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Litigation

Federal judge rules in favour of two distinct rate proceedings for ASCAP and BMI

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Federal judge John Cronan, from the US District Court in the Southern District of New York, has ruled that there should be two separate rate-setting proceedings for the period 2022-2026 applied to rights societies ASCAP and BMI. 

The decision was a blow to efforts made by the Radio Music License Committee (RLMC), which negotiates rates for the use of music on behalf of commercial radio stations, to combine the rate setting for both societies under one single proceeding. Already in May, Distr...

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Emmanuel is a Washington, DC-based freelance journalist, blogger and media consultant, specialising in the entertainment business and cultural trends. He was the US editor for British music industry trade publication Music Week. Previously, he was the editor of Impact, a magazine for the music publishing community (2007-2009), the global editor of US trade publication Billboard (2003-2006), and the editor in chief of Billboard’s sister publication Music & Media (1997-2003).

Creative Industries

Sony Music sues Marriott over the unlicensed use of 931 songs in advertisements on social media

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Sony Music Entertainment has filed a lawsuit against Marriott International in the United States District Court for the District of Delaware in which it accuses the hotel chain of "rampant infringement" for the unlicensed use of 931 songs featured in advertisements for the brand on social media.

Sony Music said that in January 2020, it notified Marriott that "many of the Marriott Social Media Pages included videos using, without authorizsation, copyrighted sound recordings owned and/or cont...

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Collective Management Organisations

The MLC sues Spotify for unpaid mechanical royalties following the introduction of new bundles providing access to audiobooks

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The Mechanical Licensing Collective (The MLC), which administers the blanket compulsory license for the use of musical works by digital music services in the United States, has filed a lawsuit against Spotify USA Inc. in the United States District Court for the Southern District of New York.

The MLC alleges that Spotify has introduced new offerings that the streaming service qualified as bundles, thus leading to what The MLC believes are underreported mechanical royalties. The MLC seeks corr...

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Copyright & Regulation

TikTok sues US government over legislation forcing the platform to change ownership

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TikTok's parent company ByteDance has started legal proceedings to challenge in court the legislation known as the Protecting Americans From Foreign Adversary Controlled Applications Act, recently adopted by Congress and signed into law in April 24 by President Joe Biden, that will force ByteDance to divest from the short format social network within 270 days or face a ban. TikTok has 170 million users in the US.

ByteDance has filed a 67-page lawsuit with the United States Court of Appeals ...

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