Tag Archives: royalties

Paul McCartney Refuses to Let It Be and Launches Effort to Reclaim Copyrights to Songs

Legendary songwriter Paul McCartney has begun the process of acquiring the rights to songs he co-wrote with John Lennon while both were members of the Beatles. Although McCartney and Lennon authored most of the band’s hits, they signed over their copyrights at the start of their career on the advice of manager Brian Epstein. By … Continue Reading

Return to Sender: Elvis Presley Enterprises All Shook Up Over Rejected Discovery in German Royalty Dispute

The Southern District of New York recently denied an application brought by Elvis Presley Enterprises LLC  (“EPE”) for an order to take discovery pursuant to 28 U.S.C. § 1782, a provision of the United States Code that allows for discovery in aid of foreign litigation. See In re Elvis Presley Enters. LLC, No. 15mc386 (DLC) … Continue Reading

SoundExchange to Audit Pandora and Others to Ensure Accurate Reporting of Music Plays

On January 22, 2016, the Copyright Royalty Board published SoundExchange’s notices of intent to audit broadcasters — including Beasley Broadcast Group Inc., Greater Media Inc., Saga Communications Inc., Townsquare MediaBroadcasting, and Univision Communications Inc. — and commercial webcasters — including Pandora Media Inc., Batanga, DMX, and Muzak Inc. — for payments each made to SoundExchange … Continue Reading

Artists and Auction Houses Declare Victory Over California Artists’ Resale Royalties Statute

Artists and auction houses both declared victory on January 11 when the U.S. Supreme Court denied certiorari in a case concerning the constitutionality of the California Resale Royalties Act of 1976 (CRRA). But curiously, the artists and auction houses were on opposite sides of the case. The CRRA recognizes an artist’s “moral right” to the … Continue Reading

Pandora Enters Into License Agreements With ASCAP and BMI

Following the Copyright Royalty Board’s ruling to raise Pandora’s royalty rates, last week Pandora announced new licensing agreements with the country’s two largest performing-rights societies, Broadcast Music Inc. and the American Society of Composers, Authors and Publishers. Although the precise terms remain under wraps, these blanket licenses will govern Pandora’s right to play ASCAP’s and … Continue Reading

Copyright Royalty Board Issues Rate Increase to Pandora

On December 16, 2015, the Copyright Royalty Board released its much-anticipated ruling, increasing the royalty amount that Pandora and other digital streaming services must pay to stream music in 2016. The CRB’s ruling, which will be released in full after the parties redact confidential information, distinguishes between nonsubscription and subscription services. The CRB cracked down … Continue Reading

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals last week resurrected part of a California law that enables fine artists to share in the profits from resale … Continue Reading

Leave It to Hollywood: No D&O Insurance Coverage for Failure to Pay Leave It to Beaver Television Royalties

 Authored by: Judy A. Selby and C. Zachary Rosenberg On July 11, 2013, the Central District of California held that a liability insurer is not required to reimburse its insured for costs arising out of a breach of contract class action claim.  Screen Actors Guild Inc. v. Federal Ins. Co., No. CV-11-07123 DMG (VBKx) (July … Continue Reading

DC Circuit Declares the Copyright Royalty Board Unconstitutional

On Friday, the U.S. Court of Appeals for the District of Columbia Circuit held that the Copyright Royalty Board—at least as currently established—is unconstitutional.  The D.C. Circuit’s decision in Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board and Library of Congress, 11-1083, eliminated portions of the Copyright Act in order to extricate the offensive provisions … Continue Reading
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