A Modern Melody for the Music Industry: The Music Modernization Act Is Now the Law of the Land

by K&L Gates LLP
Contact

K&L Gates LLP

On October 11, 2018, President Trump signed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA”) into law. The MMA is intended to “modernize copyright law” as applied to songwriters, music publishers, digital music providers, record labels, and others involved in the creation and distribution of music. The MMA consists of three parts:

  • Title I establishes a licensing collective to grant blanket mechanical licenses to digital music service providers and collect and distribute royalties to music composition rights owners;
  • Title II creates a royalty structure to compensate owners of pre-1972 sound recordings; and
  • Title III provides a statutory right for producers, mixers, and sound engineers to collect royalties for digital transmissions of sound recordings.

The MMA resulted from unprecedented alignment among Republicans and Democrats, the U.S. House and Senate, and music industry stakeholders. Nonetheless, this major update to copyright licensing law in the music industry may cause upheaval within the complex music marketplace structure, which encompasses songwriters, studio professionals, artists, record labels, and digital streaming services.

Title I — Modernizing Music Licensing for Digital Streaming Services

Title I of the MMA changes the way qualified digital music providers, such as online digital music streaming services, pay royalties to songwriters (via their music publisher agents) for the reproduction and distribution of musical compositions. This centralized and streamlined payment process will be a welcome change for most songwriters, digital music providers, and others involved in the creation and distribution of music.

By way of background, most recorded music is subject to two copyrights, one in the underlying musical composition, which protects the music and lyrics of a work, and one in the sound recording, which protects the specific recorded performance of a work. Much of Title I of the MMA attempts to modernize the collection and payment of royalties for the public performance of musical compositions when played through a digital streaming service.

Currently, Section 115 of the U.S. Copyright Act sets forth a process through which almost anyone can obtain an automatic right to reproduce and distribute another’s previously recorded musical composition. To obtain this right, or “compulsory license,” the service must provide notice to the copyright owner of the composition (or, if the copyright owner cannot be located, to the Copyright Office), and agree to pay to the owner a statutory rate set by the Copyright Royalty Board. The MMA amends this process as it applies to digital music providers, theoretically making it simpler for digital music providers to secure the rights to play songs and for composers to receive the corresponding royalty payments.

The MMA creates a centralized “Mechanical Licensing Collective” (the “Collective”) funded by digital music providers and administered by a board composed of songwriters and music publishers, with extensive governance, accounting and audit provisions. The Collective will have a board of directors composed of fourteen voting members (and three nonvoting members) that meet at least twice a year. Ten voting members will be representatives of music publishers, and four voting members will be representatives of professional songwriters. The Copyright Office is also allowed to re-designate an entity to serve as the Collective every five years. The MMA also specifies that an independent audit is to be performed every four–five years.

A digital music provider will no longer be able to file notices with the Copyright Office if the copyright owner cannot be identified or located. Instead, it will file a notice with the Collective, which will manage these notices and collect and distribute royalty payments, as well as implement a process for handling unclaimed royalty payments.

The Collective will maintain a database of eligible works. In exchange for providing notice to the Collective and agreeing to pay the statutory rate to songwriters, the digital music provider will receive a “blanket license” that covers use of all of the works in the database. Previously, digital music providers typically received licenses to these works on an individual basis. By obtaining and complying with the terms of the license, the digital music provider also will immunize itself from certain copyright infringement actions. More specifically, a “digital music provider that obtains and complies with the terms of a valid blanket license under this subsection shall not be subject to action for infringement of the [right of reproduction and distribution] arising from use of a musical work . . . to engage in covered activities authorized by such license.” The MMA also limits the liability of digital music providers after January 1, 2018, so long as they undertake certain payment and matching obligations. Additionally, as part of the compromises that led to final passage of the MMA, the Collective is allowed to administer only the new blanket license, leaving licensing of synch rights, lyrics, and performance rights, for example, to be handled by existing entities such as the Harry Fox Agency.

To assist licensees in identifying copyright owners and copyright owners in recovering unclaimed accrued royalties, the MMA provides for the designation of a “digital licensee coordinator.”

Title I of the MMA also modifies the standard the Copyright Royalty Board (“CRB”) must use when determining rates digital streaming services pay songwriters for the mechanical licenses discussed above. This has the potential to increase royalty payments to songwriters from most digital streaming services. Previously, the CRB used a different legal standard to determine the amount streaming services pay, which was based on a series of public interest directives, compared to the rates digital radio services pay, which was based on a willing buyer/willing seller standard. The MMA harmonizes these differences and creates a consistent “willing buyer” and “willing seller” standard that requires the CRB to consider free market conditions. A last-minute compromise in the Senate resulted in language confirming that for satellite digital audio radio services, royalty rates will remain unchanged through 2027 (instead of 2022), in return for SiriusXM foregoing its right to appeal the recent CRB ruling that increased the rate from 11.5 percent of revenue to 15.5 percent of revenue. This compromise essentially cleared the way for passage of the MMA.

