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This Week in Regulation for Broadcasters:  February 10, 2025 to February 14, 2025

By |2025-02-16T08:31:41-06:00February 16th, 2025|Legal News|

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. On our Broadcast Law Blog, we discussed the FCC Enforcement Advisory released last week warning of payola concerns in coercing... Continue Reading…

Copyright Office Commences an Inquiry into the Proliferation of Performing Rights Organizations – Looking at the Complexity of Licensing Musical Works in the United States

By |2025-02-13T11:23:28-06:00February 13th, 2025|Legal News|

In the United States, performing rights in musical compositions (or “musical works” as the Copyright Act refers to them – the words and music of a song) are generally licensed by a “performing rights organization” or a “PRO.”  The U.S., unlike most countries where there is a single organization that collects these royalites, has multiple... Continue Reading…

FCC Enforcement Advisory Warns of Payola Concerns in Coercing Bands to Play at Broadcast Station Events with Threats of Decreased Airplay – and Reminds All Broadcasters, Radio and TV, of Sponsorship Identification Requirements

By |2025-02-11T09:35:39-06:00February 11th, 2025|Legal News|

When in January I offered my predictions as to the issues that the new FCC would be considering this year, payola and musical artists complaining of being coerced to play for free at radio station concerts or other events was not on the bingo card.  That changed early this past week when Tennessee Senator Marsha... Continue Reading…

NMPA Calls for Takedowns of Spotify Podcasts Using Unlicensed Music – A Reminder to Podcasters of the Perils of Music in Their Productions

By |2025-02-05T09:10:37-06:00February 5th, 2025|Legal News|

For years, we have warned about the need to license music in podcasts – and how such licenses need to be obtained directly from copyright holders.  We’ve noted demand notices sent to podcasters causing those podcasters to pull their programs from various distribution platforms (see, for instance, our articles here and here).  We warned that,... Continue Reading…

It’s Back!  American Music Fairness Act Proposing New Music Royalties for Over-the-Air Broadcasting Introduced in the New Congress

By |2025-02-04T11:11:23-06:00February 4th, 2025|Legal News|

Last week, U.S. Senators Marsha Blackburn (R-Tenn.), Alex Padilla (D-Calif.), Thom Tillis (R-N.C.), and Cory Booker (D-N.J.) introduced the American Music Fairness Act (see their Press Release for more details), with a companion bill to follow in the House.  If adopted, this legislation would impose a new music royalty on over-the-air radio stations.  The royalty would be payable to SoundExchange for the public performance of... Continue Reading…

Brendan Carr to Become Next FCC Chair – What is Next for Regulation Affecting Broadcasters? 

By |2024-11-22T11:26:34-06:00November 22nd, 2024|Legal News|

President-elect Trump this week selected sitting FCC Commissioner Brendan Carr to be the new Chairman of the FCC starting on Inauguration Day, January 20.  As a sitting Commissioner, Carr can become permanent Chair immediately – no Senate confirmation is necessary.  Current FCC Chair Jessica Rosenworcel announced that, as is traditional, she will not only step... Continue Reading…

NAB Requests Further Delay in Requirement that TV Stations Provide Audio Description of Non-Textual Emergency Information While Rule Changes are Considered

By |2024-11-19T11:56:39-06:00November 19th, 2024|Legal News|

Since 2015, TV broadcasters that transmit any emergency information visually in text during non-news programming have been required to convert that information into an audio broadcast on a station’s Secondary Audio Programming channel (its “SAP channel”).  The SAP channels are usually used for Spanish and other non-English translations of the audio on TV programs.  As... Continue Reading…

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