INDUSTRY INSIGHTS YOUR PEERS ARE READING
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. MORE
If they have to activate your public file, they may note that they had to do so, and that may have consequences for license renewals that will be filed for radio starting next year. With license renewals for radio starting in June 2019 , a review of the online public file will likely be part of the FCC’s review of the renewal application. By March 1 of 2018, all radio stations were to have activated their online public file. MORE
Billboard reports that Spotify’s latest and greatest is paying a minimum guarantee (aka an advance against royalties) for direct deals for artists: Under the terms of some of the deals, management firms can receive several hundred thousand dollars as an advance fee for agreeing to license a certain number of tracks by their independent acts directly to Spotify. They also typically do not (and should not) have the right to sign license agreements in the name of their artist clients. MORE
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. Letter to Renata B. Hesse from MIC Coalition. MORE
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? MORE
Distribution Internet Licensing Notable Rights Streaming UGC ancillary exploitation animation barriers to entry caddyshack charlie the unicorn charlie the unicorn 2 content creator eyeballs filmcow.com flash animation hot topic jason steele leverage merchandise music business retail merchandise self distribution shorts the simpsons traditional media youtube My kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago. MORE
COUNTDOWN TO MECHANICAL LICENSING COLLECTIVE LAUNCH. TO LICENSE AVAILABILITY DATE (1/1/21). SUBSTITUTION OF BLANKET LICENSE FOR ALL EXISTING COMPULSORY LICENSES. MLC=Mechanical Licensing Collective. LAD=License Availability Date. MORE
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. MORE
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. MORE
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. MORE
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 MORE
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 MORE
So it is with Global Music Rights and the goliath Radio Music License Committee that itself is a member of the even bigger goliath MIC Coalition. (My 31 to sign an interim license agreement with GMR, which will cover them for playing the PROs songs through Sept. The MIC Coalition. MORE
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. MORE
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 MORE
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. MORE
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. Remember that the “initial administrative assessment shall be effective as of the license availability date” which is 1/1/21. MORE
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. MORE
With the new ruling, fractional licensing is allowed under the consent decree the performing-rights organization operates under. read more. THR, Esq. The Business Music Business Billboard MORE
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. MORE
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. MORE
The 2nd Circuit Court of Appeals hears arguments whether the Justice Department is right to bar BMI from issuing fractional licenses. read more. THR, Esq. Business Television Music Tech Business THR Online MORE
Peters, Creative Commons, have published Creative Commons Licenses: Empowering Open Access. Thomas Margoni, University of Stirling School of Law, and Diane M. Here is the abstract. Open access (OA) is a concept that in recent years has acquired popularity and MORE
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. MORE
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”?) Is it common in music licensing legislation to find such protections? MORE
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 MORE
via @davidclowery: A Compromise Proposal to Fix Streaming Royalties,Licensing and Notification — Artist Rights Watch. irespectmusic campaign In a Goolag State of Mind Collective Licensing David Lowery Mass NOIsI have a feeling I’m about to wander off the reservation here. I say this because what I’m about to propose is essentially a modification of a potential legislative proposal that rumor has it the NMPA is floating. MORE
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? MORE
Sensenbrenner introduced a bill entitled “ The Transparency in Music Licensing and Ownership Act “, a piece of work that is Dickensian in its cruelty, bringing a whole new meaning to either “ newspeak ” or “draconian,” take your pick. MORE
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. TRANSCRIPT: www.firemark.com. MORE
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. MORE
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 MORE
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. MORE
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 MORE
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.) MORE
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. MORE
BMI scores a legal win over the Justice Department. read more. THR, Esq. Business Music Business THR Online MORE
cases frequently cited for this principle all involve voluntary licenses by one of the co-owners. None involved the heavy hand of the government forcing one of the co-writers to license over any other co-writer’s own objections. But don’t call it voluntary licenses. MORE
Distribution Internet Licensing Notable Rights Streaming UGC ancillary exploitation animation barriers to entry caddyshack charlie the unicorn charlie the unicorn 2 content creator eyeballs filmcow.com flash animation hot topic jason steele leverage merchandise music business retail merchandise self distribution shorts the simpsons traditional media youtubeMy kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago. MORE
The fact is, if there wasn’t low transaction cost collective licensing like SoundExchange, someone would have invented it because of its inherent logic. It’s also one reason why we have form contracts for repetitive transactions and collective licensing for large numbers of property owners wishing to all make the same deal at the same time. One significant purpose of collective licensing in the U.S. MORE
The dispute centers on special edition New Era baseball caps. read more. THR, Esq. Style Style THR Online Jay Z MORE
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. MORE
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. MORE
License Related Topics Gordon P. Firemark
SEPTEMBER 18, 2015
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. TRANSCRIPT: www.firemark.com.
Gordon P. Firemark
DECEMBER 6, 2013
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.
Gordon P. Firemark
FEBRUARY 12, 2016
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.
Gordon P. Firemark
APRIL 11, 2011
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.
Music Technology Policy
NOVEMBER 23, 2018
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.
Broadcast Law Blog
NOVEMBER 26, 2018
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.
Gordon P. Firemark
DECEMBER 20, 2013
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?
New Media and Technology Law
OCTOBER 8, 2018
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.
Gordon P. Firemark
MARCH 12, 2012
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.
Music Technology Policy
JUNE 14, 2014
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 Technology Policy
MARCH 11, 2017
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
Music Technology Policy
AUGUST 1, 2017
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”?) Is it common in music licensing legislation to find such protections?
Media Law Prof Blog
AUGUST 16, 2017
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.
Music Technology Policy
DECEMBER 2, 2018
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. Remember that the “initial administrative assessment shall be effective as of the license availability date” which is 1/1/21.
