The U.S Copyright Office has finalized its rule change on streaming royalties, delivering a long-awaited clarification on who receives streaming royalties when songwriters exercise termination rights that allow authors and heirs to terminate copyright grants — including transfers or licenses — for their music. The rule clarifies who is entitled to collect mechanical royalties paid by streaming platforms after the termination has been invoked. Specifically, the final rule confirms “that the derivative works exception to termination rights under the Copyright Act does not apply to the statutory blanket mechanical license established under the Music Modernization Act.” Continue reading Music Industry Lauds Copyright Ruling in Streaming Dispute

The EU has reached a provisional agreement on the Artificial Intelligence Act, making it the first Western democracy to establish comprehensive AI regulations. The sweeping new law predominantly focuses on so-called “high-risk AI,” establishing parameters — largely in the form of reporting and third-party monitoring — “based on its potential risks and level of impact.” Parliament and the 27-country European Council must still hold final votes before the AI Act is finalized and goes into effect, but the agreement, reached Friday in Brussels after three days of negotiations, means the main points are set. Continue reading EU Makes Provisional Agreement on Artificial Intelligence Act

Locast, a non-profit organization founded by lawyer and former FCC legal advisor David Goodfriend, streamed local TV to those who couldn’t access local signals, declaring that U.S. copyright law allows third parties to boost local signals. Major broadcasters ABC, CBS, NBC and FOX disputed that claim, believing that Locast simply wanted to avoid carriage fees, and have now won a court battle finding that Locast violated their copyrights. The court also stated that Locast cannot use its non-profit status as a defense against further action. Continue reading Major TV Broadcasters Prevail in Court Case Against Locast

The Australian Competition and Consumer Commission is drafting a bill that would require Facebook and Google to negotiate with media publishers and pay for content that appears on their sites. Facebook has responded by threatening to block users and news organizations from sharing local and international news stories on its site. Google, which said its free service would be “at risk,” stated that the law would give media companies “special treatment” that would allow them to make demands that would be difficult to meet. Continue reading Australia’s Draft Law Bids Facebook, Google to Pay for News

Locast is a streaming service that allows those without a pay-TV subscription to watch sports, news and primetime broadcast programming. Backed by the non-profit Sports Fan Coalition, Locast last week received a $500,000 contribution from AT&T. The service has launched in New York and Los Angeles among other large markets. But Locast has not received TV stations’ consent to carry their feeds, something required by federal copyright law, nor is it paying fees, which comprise a significant portion of broadcasters’ revenue. Continue reading Streaming TV Service Locast Receives a Boost From AT&T

The European Union adopted a strict online copyright law requiring technology companies to ink licensing agreements with authors, musicians and news publishers. The goal is to force technology platforms to proactively remove unlicensed copyrighted content from their sites, rather than respond to thousands of complaints by copyright holders. Lobbying leading up to the vote was vigorous. While media companies are celebrating the move, the new law is a blow to companies such as Google and Facebook, as well as free speech advocates. Continue reading Europe Passes a Strict Law That Favors Copyright Holders

In what has been an annual presentation at the HPA Tech Retreat, Thompson Coburn attorney Jim Burger delivered his update of legislation and litigation from the nation’s capital. His take on “administrative-legislative developments in copyright” was summed up by a slide of stars and the sounds of crickets, reflecting the government shutdown. Burger first briefly defined copyright as “an original expression in a fixed tangible medium,” and described the four-factor test that defines non-exclusivity. Continue reading HPA Tech Retreat: Jim Burger Presents Washington Update

The European Parliament adopted a draft copyright bill to require tech platforms to pay more for music and news produced by media companies. If the law passes, EU countries will have two years to comply. Tech companies continue to fight against the bill’s final adoption; EDiMA, a trade group representing Amazon, Apple, Facebook and Google among others, stated that the EU “decided to support the filtering of the Internet to the benefit of big businesses in the music and publishing industries despite huge public outcry.” Continue reading European Parliament Advances Copyright Bill Despite Critics

The Senate Judiciary Committee voted in favor of the Music Modernization Act, which updates music copyright law for the digital age. Tech companies, music publishers, songwriters, musicians and radio broadcasters cooperated to put together the bill, after years of proposing unsuccessful legislation. With this bill closing some of the flaws of past laws, music publishers and streaming services will likely end the constant wrangling and expensive lawsuits that have bedeviled the digital music industry. Continue reading Music Modernization Act Could Impact Copyright, Licensing

The House of Representatives passed a bill on Friday that would allow consumers to open the digital locks on their cellphones, legislation that was already passed by the Senate. Unlocking mobile phones makes it easier to switch wireless carriers. Under current copyright law, however, consumers risk jail time and fines up to $500,000 for unlocking their phones without carrier permission. Such restrictions have proven unpopular with the public and last year a petition called for government action. Continue reading Congress Passes Bill That Makes it Legal to Unlock Cellphones

In the wake of the Supreme Court’s ruling that Aereo’s online TV streaming service violated copyright law, company lawyers have filed a letter with a New York district court claiming that Aereo now views itself as a cable provider. If Aereo can obtain a license, it contends that it is entitled to the same protections as other providers paying royalty fees. This is a dramatic shift in strategy for the company that previously said it would shutter if the Supreme Court did not rule in its favor. Continue reading Aereo Shifts Gears, Tells Court it is Now a Cable Provider