There are a number of reasons for the inaccessibility of this information, one of which is the frequent sale of individual works and entire catalogs and the infrequent recordation of these sales. Further, in recent years there has been a proliferation, particularly in pop music, of songs with many writers, each of whom generally owns a share of the work, making it difficult for potential licensees without great knowledge of music licensing to determine whose permission they need for a certain use. The Future of Music Coalition illustrated this point using a hit song by Flo Rida that had 13 writers who were represented by a total of 17 publishers.
In February 2014, 19 Recordings—a record label representing artists from the TV show “American Idol” like Kelly Clarkson and Carrie Underwood—sued Sony Music for allegedly withholding royalty payments totaling $7 million. In March of this year, U.S. District Court Judge Ronnie Abrams issued a ruling allowing some of these claims to go to trial. The upshot is that, while some components of the case will move forward, the court decided that others don’t hold water. Even more recently, Sony swung back with allegations of fiduciary mismanagement at 19.
Today (June 26, 2015), the Recording Industry Association of America (RIAA) announced that satellite radio company SiriusXMhave settled a lawsuit brought by labels against the service for not paying royalties on older recordings.
The $210 million settlement is being touted as a win for labels, and potentially a resolution to an open legal question that has bedeviled the industry for a while now: whether recordings made before February 15, 1972 are eligible for royalties when “publicly performed” on digital radio. read more
Today brings news of a new coalition that has come together to advance specific perspectives around music licensing reform. The MIC Coalition is comprised of such companies and organizations as Amazon, NPR, the National Association of Broadcasters, the Hotel and Lodging Association, Google, the National Restaurant Association, Pandora, Digital Media Association, the Consumer Electronics Association, iHeartMedia and others. read more
WASHINGTON, DC— Today, Reps. Jerrold Nadler (D-NY), Marsha Blackburn (R-TN.), John Conyers Jr. (D-MI.), and Ted Deutch (D-FL.) introduced the Fair Play Fair Pay Act of 2015. Among other things, the bill would establish a public performance right for terrestrial radio, enabling musicians and sound recording owners to collect royalties when their music is played on AM/FM radio.
On Monday, April 13, Reps. Jerrold Nadler (D-NY), Marsha Blackburn (R-TN.), John Conyers Jr. (D-MI.), and Ted Deutch (D-FL.) introduced the Fair Play Fair Pay Act of 2015—a bill that, if passed, would accomplish a handful of things. The centerpiece of the legislation is the establishment of a public performance right for AM/FM radio. This would mean that performers and labels would be able to receive compensation for terrestrial radio airplay, a right that already exists in the rest of the developed world. read more
Today, the United States Copyright Office released Copyright and the Music Marketplace, the result of last year’s Music Licensing Study—a project that combined roundtables in various cities with opportunities for written comments from stakeholders and the public. (FMC participated in the roundtables and official docket; see our initial comments here; reply comments here.)
There’s so much in the 245-page report that it’s impossible to offer a full breakdown of the recommendations in a single blog post. In fact, we’re still making our way through it, but the Executive Summary provides an overview of many of the key provisions. We certainly respect the effort it took to produce such a detailed report, and commend Register of Copyrights Maria A. Pallante for taking the initiative with such a thorny and complex issue set.
Hailed as a new step towards a more open, responsive government, The White House’s petition site is in the news again as a key reason for the passage of a bill legalizing cell phone unlocking, signed into law this month. However, as a recent Time Magazine article points out, a handful of popular petitions are still awaiting a White House response despite having surpassed the 100,000 signatures mark, which was supposed to trigger an official reply. Among the petitions crossing this threshold were two that caught our attention: “Stop SOPA 2013” and “Stop SOPA 2014.”
Oddly, the Time article doesn’t mention that the White House already responded thoughtfuly and extensively to a petition about SOPA back in 2012. But much more disconcerting than the lack of official response to the new petitions is the fact that so many people have signed petitions expressing fierce opposition to legislation that they don’t seem to know doesn’t actually exist.
On July 24, the House Judiciary Subcommitee on Courts, Intellectual Property, and The Internet continued its ongoing review of copyright law with a hearing on the topic of Remedies. US Copyright laws give creators a number of exclusive rights controlling how their works can be used, but when one of those rights are violated, they must have options for recourse. As Rep. Jerrold Nadler (D-NY) noted, the legal maxim goes “there’s no right without a remedy.” That’s what this hearing addressed, and while there was consensus that the current system leaves plenty of room for improvement, a wide range of views were presented on what problems currently exist, and how to solve them. (You can watch the full hearing and read written testimony at the House Judiciary website.)