishers and commenters who racked their brains to offer practical and solutions-oriented ideas to help solve the music licensing issues so prevalent in our business, the Department of Justice has turned up their nose at these ideas in what Rep. cases frequently cited for this principle all involve voluntary licenses by one of the co-owners. But don’t call it voluntary licenses.

Appeals Court Upholds Decision Allowing Fractional Licensing of Songs

THR, Esq. Entertainment & Media Law Blog

BMI scores a legal win over the Justice Department. read more. THR, Esq. Business Music Business THR Online

DOJ Ruling on 100% Licensing Denies Due Process to Songwriters

Music Technology Policy

In case you’re trying to figure out what in the world the Department of Justice is thinking with its recent ruling on 100% licensing for PROs, maybe a page of history is worth a volume of logic. copyright law that permits a co-owner of an undivided interest in property, such as a song, either owner can grant a nonexclusive license in the whole subject to a duty to account. Letter to Renata B. Hesse from MIC Coalition.

Grass Roots Licensing Of Youtube Fare

DealFatigue

Tags: traditional media caddyshack the simpsons Streaming self distribution leverage merchandise jason steele shorts charlie the unicorn Internet Licensing filmcow.com retail merchandise hot topic charlie the unicorn 2 UGC barriers to entry Rights animation music business youtube ancillary exploitation eyeballs Distribution flash animation content creator

Watch this Space: MTP Podcast on 100% Licensing with David Lowery, Steve Winogradsky, Chris Castle coming soon

Music Technology Policy

Next week we will kick things off with a discussion of the Department of Justice [sic] ruling on 100% licensing and partial withdrawals. Uncategorized 100% Licensing chris castle David Lowery MTP Podcast Steve WinogradskyThe MusicTechPolicy podcast is back! Participants will be David Lowery, Steve Winogradsky of Winogradsky/Sobel and author of Music Publishing: The Complete Guide and me. Watch this space for links to the podcast when it is completed, probably August 10/11.

2030 May Be The Year They’ll Take Your Driver's License Away

Digital Media Law

If they manage to get self-driving cars on the market by 2020 – as they’ve said they hope to – then I’d give human drivers another ten years before we all get our licenses pulled and registrations revoked. But my point is that the definition of “safely enough” will shift: when self-driving cars are safer than human drivers, at some point none of us humans will be deemed safe enough to worthy of a license. I think the government will get them, and your license too.

GMR Interim Music License for Radio to be Extended – Yet Again

Broadcast Law Blog

This week, the Radio Music License Committee issued a press release that states that Global Music Rights (“GMR”), the new performing rights organization that collects royalties for the public performance of songs written by a number of popular songwriters (including Bruce Springsteen, members of the Eagles, Pharrell Williams and others) has agreed to extend their interim license for the performance of their music by commercial radio stations until September 30, 2019.