An Overview of the Hot Policy Topics in Music Licensing

By |2023-01-26T10:11:37-06:00January 26th, 2023|Legal News|

Royalties paid for the use of music by broadcasters and digital media companies, and other issues about music rights, can be an incredibly dense subject, with nuances that can be overlooked.  I participated in a CLE webinar earlier this week, sponsored by the Federal Communications Bar Association, where we tried to demystify some of the... Continue Reading…

Spotify, Joe Rogan and Neil Young – Looking at the Rights and Royalty Issues Behind the Story (Part 2 – The Rights of the Artists to Pull Their Music)

By |2022-02-15T10:57:52-06:00February 15th, 2022|Legal News|

Last week, we discussed the controversy started by Neil Young removing his music from Spotify because of its carriage of Joe Rogan’s podcast.  In that article, we looked at the relationship between music royalties and the decision of Spotify and other music services to emphasize podcasts and other talk programming over music.  Today, we will... Continue Reading…

Missing Music On Streamed TV Programs Highlights Rights Issues for Podcasters and Video Producers

By |2021-04-28T10:59:58-05:00April 28th, 2021|Legal News|

Last week, the NY Times ran an interesting article, here, about how many old TV programs now available on streaming services are missing music that was featured on the original broadcast.  This was because when the music rights were initially purchased,  their use was limited to over-the-air broadcasts or was limited to a short period... Continue Reading…

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

By |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 |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…

NAB Announces that a Majority in Congress Have Signed on to the Local Radio Freedom Act – A Look at the Broadcast Performance Royalty Debate

By |2020-08-13T10:56:39-05:00August 13th, 2020|Legal News|

The NAB recently announced that a majority of Congress has signed on to the Local Radio Freedom Act, the nonbinding resolution where Congressional representatives declare their opposition to the adoption of a broadcast performance royalty.  With that announcement, it is worth taking another look at what a broadcast performance royalty is and what might happen... Continue Reading…

Using Music in Podcasts – Talk to the Copyright Holders – Why You Can’t Rely on Your ASCAP, BMI, SESAC and SoundExchange Licenses

By |2020-07-22T10:28:44-05:00July 22nd, 2020|Legal News|

Our friends at Edison Research recently released a study on music discovery highlighting the ways in which people discover new music.  Among their findings was that broadcast radio, YouTube and streaming services were among the largest sources for that discovery.  That report caused one radio trade publication to suggest that podcasts, which ranked relatively low... Continue Reading…

DOJ Starts Review of BMI and ASCAP Consent Decrees – Exploring the Background of the Issues

By |2019-06-06T09:54:34-05:00June 6th, 2019|Legal News|

The Department of Justice’s Antitrust Division yesterday announced that it was starting a review of the ASCAP and BMI antitrust consent decrees that govern the United States’ two largest performing rights organizations for musical compositions (referred to as the “musical work”). The DOJ’s announcement of the initiation of the examination of the consent decrees poses...… Continue Reading

Are You Streaming Your Radio Station? Reminder that Broadcasters Need to Pay Royalties to SoundExchange as well as ASCAP, BMI and SESAC

By |2017-10-09T11:15:29-05:00October 9th, 2017|Legal News|

The alphabet soup of organizations that collect royalties for playing music has never been easy to keep straight, and today royalty issues sometimes seem even more daunting with new players like GMR (see our articles here, here and here) and arguments over issues like fractional licensing that only a music lawyer could love (see our...… Continue Reading

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