Judge Colleen McMahon of the United States District Court in Manhattan said no-go to SiriusXM’s motion for summary judgment (a move to dismiss the suit), giving the satellite broadcaster until Dec. 5, 2014 to dispute remaining facts. This means that SiriusXM can be held liable for copyright infringement.
Currently, recordings made before February 15, 1972 do not enjoy federal protection, as there was no federal copyright for sound recordings until Congress passed a bill on that date. However, this legislation did not apply retroactive protections, which means older sound recordings are covered by a patchwork of state statute and case law.
Last month, we let you know about a new bill introduced in the House of Representatives that would amend the Copyright Act to treat all married couples equally. Now Senator Patrick Leahy (D-VT), has introduced a version of this bill in the Senate, where he serves as chair of the Judiciary Committee. His rationale: “Artists are the creative lifeblood of our nation, and our laws should protect their families equally.”
I’ve talked a lot about Taylor Swift these past couple of weeks. She’s a bona fide superstar, and people wanna know what’s up with her decision to pull catalog from Spotify. But all the hullaboo has also created opportunities to discuss how the current marketplace works for artists who aren’t among music’s one percent. The musicians and songwriters I know are hardly lazy or entitled; they want to pursue artistic excellence and have that excellence rewarded. Everyone at FMC is delighted that artists are speaking up and helping to refocus the debate from the tired “content versus tech” binary. Because that leaves an awful lot of important stuff out.
Streaming music is getting a lot of attention lately. Some of this is because country/pop superstar Taylor Swift removed her catalog from Spotify, and majormediaoutlets like to ask folks like us what it means. But Spotify isn’t the only streaming game in town: there’s also Internet radio, which is an entirely different animal when it comes to how royalty rates are calculated and how musicians are paid.
By Kevin Erickson, Communications Associate, and Maria-Teresa Roca de Togores, Policy Intern
This week’s midterm elections have come and gone, and while turnout was low (as is often the case in midterms), the resulting shift in the balance of power may impact what music-related issues are on the congressional agenda for the next two years. read more
It wasn’t more than five years ago that, if you were in a coffee shop or a clothing boutique and you heard a catchy tune, you might need to ask a barista or — OMG — a stranger for the name of the artist or the album. Then along came mobile apps like Shazam and SoundHound that magically identify the music that is being played. Recently, these two music discovery apps have upped their game by not only identifying the song and displaying the album artwork, but also showing lyrics, videos and bios, as well as any tour dates in your area. read more
Who gets paid, how much and under what terms when music is played on digital and AM/FM radio? Answering those questions isn’t easy, even for experts. But one thing is clear: 2014 has been a big year for the laws and policies that determine royalty rates for all forms of radio, and the intrigue will likely continue into 2015. read more