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.