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Public Performance Rights The Copyright Act

McDermott Will & Emery

Unhappy Together: No Right of Public Performance under California Copyright Law

Addressing for the first time whether California law establishes a right of public performance for the owners of pre-1972 sound recordings, the US Court of Appeals for the Ninth Circuit found no such right for music and...more

Mintz - Trademark & Copyright Viewpoints

Protecting Lawful Streaming Act Signed Into Law

One of the provisions included in the Consolidated Appropriations Act that President Trump signed into law on December 27, 2020 addresses the so-called “felony streaming” loophole in the Copyright Act and criminal code. ...more

Dorsey & Whitney LLP

Music Public Performance Rights: Ignore That Licensing Offer from ASCAP or BMI at Your Peril

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In the music world, performance rights organizations (“PROs”) serve an intermediary function between songwriters and music publishers and third parties who perform the protected works publicly. Among the largest PROs in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Bradley Arant Boult Cummings LLP

Music Licensing Basics for Long Term Care Providers and Their Attorneys - American Health Lawyers Association

Nashville is home to a lot of musicians. It is also home to a number of organizations known as “performing rights organizations,” or PROs. Within the United States, the three main PROs are Broadcast Music Incorporated (BMI),...more

Brooks Pierce

Music Law 101: What Rights Does A Copyright Owner Have?

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So you’ve already written and recorded a song and determined who owns it, but now what can you as an owner do with it? What rights in the song do you have, that no one else does? The owner of the copyright in a work has...more

Dorsey & Whitney LLP

Dueling Pianos – Copyright Rules for Digital Music Delivery Almost in Harmony

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As we reported this spring, the “Music Modernization Act” (MMA) working through Congress avowed to bring the royalty determination formula for digital music services into the 21st Century. In April, the House of...more

Dorsey & Whitney LLP

Moving Past Player Pianos?

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As we promised in our prior post, we have an update on the “Music Modernization Act” (MMA) that promises to advance copyright law governing digital transmissions of sound recordings into the 21st Century. In a rare act of...more

Dorsey & Whitney LLP

Beyoncé, Coldplay and Ed Sheeran Skating Debuts - Solid Gold at the Olympics

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With the lifting of the International Skating Union ban on the use of music with lyrics, the Olympics in Pyeongchang is the first in which singles and pairs ice skaters can compete to music with lyrics (Ice Dancers have been...more

Akerman LLP - Marks, Works & Secrets

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

Greenberg Glusker LLP

DOJ declines to modify consent decrees, angers PROs.”

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Greenberg Glusker music law partner William I. Hochberg was quoted in an August 4, 2016, Daily Journal article, “DOJ declines to modify consent decrees, angers PROs.”...more

JAMS

60s On 6; Sirius Trouble

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SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the...more

Ladas & Parry LLP

American Broadcasting Co. v. Aereo and its Aftermath

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The U.S. Copyright Act in 17 USC 106 specifically gives copyright owners the exclusive right to control “performances” of their works. 17 USC 101 defines public performance as including “transmission” of the work. In 17 USC...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo...more

Foley & Lardner LLP

The Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?

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With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court...more

Neal, Gerber & Eisenberg LLP

American Broadcasting Companies v. Aereo, Inc.: Supreme Court Departs from Volitional Act Test for Copyright Infringement

On June 25, the Supreme Court issued its much-anticipated decision in the case of American Broadcasting Companies, et al. v. Aereo, Inc. f/k/a Bamboom Labs, Inc., Case No. 13-461 (June 25, 2014). The case centered on Aereo’s...more

Nossaman LLP

ABC v. Aereo: Copyright Infringement By Intercepting and Rebroadcasting Copyrighted Programming

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In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014, No. 13-461) 2014 U.S. Lexis 4496, the issue before the court was “[w]hether a company ‘publicly performs’ a copyrighted television program when it...more

Bracewell LLP

Supreme Court Effectively Shuts Down Aereo's Television Streaming Service

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The Supreme Court of the United States announced an important copyright decision last Wednesday in American Broadcasting Cos. v. Aereo, Inc. (573 U.S. ____ (2014)). The 6-3 decision by Justice Breyer reversing the United...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Sides with Broadcasters in Aereo Decision

In a highly-anticipated decision, the Supreme Court last week released its decision in ABC v. Aereo, holding that the transmission of over-the-air broadcast signals by Aereo’s tiny antennas constitutes a “public performance”...more

Akerman LLP

The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

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On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies...more

Akerman LLP

The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

Akerman LLP on

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Holds That Aereo Infringes Broadcasters' Copyrights Despite "Behind-the-Scenes" Technological Innovations...

On June 25, 2014, the U.S. Supreme Court issued its eagerly anticipated decision in American Broadcasting Companies, Inc., et al. v. Aereo, Inc., fka Bamboom Labs, Inc., No. 13-461.1 In a 6-3 majority opinion, the Court found...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides American Broadcasting Cos. v. Aereo, Inc.

On June 25, 2014, the U.S. Supreme Court decided American Broadcasting Cos. v. Aereo, Inc., No. 13-461, holding that Aereo violates the Copyright Act by streaming near-live copyrighted television programming to subscribers...more

Knobbe Martens

Aereo - A Reboot Opportunity For Broadcasters?

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Yesterday the Supreme Court issued the Aereo opinion and decided that, given its activities, Aereo is substantially similar to a cable television provider and therefore “perform[s] petitioners’ copyrighted works ‘publicly,’...more

Knobbe Martens

Supreme Court Rules Aereo’s Streaming Broadcast Service Violates the Copyright Act

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American Broadcasting Companies, Inc. v. Aereo, Inc. – What You Need to Know - Today the Supreme Court ruled that streaming broadcast television signals to subscribers without paying for the programs violates the...more

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