Highlights from The California Copyright Conference's October 2014 Music Royalties Dinner

Last week, the California Copyright Conference presented a panel discussion entitled, "Are You Getting Paid? Best Practices for Unmatched Royalties"

October 2014 California Copyright Conference: L-R: Scott Berenson – Director, Claims Department at SoundExchange; Jake Wisely - President The Bicycle Music Company; Diane Snyder Ramirez – Vice President Royalty Accounting & Administration, Royalty Review Council; Chris Castle – Founder, Christian L. Castle, Attorneys, Austin; Anne Cecere – BMI, California Copyright Conference President; Not Pictured: Eric Palmquist - Vice President, Audit & Income Tracking, BMG Chrysalis

I tweeted a few insights from the panelists, such as:

One highlight was when panelist Chris Castle called on Henry Gradstein to speak on state copyright protection of pre-1972 sound recordings:

Henry Gradstein at the California Copyright Conference: Section 980 in California was amended to allow for common law (c) protection

But, a few tweets can't impart all of the valuable information that the panelists shared. To view the complete discussion, click here to join the California Copyright Conference.

#IRespectMusic

Eventually materials from the program will be uploaded here for anyone to access free-of-charge.

Cedar Boschan to Give Royalty Rate Update at California Copyright Conference - October 13

I will discuss on October 13, 2009 Copyright Royalty Board actions and potential legislation at the California Copyright Conference's annual "Legal Update" panel.

My fellow panelists are some of the best in the West, so don't miss it:

KENNETH D. FREUNDLICH, ESQ., Freundlich Law
DINA LAPOLT, ESQ., LaPolt Law
MICHAEL PERLSTEIN, ESQ., Fishbach, Perlstein, Lieberman & Almond
PATRICK ROSS, Copyright Alliance

Moderator:
STEVEN WINOGRADSKY, ESQ., Winogradsky/Sobel

This event is usually a very well attended meeting, so please make your reservations early. One (1) hour of MCLE credit is available to California attorneys.

Register at the California Copyright Conference Web site or see more details pasted below:

_____________________________________________

Annual "LEGAL UPDATE" Panel
Tuesday, October 13, 2009
6:15 PM Check-In * 6:30 PM Cocktails * 7:00 PM Dinner
COURTYARD BY MARRIOTT, 15433 Ventura Blvd, Sherman Oaks, CA 91403 (Near Sepulveda & Ventura Blvd., just west of the 405 freeway)
Parking entrance on Orion Avenue
Free parking with validation.

Appetizer: California Mixed Green Salad Salad
Entrée: Chicken Marsala, Beef Stir-fry or Vegetarian Pasta
Dessert: Chef's Choice

CCC Members $40 per person / Non-members $50 per person

RESERVE YOUR SEAT NOW - RESERVATIONS ACCEPTED UNTIL
10:00 AM FRIDAY, Oct 9, 2009

Please help us make this an enjoyable experience for everyone by using the reservation system. A failure to reserve by the deadline may result in not receiving your preferred choice of dinner entree.

Register online with your credit card at www.theccc.org
Or use our voicemail system (818-379-3312)
Dinners payable at the door by cash or check only. No credit cards.

To join the California Copyright Conference or to renew your membership, please visit the website for more info: http://www.theccc.org/join.php

LAUNCHcast Wins - Service Deemed Noninteractive by US 2nd Circuit Court of Appeals

Those who are calculating CRB royalties may be interested to read this decision published August 21, 2009 in the Federal Register.

The US Court of Appeals' Second Circuit upheld a 1997 jury decision that Yahoo's LAUNCHcast - a webcasting service now operated by CBS that provides Internet radio stations customized for individual users – is not an "interactive service" as defined in 17 U.S.C. §114(j)(7):

An “interactive service” is one that enables a member of the public to receive a transmission of a program specially created for the recipient, or on request, a transmission of a particular sound recording, whether or not as part of a program, which is selected by or on behalf of the recipient. The ability of individuals to request that particular sound recordings be performed for reception by the public at large, or in the case of a subscription service, by all subscribers of the service, does not make a service interactive, if the programming on each channel of the service does not substantially consist of sound recordings that are performed within 1 hour of the request or at a time designated by either the transmitting entity or the individual making such request. If an entity offers both interactive and noninteractive services (either concurrently or at different times), the noninteractive component shall not be treated as part of an interactive service.

Specifically, the US Court of Appeals found that LAUNCHcast's

1. Users could not request specific musical works through LAUNCHcast
2. Transmissions were not specially created for the user within the meaning of §114(j)(7)

Nobody disputes point #1 above, but point #2 is debatable. At least I found BMG's argument that "...Any service that reflects user input is specially created for and by the user and therefore qualifies as an interactive service" to be compelling. But the court did not "read the statute so broadly." Ultimately, the intent of §114(j)(7), as revised, guided the court to its decision.

The decision means that LAUNCHcast may pay statutory master performance royalties to SoundExchange instead of negotiating fees for each master with various record companies. The designation of a music service as "non-interactive" impacts royalties reportable to music publishers as well.

According to The Broadcast Law Blog:

"Other cases in other circuits would not be bound by this decision, though they will no doubt find it to be instructive."

Do you agree with the Second Circuit?

The posts on this blog confer no rights or warranties. The opinions expressed on this site are my own and may not represent those of my firm. © 2009, Cedar Boschan. To request permission to reproduce, please contact boschan@royaltyauditors.com.