Job Opportunity for Mid-Level Copyright Litigation Associate

Copyright SymbolThe New York Office of Arent Fox LLP is seek­ing a 3rd – 5th year copy­right / trade­mark lit­i­ga­tion asso­ciate for its intel­lec­tual prop­erty prac­tice group. The ideal can­di­date will have sig­nif­i­cant expe­ri­ence in copy­right lit­i­ga­tion and coun­sel­ing. Addi­tional expe­ri­ence in enter­tain­ment (espe­cially music), roy­alty rate-setting lit­i­ga­tion, inter­net, media, tech­nol­ogy, and/or trade­mark law is desir­able. The suc­cess­ful can­di­date will join a grow­ing and col­le­gial copy­right and enter­tain­ment prac­tice. Can­di­dates should pos­sess strong time man­age­ment skills and the abil­ity to work suc­cess­fully on a team. Arent Fox LLP is an Equal Opportunity/Affirmative Action Employer.

ASCAP Rate Court Pandora Decision Reveals Publishers’ Abuse of Market Power

Judge using his gavelAs I noted in my ear­lier post, the pub­lic ver­sion of Judge Cote’s deci­sion in the ASCAP / Pan­dora rate court pro­ceed­ing was released today.  It is a remark­able and com­pre­hen­sive 136-page opin­ion, thor­oughly reject­ing all of ASCAP’s argu­ments for a rate increase, and keep­ing Pandora’s rate at 1.85% of revenue.

One of the most remark­able fea­tures of the deci­sion is its detailed look behind the cur­tain at the moti­va­tion and behav­ior of the with­draw­ing music pub­lish­ers.  [Read more…]

Full ASCAP Rate Court Pandora Decision Released

The pub­lic ver­sion of Judge Cote’s ASCAP Pan­dora rate deci­sion has been released.  Com­men­tary to fol­low, once I have had the chance to read, but here is the deci­sion for those interested:

Big Loss for ASCAP in Pandora Rate Case

Angry JudgeASCAP has suf­fered a sig­nif­i­cant defeat in its rate court lit­i­ga­tion against Pan­dora.  In that pro­ceed­ing, Pan­dora sought to have its cur­rent ASCAP musi­cal com­po­si­tion pub­lic per­for­mance license rate (1.85% of rev­enue) cut to the same 1.7% rate paid by ter­res­trial radio.  ASCAP, as it has in sev­eral recent dig­i­tal music rate cases, sought an increase to 3% of revenue.

[Read more…]

The Digital Music Performance Royalty Apocalypse: Fakler Speaking at SXSW Music Conference

SXSW2014I will be giv­ing a pre­sen­ta­tion titled “The Dig­i­tal Music Per­for­mance Roy­alty Apoc­a­lypse” at the SXSW Music Con­fer­ence next Wednes­day, March 12, at 2pm.   The title does not imply that my speak­ing at the con­fer­ence is, itself, a sign of the com­ing apoc­a­lypse.  Rather, I will be dis­cussing the his­tory, cur­rent state of affairs, and hot top­ics loom­ing in the next year, relat­ing to the var­i­ous copy­right license fees paid by dig­i­tal music stream­ing ser­vices.  Top­ics will include the upcom­ing Web­cast­ing IV Copy­right Roy­alty Board pro­ceed­ing, the “prob­lem” of pre-1972 sound record­ings, and the recent attempts by some of the major music pub­lish­ers to selec­tively with­draw their cat­a­logs from the ASCAP and BMI reper­to­ries for cer­tain dig­i­tal music ser­vice licensees only.

More info here:


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