David Oxenford, Author at Tennessee Association of Broadcasters

Looking at the Performance Complement and Other Rules that Apply to Webcasting Companies Relying on the Sound Recording Statutory License

By David Oxenford|2021-02-03T10:52:39-06:00February 3rd, 2021|Legal News|

We are waiting on the Copyright Royalty Board to release its decision setting the royalties that webcasters (including broadcasters who simulcast their over-the-air programming on the Internet) will pay to SoundExhange for the public performance of sound recordings in the period 2021 through the end of 2025. As we wrote here, that decision would normally... Continue Reading…

A TV Broadcaster’s Guide to Where Washington Regulatory Issues Stand

By David Oxenford|2021-02-02T09:25:12-06:00February 2nd, 2021|Legal News|

Where do all the Washington DC legal issues facing TV broadcasters stand in these early days of a new Administration? While we try on this Blog to write about many of those issues, we can’t always address everything that is happening. Every few months, my partner David O’Connor and I update a list of the legal and... Continue Reading…

Proposal for Reform of Copyright Act Released for Public Comment – Including Changes for the Safe Harbor for User-Generated Content, the Status of the Copyright Office, and Orphan Works

By David Oxenford|2021-01-28T11:23:59-06:00January 28th, 2021|Legal News|

During the holidays, we did not get a chance to mention the draft legislation circulated by Senator Thom Tillis (R-NC) proposing changes in the Copyright Act, including the provisions of the Digital Millennium Copyright Act that created Section 512 of the Act – the safe harbor for user-generated content. The legislation also proposes other changes... Continue Reading…

The Supreme Court Argument on Media Ownership – What’s Next?

By David Oxenford|2021-01-22T11:30:17-06:00January 22nd, 2021|Legal News|

On Tuesday, as has been covered in most of the broadcast trade press, the US Supreme Court held its oral argument in the Prometheus case. In this case, the FCC and a number of media companies seek to overturn the Third Circuit’s decision that threw out the FCC’s 2017 media ownership rule changes. As we... Continue Reading…

DOJ Ends its Review of ASCAP and BMI Consent Decrees – For Now…What Does it Mean?

By David Oxenford|2021-01-20T11:08:42-06:00January 20th, 2021|Legal News|

In 2019, the Antitrust Division of the US Department of Justice began a review of the court-administered antitrust consent decrees that have bound ASCAP and BMI since the 1940s. We wrote about the issues in their review here. The formal review of these decrees began as part of the DOJ’s broader review of its antitrust... Continue Reading…

DOJ Ends its Review of ASCAP and BMI Consent Decrees – For Now…What Does it Mean?

By David Oxenford|2021-01-20T11:08:42-06:00January 20th, 2021|Legal News|

In 2019, the Antitrust Division of the US Department of Justice began a review of the court-administered antitrust consent decrees that have bound ASCAP and BMI since the 1940s. We wrote about the issues in their review here. The formal review of these decrees began as part of the DOJ’s broader review of its antitrust... Continue Reading…

Reminder – 2021 Will Include Some Off-Year Elections for State and Local Office – and FCC Political Broadcasting Rules Do Apply

By David Oxenford|2021-01-12T10:51:08-06:00January 12th, 2021|Legal News|

After this year’s contentious elections, it is with reluctance that we even broach the subject – but broadcasters and cable companies need to be aware that in many jurisdictions there are elections this November. While most broadcast stations don’t think about the FCC’s political broadcasting rules in odd numbered years, they should – particularly in... Continue Reading…

Dates Set for Comments on FCC’s Zonecasting Rulemaking Proposal for FM Boosters

By David Oxenford|2021-01-11T10:36:55-06:00January 11th, 2021|Legal News|

The FCC’s Notice of Proposed Rulemaking looking to allow zonecasting by FM booster stations was published in the Federal Register today, setting the comment deadline as February 10, 2021 with reply comments due on or before March 12, 2021. We’ve written about that proposal here and here. The FCC proposes to allow FM boosters to... Continue Reading…

Copyright Royalty Board Announces SoundExchange Audits of Royalty Payments for Webcasters (Including Broadcast Simulcasts) and Other Digital Music Services

By David Oxenford|2021-01-08T11:25:53-06:00January 8th, 2021|Legal News|

The Copyright Royalty Board today published a Federal Register notice announcing that SoundExchange was auditing a number of broadcasters and other webcasters to assess their compliance with the statutory music licenses provided by Sections 112 and 114 of the Copyright Act for the public performance of sound recordings and ephemeral copies made in the digital transmission process by... Continue Reading…

About David Oxenford