Tag - ASCAP
An appeals court has upheld a ruling from last year concerning royalty rates paid by Pandora to songwriters. The US Court of Appeals for the Second Circuit agreed with an earlier ruling, which set the rate the music streaming service pays to the American Society of Composers, Authors, and Publishers (ASCAP) to 1.85 percent of Pandora's revenue, with no changes made to the figure.
US Federal Court Judge Denise Cote has issued a ruling in a case between streaming music service Pandora and music publishers, which has set a new rate at which Pandora Radio will have to pay to the American Society of Composers, Authors and Publishers (ASCAP) for performance rights on streaming radio. The rate is set slightly higher than the 1.7 percent Radio Music Licensing Committee rate for terrestrial radio Pandora argued was appropriate, but far less than the tiered rate ASCAP proposed.
The Federal Communications Commission has reportedly sided with the American Society of Composers, Authors and Publishers (ASCAP), stalling Pandora's application to acquire a terrestrial radio station based in Rapid City, South Dakota. The commission is said to have notified the streaming music company of the decision, which cites foreign-ownership rules as a remaining hurdle, according to a Billboard report.
The American Society of Composers, Authors, and Publishers (ASCAP) has filed a formal protest with the US Federal Communications Commission, opposing streaming radio purveyor Pandora's attempted purchase of a radio station in Rapid City, South Dakota. ASCAP is opposing the deal on procedural grounds, saying that Pandora failed to properly reveal its international interests involved in the company, and in not doing so, isn't properly proving that it does not exceed foreign ownership rules set by the FCC.
In parallel with its attempt to lobby the US Congress for lower royalty rates on recordings, music streaming company Pandora Media is suing ASCAP, the organization that represents songwriters and composers, to seek lower licensing fees through 2015. Pandora is seeking a blanket licensing fee that would cover all songs, claiming that the current fees set a decade ago prevent profitability.
The US Supreme Court late Monday rejected ASCAP's attempt to claim that song downloads are public performances. Its verdict upheld an earlier appeal ruling without added comment. The earlier, federal-level judge pointed to basic logic for support, contending that a digital recording isn't necessarily being played live to a wide audience just because it had been transferred over the Internet.
Apple's 90-second iTunes sample deal has already been reached with major music labels but is simply being pushed on indies, tips from the inside revealed today. EMI, Sony, Universal and Warner have all reportedly signed off so far along with some individual publishers, while the blanket notice to smaller labels was sent without them having reached an agreement. Labels talking to CNET couldn't provide detailed comment but, in two cases, agreed Apple was using hardline tactics by making labels automatically accept the deal just by staying in the store.
A Second Circuit Court of Appeals handed down mixed results for Internet music providers today in a ruling in New York. The appeals panel rejected claims by the royalty group ASCAP that downloads were live performances and said that transfers alone didn't amount to a public airing. Terms in the Copyright Act made it clear that a performance involved actual playback or a live show, none of which was guaranteed.
Apple's plans for minute-long iTunes samples may have been thwarted by the sheer number of deals it needed, both official and unofficial sources divulged Tuesday afternoon. Although all the music labels themselves are still reported by CNET as onboard, Apple had yet to clear both Broadcast Music Inc.'s performance rights and the National Music Publishers Association's rights. The NMPA brought Apple's plans to a halt a day before last week's music event after lawyers told association CEO David Israelite that a formal deal was essential.
A Southern District of New York federal court yesterday ruled (PDF) that ringtones don't constitute performances and so are exempt from separate royalties. The decision by Judge Denise Cote rejects beliefs by royalty group ASCAP that the carrier is responsible for royalties for any ringtone played in public and grants the complainant Verizon a summary judgment that the only valid royalty is the original for the music file itself.
Now AAPL Stock: 113.09 ( + 0.21 )
Cirrus creates Lightning-headphone dev kit
Apple supplier Cirrus Logic has introduced a MFi-compliant new development kit for companies interested in using Cirrus' chips to create Lightning-based headphones, which -- regardless of whether rumors about Apple dropping the analog headphone jack in its iPhone this fall -- can offer advantages to music-loving iOS device users. The kit mentions some of the advantages of an all-digital headset or headphone connector, including higher-bitrate support, a more customizable experience, and support for power and data transfer into headphone hardware. Several companies already make Lightning headphones, and Apple has supported the concept since June 2014. http://bit.ly/29giiZj
Apple Store app offers Procreate Pocket
The Apple Store app for iPhone, which periodically rewards users with free app gifts, is now offering the iPhone "Pocket" version of drawing app Procreate for those who have the free Apple Store app until July 28. Users who have redeemed the offer by navigating to the "Stores" tab of the app and swiping past the "iPhone Upgrade Program" banner to the "Procreate" banner have noted that only the limited Pocket (iPhone) version of the app is available free, even if the Apple Store app is installed and the offer redeemed on an iPad. The Pocket version currently sells for $3 on the iOS App Store. [32.4MB]
Porsche adds CarPlay to 2017 Panamera
Porsche has added a fifth model of vehicle to its CarPlay-supported lineup, announcing that the 2017 Panamera -- which will arrive in the US in January -- will include Apple's infotainment technology, and be seen on a giant 12.3-inch touchscreen as part of an all-new Porsche Communication Management system. The luxury sedan starts at $99,900 for the 4S model, and scales up to the Panamera Turbo, which sells for $146,900. Other vehicles that currently support CarPlay include the 2016 911 and the 2017 models of Macan, 718 Boxster, and 718 Cayman. The company did not mention support for Google's corresponding Android Auto in its announcement. http://bit.ly/295ZQ94
Apple employees testing wheelchair features
New features included in the forthcoming watchOS 3 are being tested by Apple retail store employees, including a new activity-tracking feature that has been designed with wheelchair users in mind. The move is slightly unusual in that, while retail employees have previously been used to test pre-release versions of OS X and iOS, this marks the first time they've been included in the otherwise developer-only watchOS betas. The company is said to have gone to great lengths to modify the activity tracker for wheelchair users, including changing the "time to stand" notification to "time to roll" and including two wheelchair-centric workout apps. http://bit.ly/2955JDa
SanDisk reveals two 256GB microSDXC cards
SanDisk has introduced two 256GB microSDXC cards. Arriving in August for $150, the Ultra microSDXC UHS-I Premium Edition card offers transfer speeds of up to 95MB/s for reading data. The Extreme microSDXC UHS-I card can read at a fast 100MB/s and write at up to 90MB/s, and will be shipping sometime in the fourth quarter for $200. http://bit.ly/294Q1If
Apple's third-quarter results due July 26
Apple has advised it will be issuing its third-quarter results on July 26, with a conference call to answer investor and analyst queries about the earnings set to take place later that day. The stream of the call will go live at 2pm PT (5pm ET) via Apple's investor site, with the results themselves expected to be released roughly 30 minutes before the call commences. Apple's guidance for the quarter put revenue at between $41 billion and $43 billion. http://apple.co/1oi1Pbm
Twitter stickers slowly roll out to users
Twitter has introduced "stickers," allowing users to add extra graphical elements to their photos before uploading them to the micro-blogging service. A library of hundreds of accessories, props, and emoji will be available to use as stickers, which can be resized, rotated, and placed anywhere on the photograph. Images with stickers will also become searchable with viewers able to select a sticker to see how others use the same graphic in their own posts. Twitter advises stickers will be rolling out to users over the next few weeks, and will work on both the mobile apps and through the browser. http://bit.ly/29bbwUE