Title II — “Let’s Stay Together” — CLASSICS Act Creates Royalty Stream for pre-1972 Sound Recordings

In contrast to the forward-looking Title I, Title II allows artists and record labels to obtain compensation for sound recordings created before 1972, the year that federal copyright protection was first extended to music sound recordings. Claims for compensation for the use of those legacy sound recordings by digital music services have been somewhat stymied by an incomplete patchwork of state laws and ongoing litigation over the scope of those state laws. Digital music services must now track, provide notice, and pay royalties for their use of pre-1972 music sound recordings equivalent to the royalties paid for post-1972 sound recordings.

More specifically, Title II, known as the Classics Protections and Access Act (the CLASSICS Act), creates a digital performance right in favor of rights owners of sound recordings recorded before February 15, 1972 (and after January 1, 1923). Absent a separate voluntary license between the sound recording rights owner and digital transmitting entity, the royalties due will be calculated and paid under the same rates and system (SoundExchange) currently applicable to post-1972 works. While the CLASSICS Act makes clear that this royalty extension does not render copyrightable these pre-1972 recordings, it does provide a “special federal sui generis form of protection” for digital music performances.

The CLASSICS Act further mandates protection for pre-1972 sound recordings for a base term of 95 years from first publication, with an additional period of three–15 years, depending on how recently the song was published.

Perhaps the most unique component of the CLASSICS Act is that it partially addresses orphan works — recordings for which the owner cannot be identified or contacted. For these sound recording orphan works, the CLASSICS Act permits “certain noncommercial uses of [pre-1972] sound recordings that are not being commercially exploited,” provided that good faith-efforts are undertaken to identify whether the recording is being commercial exploited and further notice is provided to the Copyright Office.

Title III — AMP Act: Acknowledging the Variety of Modern Creative Contributors

Producers, mixers, and sound engineers contributing to the creation of a sound recording now have a statutory right to royalties from digital performance services through the SoundExchange Collective as result of Title III of the MMA, the Allocation for Music Products (“AMP”) Act, amending Section 114(g) of the U.S. Copyright Act. The AMP Act acknowledges and updates the U.S. Copyright Act to include and codify studio professionals among those contributors counted for royalty receipt. Under the AMP Act, producers, mixers, and sound engineers will no longer need to rely upon contractual obligations to be compensated for digital transmissions.

According to the Senate Report, this statutory right codifies the requested royalty allocations from artists to studio professionals that SoundExchange has honored since 2004. While the Senate Report acknowledges that these allocations are already commercially in place for many sound recordings fixed after 1995, the AMP Act authorizes SoundExchange to accept a letter of direction from a featured artist to “distribute, to a producer, mixer, or sound engineer who was part of the creative process that created a sound recording, a portion of the payments to which the payee would otherwise be entitled from the licensing of transmissions of the sound recording.”

For sound recordings fixed before November 1, 1995 (enactment of the Digital Performance Right in Sound Recordings Act), producers, mixers, and sound engineers who can demonstrate a failed attempt to solicit a letter of direction from the artist, nonetheless, may receive a distribution of 2% of collected receipts from licensing transmissions of the sound recorded; such percentage will be deducted from the amounts payable to the artist after an objection period. AMP Act Sections 114(g)(5)(B) (pre-1995 recordings) and 114(g)(6)(E) (right to receive payments) do not take effect until January 1, 2020, giving SoundExchange time to prepare internal processes.


[1] The U.S. House of Representatives and U.S. Senate each unanimously passed somewhat separate versions of the MMA (on September 25, 2018, the House concurred in Senate amendments and sent the MMA to the President), and the legislation was introduced and advanced under various bill numbers during the course of its progress. The complete list of related bills is as follows:

  1. https://www.congress.gov/bill/115th-congress/senate-concurrent-resolution/48/text (provided final name for the MMA)
  2. https://www.congress.gov/bill/115th-congress/house-bill/5447 (full MMA as reported by House Judiciary Committee)
  3. https://www.congress.gov/bill/115th-congress/senate-bill/2334 (Music Modernization Act, became Title I of MMA)
  4. https://www.congress.gov/bill/115th-congress/senate-bill/2393 (CLASSICS Act, became Title II of MMA)
  5. https://www.congress.gov/bill/115th-congress/senate-bill/2625 (AMP Act, became Title III of MMA)
  6. https://www.congress.gov/bill/115th-congress/senate-bill/2823 (full MMA as reported out of the Senate Judiciary Committee)
  7. https://www.congress.gov/bill/115th-congress/house-bill/1551 (full MMA, as passed by Senate; original House Bill 1551 was unrelated)
  8. https://www.congress.gov/bill/115th-congress/house-bill/881 (AMP Act, became Title III of MMA)
  9. https://www.congress.gov/bill/115th-congress/house-bill/4706 (Music Modernization Act, became Title I of MMA)
  10. https://www.congress.gov/bill/115th-congress/house-bill/3301 (CLASSICS Act, became Title II of MMA)

