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: