The Copyright Office Wednesday proposed three rulemakings and a notification of inquiry on the Music Modernization Act (see 2001080042). The CO sought comment in September. The first proposed rule is on license notices, data collection, usage reports, digital music provider payment, “notices of nonblanket activity and reports of usage by significant nonblanket licensees, and data collection efforts by musical work copyright owners.” Another concerns mechanical licensing collective obligations to “report and distribute royalties paid by digital music providers under the blanket license to make and distribute digital phonorecord deliveries of musical works to musical work copyright owners.” Comments on both items are due May 22. The third proposed rule defines confidential information and categories of permitted disclosure and use of information by MLC staff and members. Comments are due June 8. The NOI seeks information about MLC transparency and “the collective’s public musical work database, database access, and database use.” Those comments are due June 8.
Sony Music Entertainment and Warner Music Group don’t have arrangements with radio stations for song placement or air time, the record labels told FCC Commissioner Mike O’Rielly in letters responding to his inquiry on payola (see 2001210065). O’Rielly shared the responses on Twitter, and said he will post a response from Universal once protections for confidential information are worked out. Universal’s response is expected to be similar. Sony and Warner told O’Rielly they weren’t aware of any payola arrangements and they comply with federal payola laws. "If people have credible, tangible facts disputing responses, please let me know,” tweeted O’Rielly. The commissioner indicated he may seek to relax regulations against payola (see 1911150054) but said Tuesday the issue is “not a priority given COVID-19.”
Video piracy is growing during the pandemic and could continue to rise, especially because video demand is high and new content lacking, blogged Irdeto Vice President-Cybersecurity Services Peter Cossack Tuesday.
CTA’s application to register the NEXTGEN TV logo as a certification mark for ATSC 3.0-compliant TVs (see 1909260021) cleared its 30-day publication window in late March with no oppositions filed, said a notice of allowance (NOA) released Tuesday at the Patent and Trademark Office. The NOA gives CTA until Oct. 21 to file a statement of use (SOU) if it’s using the NEXTGEN TV mark in actual commerce. That's the final step before PTO can issue a registration certificate. Several TV models introduced at CES with 3.0 reception (see 2001060019) have arrived at retail, but with many stores closed or relegated to curbside pickup, TV makers are unable to promote the feature. CTA also can file for an SOU extension by Oct. 21 and do so every six months for up to three years. Oct. 21 happens to fall on the scheduled opening day of the two-day NAB Show New York event at the Javits Convention Center.
The Patent and Trademark Office’s decision to hear an inter partes review challenge isn’t reviewable on appeal, the Supreme Court ruled 7-2 Monday, siding with PTO. Justices Neil Gorsuch and Sonia Sotomayor dissented in Thryv v. Click-to-Call (18-916). Click-to-Call argued that courts should be able to review circumstances involving time limits for certain patent reviews. The case pertains to 35 U.S.C. §315(b). “Allowing §315(b) appeals would waste resources" spent on resolving patentability and would leave “bad patents enforceable,” Justice Ruth Bader Ginsburg wrote for the majority. Gorsuch said the decision “carries us another step down the road of ceding core judicial powers to agency officials and leaving the disposition of private rights and liberties to bureaucratic mercy.” The court let the agency override one of the America Invents Act’s “express limits on agency authority,” Click-to-Call attorney Daniel Geyser emailed. “It’s now a question for Congress to restore the judiciary’s traditional role in reviewing agency action and saying what the law is.”
ICANN should "reject the transfer of control over the .ORG registry to Ethos Capital," California Attorney General Xavier Becerra (D) said Thursday in a letter to the ICANN board and CEO. The AG's office, which is charged with supervising charitable trusts in the state, investigated ICANN and its role in approving the sale by the Internet Society of the Public Interest Registry to Ethos (see 2003090027). If Ethos is permitted to buy PIR, "it will no longer have the unique characteristics that ICANN valued" when it chose PIR as the nonprofit to run the registry, Becerra wrote. He accused the parties of failing to respond to some questions from ICANN, the public and the internet community, including queries about PIR's financial picture after the sale and the sale process itself. The absence of critical information is "troubling given the unique nature of the .ORG community," he said: ICANN must exercise its authority to withhold approval."
DOJ shouldn’t allow any large-scale deal between Liberty Media and iHeartMedia, said the Open Markets Institute and other groups Wednesday. “Any such deal would harm American journalism by further concentrating power in local radio markets nationwide.” It would “likely lead to further cutbacks in America’s local newsrooms, just as the COVID-19 crisis is leading to large and growing job losses.” The companies didn't comment right away. Others expressing similar are the Artist Rights Alliance, Center for Digital Democracy, Institute for Local Self-Reliance and Public Citizen. Such a transaction would also harm advertisers and performers, OMI said. “Further concentration in local radio markets likely would mean fewer broadcast outlets, which would reduce artist incomes.” OMI wants a “merger moratorium” during the pandemic.
DOJ components can retain investigation-related data intercepted and collected from drones for no longer than 180 days, Attorney General William Barr said Monday. Officials can share the data and communications if it supports investigations and other law enforcement agencies like DOD and the Homeland Security Department, the guidance said. It outlines how department components can request “designation of facilities or assets for protection” under the Preventing Emerging Threats Act.
Oral argument is April 22 in Independent Producers Group appeals of Copyright Royalty Board distribution of 2004-2009 cable and 1999-2009 satellite royalties, ordered the U.S. Court of Appeals for the D.C. Circuit Thursday (docket 18-1337, in Pacer). Judges are Thomas Griffith, Cornelia Pillard and Laurence Silberman.
Replies to the Copyright Office review of online publication are due June 15, the CO said Thursday, extending the previous March 19 deadline that itself had been delayed from March 3. The office is considering “whether and how to amend its registration regulations and other considerations relevant to ensuring continued thorough assistance to Congress.”