[2] As stated by MMA sponsor and namesake, Rep. Goodlatte: “The reasons for such widespread support are clear. This legislation boosts payments for copyright owners and artists while reducing litigation costs for all parties; streamlines rights clearance for music delivery services; allows songwriters to help determine how their royalties are collected and allocated; protects the works of recording artists who created pre-1972 recordings; ensures sound engineers, mixers, and producers get paid; and gives the public more access to more music. This legislation will truly usher in a new era for music creators, distributors and consumers.” 164 CONG. REC. E1319-20 (daily ed. Sept. 27, 2018) (statement of Hon. Bob Goodlatte of Virginia), https://www.govinfo.gov/content/pkg/CREC-2018-09-27/html/CREC-2018-09-27-pt1-PgE1319-3.htm.

[3] The MMA as enacted does not impact performance royalties for traditional, over the airwaves, broadcast radio services (essentially AM and FM stations, also termed terrestrial radio), but may impact the online services offered by traditional radio stations.

[4] “Digital music provider” as defined under the MMA refers to a service engaged in covered activities that “has a direct contractual, subscription, or other economic relationship with end users of the service; … is able to fully report on any revenues and consideration generated by the service; [and] is able to fully report on usage of sound recordings of musical works by the service.” “Covered activities” include permanent downloads, limited downloads, or interactive streams that qualify for compulsory licenses.

[5] Songwriters often grant their rights in the musical composition to a music publisher, which handles licensing and royalty collection and accounting for the songwriter for a share of the songwriter’s revenue.

[6] For restrictions on the availability and scope of compulsory licenses, see generally 17 U.S.C. § 115(a).

[7] Paragraph 1 of the new Section 115(d) defines how the compulsory license for digital music providers interacts with other existing licenses, such as a voluntary license.

[8] The Collective will have a board of directors composed of fourteen voting members (and three nonvoting members) that meet at least twice a year. The ten voting members will be representatives of music publishers, and the four voting members will be representatives of professional songwriters. The Copyright Office is also allowed to re-designate an entity to serve as the Collective every 5 years. The MMA also specifies certain audit rights ….

[9] The MMA defines a “blanket license” as a compulsory license described in Section 115(d)(1)(A) to engage in covered activities.

[10] The rates that digital services pay for sound recordings currently are much higher than the rates digital services pay songwriters for musical compositions, and the free market provision in the MMA was intended to address that discrepancy.

[11] The MMA also implements a variety of other more technical changes. For example, the MMA modifies the procedure for selecting rate court judges for the consent decree proceedings for ASCAP and BMI, the two largest groups that collect performance royalties for most of the music industry. Instead of the current assignments of the Southern District of New York judges that have handled the administration of those consent decrees (for ASCAP, Judge Cote, and for BMI, Judge Stanton), the district court will use a random “wheel” process to determine which Southern District of New York judge will hear future consent decree rate setting cases.

[12] The public performance right in post-1972 sound recordings is limited to “digital audio transmissions.” 17 U.S.C. 106(6).

[13] After enactment, music composition rights owners will have 180 days to file schedules of works subject to claims of statutory damages for ultimate population of a new searchable database established by the Copyright Office. Entities that publicly perform digital sound recordings must provide contact information with the Copyright Office within 30 days of enactment.

[14] Throughout the legislative process, Title II was commonly referred to as the “CLASSICS Act,” the acronym for the Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act.

[15] The CLASSICS Act emerged from the Senate as compromise with Sen. Wyden’s now-defunct ACCESS to Recordings Act, which was poised to federalize pre-1972 sound recordings, with all attendant rights and limitations applicable to copyrightable works.

[16] S. Rept. 115-339 (115th Congress Sept. 17, 2018) (Report of the Committee on the Judiciary to accompany S. 2823, The Music Modernization Act). As to these legacy sound recordings, the CLASSICS Act preempts state property laws governing infringement claims and also clarifies the applicability of certain limitations on the remedies afforded to these pre-1972 rights owners, including: fair use, certain uses by libraries and archives, section 230 of the Communications Act of 1934, 47 U.S.C. § 230, and certain permissions of educational institutions.

[17] S. Rept. 115-339 (115th Congress Sept. 17, 2018) (Report of the Committee on the Judiciary to accompany S. 2823, The Music Modernization Act).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Written by:

K&L Gates LLP
Contact
more
less

K&L Gates LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.