Save the Date: MusicBiz Law & Tech: Buyer Beware: What does the legal future hold for TikTok?

Save the date! September 25, 2020 at 1:35 pm ET Chris Castle will moderate a panel for the Music Business Association Entertainment & Technology Law Conference, an online event. Registration is required at the even site.

Panelists are Rick Lane, CEO, Iggy Ventures, LLC, Gwendolyn Seale, Attorney, Mike Tolleson & Associates, David Sterns, Partner, Sotos Class Actions, and Trent Teyema, Principal, Global Threat Management and former FBI Special Agent.

The panel will cover:

1.  TikTok Data Functionality:  Trent and Chris

2.  The TikTok Executive Orders:  Rick and Chris

3.  Copyright Infringement on TikTok: Chris and Gwen

4.  Copyright Infringement Class Actions in the US and Canada: Chris and David

Facebook’s New Livestreaming Rules

[Editor Charlie sez:  This is a cut and past of the rules that Facebook posted here.]

Music Guidelines

These supplemental terms apply if you post or share any videos or other content containing music on any Facebook Products.
You are responsible for the content you post

People use our Products to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products.

Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.

You may not use videos on our Products to create a music listening experience

We want you to be able to enjoy videos posted by family and friends. However, if you use videos on our Products to create a music listening experience for yourself or for others, your videos will be blocked and your page, profile or group may be deleted. This includes Live.

Unauthorized content may be removed

If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized.

You may not be able to post or access videos containing music in every country of the world

We want you to be able to share videos with your family and friends wherever they are, but any music in your video, if it is allowed at all, may not be available in all countries of the world.

Press Release: @SoundExchange Praises European Union Court Decision On Equal Treatment for Creators

Sep 08, 2020

In Affirming “National Treatment” Principle, European Court of Justice Rejects Unfair Treatment of Music Creators Based on Nationality

Washington, DC – September 8, 2020 – SoundExchange praised the European Court of Justice’s ruling ordering European Union countries to treat music creators equally regardless of their nationality, recognizing this as an important milestone in the fight to ensure music fairness.

The ECJ ruling stemmed from a case in Ireland regarding whether US music creators should be paid royalties when their music is played on Irish radio or in places such as restaurants or bars. Some countries deny foreign music creators royalties for the use of their work even though royalties are otherwise paid to artists who are nationals of those countries.

The ruling has broad implications for music creators around the world. By adopting the principle of “national treatment” – that a country should provide foreign entities the same benefits and protections as it would its own citizens – the ECJ is setting the stage for all artists to be paid royalties when their music is played on EU radio broadcasts and public performances.

“Today’s decision by the European Court of Justice reflects a growing global recognition that countries should treat all music creators the same, regardless of their nationality. The ECJ reaffirmed equal treatment as a fundamental principle of how nations engage with one another,” said SoundExchange President and CEO Michael Huppe.

“We appreciate the leadership of Ireland’s RAAP in advancing the cause of fairness within the global community of music creators. We urge EU member states to quickly follow suit so that ALL musicians and labels, from whatever territory, can be properly respected for the benefits they provide beyond their home country,” added Huppe.

The ruling comes as the United States and United Kingdom undertake negotiations on a post-Brexit trade agreement. A broad spectrum of organizations representing artists, publishers, musicians and managers have urged negotiators to insist that national treatment be included in the final US-UK trade agreement.

Unfair treatment denies US music creators an estimated $330 million in direct global royalty payments a year. For more information on the Fair Trade of Music campaign, please go to www.fairtradeofmusic.com.

@Lucas_Shaw: Spotify Loses Joe Budden, Company’s First Big Podcasting Star

Budden says Spotify used him as a guinea pig for this larger strategy, and accused the company of not supporting him. “Spotify never cared about this podcast individually,” he said on his latest podcast. “Spotify only cared about our contribution to the platform.”

Read the post on Bloomberg

@SGAWrites and Society of Composers & Lyricists Proposal for Secret Deals

[Editor Charlie sez: Here’s an excerpt from the important joint comment by the Songwriters Guild and the Society of Composers & Lyricists to the Copyright Office about how to address the previously secret deals between digital music services and publishers (called the “Negotiated Agreements”. Read the full comment here.].]

With potentially hundreds of millions of dollars in songwriter and composer royalties at stake now and in the future, and in light of the profound lack of transparency surrounding these issues, we believe that the following questions should be openly addressed, answered and acted upon by the USCO as expeditiously as possible: 

(i) What do these individual, Negotiated Agreements actually state? 

(ii) What efforts (global and US) were undertaken by the DSPs and/or the music publishers to identify the true owners of the musical compositions that were the source of the unclaimed/unmatched royalties purportedly being dealt with in the Negotiated Agreements? 

(iii) Were the sums received by music publishers under these Negotiated Agreements (whether purportedly associated with unclaimed/unmatched royalties or not) ever shared with music creators, and if so, how? Put another way, what efforts were made to determine how music creators should share in these revenues? and; 

(iv) How do the provisions of the MMA (such as those that require mandatory accrual and turnover by the DMPs to the MLC of ALL unclaimed/unmatched royalties so that they may be researched for matching –and failing that effort– distributed according to the statutory provisions that protect music creator rights) apply to these royalties and Negotiated Agreements.