Music Technology Policy
JANUARY 29, 2018
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.
Music Technology Policy
OCTOBER 14, 2015
The fact is, if there wasn’t low transaction cost collective licensing like SoundExchange, someone would have invented it because of its inherent logic. It’s also one reason why we have form contracts for repetitive transactions and collective licensing for large numbers of property owners wishing to all make the same deal at the same time. One significant purpose of collective licensing in the U.S.
Music Technology Policy
DECEMBER 11, 2017
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.
THR, Esq. Entertainment & Media Law Blog
DECEMBER 19, 2017
BMI scores a legal win over the Justice Department. read more. THR, Esq. Business Music Business THR Online
Music Technology Policy
JULY 5, 2016
cases frequently cited for this principle all involve voluntary licenses by one of the co-owners. None involved the heavy hand of the government forcing one of the co-writers to license over any other co-writer’s own objections. But don’t call it voluntary licenses.
Music Technology Policy
JULY 27, 2017
Sensenbrenner introduced a bill entitled “ The Transparency in Music Licensing and Ownership Act “, a piece of work that is Dickensian in its cruelty, bringing a whole new meaning to either “ newspeak ” or “draconian,” take your pick.
Music Technology Policy
JULY 12, 2016
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.
Music Technology Policy
NOVEMBER 18, 2016
MTP Podcasts 100% Licensing DOJ Appeal Maria Pallante
Music Technology Policy
SEPTEMBER 16, 2017
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.
Media Law Prof Blog
JULY 22, 2014
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.
DealFatigue
JANUARY 12, 2009
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
THR, Esq. Entertainment & Media Law Blog
NOVEMBER 30, 2017
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
Digital Media Law
JUNE 18, 2014
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.
Music Technology Policy
JULY 1, 2016
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. Letter to Renata B. Hesse from MIC Coalition.
Music Technology Policy
DECEMBER 27, 2016
So it is with Global Music Rights and the goliath Radio Music License Committee that itself is a member of the even bigger goliath MIC Coalition. (My 31 to sign an interim license agreement with GMR, which will cover them for playing the PROs songs through Sept. The MIC Coalition.
THR, Esq. Entertainment & Media Law Blog
OCTOBER 30, 2017
The dispute centers on special edition New Era baseball caps. read more. THR, Esq. Style Style THR Online Jay Z
Media Law Prof Blog
AUGUST 21, 2012
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
DealFatigue
JANUARY 12, 2009
Distribution Internet Licensing Notable Rights Streaming UGC ancillary exploitation animation barriers to entry caddyshack charlie the unicorn charlie the unicorn 2 content creator eyeballs filmcow.com flash animation hot topic jason steele leverage merchandise music business retail merchandise self distribution shorts the simpsons traditional media youtubeMy kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago.
DealFatigue
JANUARY 12, 2009
Distribution Internet Licensing Notable Rights Streaming UGC ancillary exploitation animation barriers to entry caddyshack charlie the unicorn charlie the unicorn 2 content creator eyeballs filmcow.com flash animation hot topic jason steele leverage merchandise music business retail merchandise self distribution shorts the simpsons traditional media youtube My kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago.
THR, Esq. Entertainment & Media Law Blog
SEPTEMBER 16, 2016
With the new ruling, fractional licensing is allowed under the consent decree the performing-rights organization operates under. read more. THR, Esq. The Business Music Business Billboard
Music Technology Policy
JUNE 28, 2017
via @davidclowery: A Compromise Proposal to Fix Streaming Royalties,Licensing and Notification — Artist Rights Watch. irespectmusic campaign In a Goolag State of Mind Collective Licensing David Lowery Mass NOIsI have a feeling I’m about to wander off the reservation here. I say this because what I’m about to propose is essentially a modification of a potential legislative proposal that rumor has it the NMPA is floating.
Music Technology Policy
JUNE 6, 2013
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
Music Technology Policy
JUNE 10, 2018
Billboard reports that Spotify’s latest and greatest is paying a minimum guarantee (aka an advance against royalties) for direct deals for artists: Under the terms of some of the deals, management firms can receive several hundred thousand dollars as an advance fee for agreeing to license a certain number of tracks by their independent acts directly to Spotify. They also typically do not (and should not) have the right to sign license agreements in the name of their artist clients.
Music Technology Policy
SEPTEMBER 12, 2016
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.
Music Technology Policy
AUGUST 10, 2016
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?
Media Law Prof Blog
MARCH 23, 2016
Peters, Creative Commons, have published Creative Commons Licenses: Empowering Open Access. Thomas Margoni, University of Stirling School of Law, and Diane M. Here is the abstract. Open access (OA) is a concept that in recent years has acquired popularity and
Music Technology Policy
NOVEMBER 5, 2018
COUNTDOWN TO MECHANICAL LICENSING COLLECTIVE LAUNCH. TO LICENSE AVAILABILITY DATE (1/1/21). SUBSTITUTION OF BLANKET LICENSE FOR ALL EXISTING COMPULSORY LICENSES. MLC=Mechanical Licensing Collective. LAD=License Availability Date.
Broadcast Law Blog
NOVEMBER 6, 2018
If they have to activate your public file, they may note that they had to do so, and that may have consequences for license renewals that will be filed for radio starting next year. With license renewals for radio starting in June 2019 , a review of the online public file will likely be part of the FCC’s review of the renewal application. By March 1 of 2018, all radio stations were to have activated their online public file.
THR, Esq. Entertainment & Media Law Blog
JUNE 2, 2017
The 2nd Circuit Court of Appeals hears arguments whether the Justice Department is right to bar BMI from issuing fractional licenses. read more. THR, Esq. Business Television Music Tech Business THR Online
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