The U.S. District Court in New York mostly upheld its November ruling (see 1411170043) against SiriusXM on the question of the company's failure to pay performance royalties for pre-1972 sound recordings, said court documents filed Thursday. Judge Colleen McMahon didn’t enter a summary judgment ruling in favor of plaintiffs Flo & Eddie, but said she would provide such a ruling if the two performers proceeded “individually” and not as a “class representative.” Flo & Eddie will seek class-action certification; they have until April 3 to take such action, said Harvey Geller of Gradstein & Marzano, who represents the plaintiffs. McMahon said she agreed with SiriusXM that common law copyright damages could be recovered for only three years prior to a lawsuit, which, in the plaintiff’s case, would date to Aug. 16, 2010. Flo & Eddie had argued that such damages could be recovered up to six years before a suit. SiriusXM didn’t comment.
Copyright Royalty judges opened a comment period for proposed regulations on royalty rates and terms for the digital transmission of sound recordings by new subscription services and the creation of ephemeral recordings to facilitate such transmissions from Jan. 1, 2016 to Dec. 31, 2020, said a Federal Registernotice Thursday. Comments are due Feb. 17, it said. Performing rights organization SoundExchange and SiriusXM asked the judges to adopt the two sides' settlement on royalties for music services on cable and satellite-TV, covering a period of several years. Spotify was among those seeking to participate in the proceeding. The judges proposed a monthly payment of .0179 cents per subscriber to the subscription service of a licensee for a “stand-alone contract” in 2016; .0185 cents, 2017; .0190 cents, 2018; .0196 cents, 2019; and .0202 cents, 2020. For “bundled contracts,” the proposed rate is .0299 cents for 2016; .0308 cents, 2017; .0317 cents, 2018; .0326 cents, 2019; and .0336 cents, 2020.
The Patent and Trademark Office granted Rentrak a patent for detecting and correcting TV viewership levels caused by missing or dropped set-top box viewing information, the company said Tuesday. U.S. Patent No. 8,930,978 “minimizes” the impact of outages that operators experience, Rentrak said. The patent “should give our clients continued confidence in our commitment to the best television measurement from massive and passive databases," Rentrak CEO Bill Livek said in a news release.
Recent attempts to link stolen MPAA copyright-related documents via the Sony Pictures Entertainment data breach with web censorship are “intentionally and cynically misleading,” Lawrence Spiwak, president of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, said in an op-ed for The Hill Thursday. The stolen copyright documents, which purportedly showed collaborative efforts between the entertainment industry, law firms and ISPs, provoked accusations from the Electronic Frontier Foundation and other groups that the former parties were seeking measures similar to the failed Stop Online Piracy Act (see 1412170050). “Adhering to the old political adage that you never let a serious crisis go to waste, we now see the anti-copyright crowd cynically attempting to use this attack as an excuse to weaken efforts to combat online piracy,” Spiwak said. “Seeking to pursue all lawful means to protect valuable intellectual property is not the moral equivalent of Web censorship,” he said. The Sony documents show that MPAA and other movie studios “are still pursuing the goals of SOPA,” Mitch Stoltz, EFF staff attorney, said in an interview. “That was true before the Sony hack and it’s true now,” he said. Spiwak’s argument is “typical” of those who defend MPAA’s “censorship strategy,” in that they usually fail to “wrestle with or acknowledge the harms that come with more draconian” copyright enforcement, Stoltz said. “Examples abound” of copyright being used to “suppress speech on the Internet for any number of illegitimate reasons,” he said. “That’s the definition of censorship.”
Apple-watchers spotted a new U.S. patent (8,922,530) filed in January 2010 and granted Tuesday for a “communicating stylus,” and it has many guessing that this may mean that an iPen smart pen device is on the horizon. A close read of the patent listing Aleksandar Pance, of Saratoga, California, as the inventor and Apple as the assignee confirms that Apple is talking about an electronic pen that captures handwriting or drawing, on any surface or in 3D space, and sends it to a computer for display on a screen. But that same close read also reveals a marked shortage of hard technical facts on how this is actually achieved. The Livescribe family of pens already offers very accurate handwriting capture, but specialized paper is needed. The paper has micro-marks on the surface that form a near-invisible map. An infrared light sensor in the pen uses the map to keep accurate track of its movement over the paper. In the patent, Apple says this approach is a “problem” and aims for “a stylus that can enter data into a computing device, regardless of the surface with which it is used.” The Apple stylus will contain a “position sensing device such as an accelerometer,” which tracks position “with respect to an initial or zero point,” the patent says. This sounds similar to the error-prone “dead reckoning” used by navigation systems before GPS became available. Apple’s patent documentation offers little help on how accuracy will be improved sufficiently to capture handwriting legibly, other than to suggest the use of multiple sensors and “time stamped” radio or sonic waves, with or without “triangulation” and with or without a magnetometer to register “magnetic north.” Apple representatives didn’t comment.
DTS added Google’s Songza to the roster of streaming music services for its Play-Fi music platform, it said Monday. Play-Fi also offers music streaming from Deezer, Pandora, SiriusXM and others. Hardware brands with Play-Fi systems include Definitive Technologies, Phorus, Polk Audio and Wren Sound.
The U.S. Court of Appeals for the D.C. Circuit affirmed a statutory royalty rate decision by the Copyright Royalty Board, in a ruling Friday. The court denied appeals by SoundExchange, which said the CRB’s rates and terms for satellite digital audio radio services and pre-existing subscription services (PSS) were too low. Music Choice and SiriusXM also appealed the 2-year-old decision, saying the rates were too high. “For Sirius XM, the rates set by the decision increased from 9% [of gross revenue] in 2013 to 11% in 2017, reflecting slight .5% rate increases each year during the term,” David Oxenford of Wilkinson Barker said in a blog post Monday. “The Music Choice royalty for PSS services went from a previously negotiated 7.5% up to 8% in 2013 and 8.5% of gross revenues through 2017,” he said. The court also decided to “leave in place the CRB’s determination that Sirius XM should be able to deduct from its royalty payments a percentage of its revenue equal to the percentage of pre-1972 sound recordings played by the service,” Oxenford said.
Copyright industries in the U.S. produced $1.1 trillion revenue in 2013, said a report released Wednesday by the International Intellectual Property Alliance. Copyright revenue was 6.71 percent of the U.S. economy overall in 2013, it said. “Core” copyright industries employed almost 5.5 million people, more than 4 percent of the U.S. workforce, said IIPA. The average earnings of those employees were 34 percent higher than other U.S. workers, it said.
A torrent search version of The Pirate Bay website was posted online Monday after being shut down by Swedish police last week (see 1412100031), said a tweet by isoHunt, a peer-to-peer file sharing and search site. The Pirate Bay site thanked its users, saying, “We really appreciate all your efforts to help us save the Freedom of information on the Internet.” A Swedish court found some of The Pirate Bay's operators guilty of mass copyright infringement in 2006. IsoHunt didn’t comment.
The Copyright Office will have three rounds of public comment on proposed exemptions under Section 1201 of the Digital Millennium Copyright Act, said a Federal Registernotice Friday. Section 1201 allows the Librarian of Congress to exempt certain works from prohibitions against the circumvention of technological measures that control access to copyrighted works. Comments from parties that support or remain neutral on the proposed exemptions are due Feb. 6; responses opposing such exemptions March 27; replies May 1.