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...
View ArticleLeave It to Hollywood: No D&O Insurance Coverage for Failure to Pay Leave It...
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...
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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...
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The Supreme Court Again Rejects Post-Expiration Patent Royalties
Authored by: Samuel McMahon, 2015 Summer Associate In Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015), the Supreme Court, in a 6-3 decision with Justice Kagan writing for the...
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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...
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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,...
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Artists and Auction Houses Declare Victory Over California Artists’ Resale...
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...
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SoundExchange to Audit Pandora and Others to Ensure Accurate Reporting of...
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...
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Return to Sender: Elvis Presley Enterprises All Shook Up Over Rejected...
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...
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Paul McCartney Refuses to Let It Be and Launches Effort to Reclaim Copyrights...
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...
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