Bruce Joseph

Bruce Joseph, chair of the firm’s Copyright Practice, represents clients in connection with copyright litigation, music and sound recording licensing negotiations and litigation, copyright and digital content protection legislation, regulation and inter-industry activities, and copyright and trademark licensing and registration.

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Reminder: Streaming Radio Fees Due February 2, 2015

Posted in Broadcast Regulation, Copyright, Music Licensing
Broadcasters streaming music on the Internet have until February 2, 2015, according to SoundExchange, to pay the $500 annual minimum fee per station or channel due to SoundExchange.  The statutory license fee is paid to SoundExchange for the right to publicly perform sound recordings on the Internet and is in addition to fees paid to… Continue Reading

Supreme Court Sides with Broadcasters, Holding that Aereo Internet TV Service Infringes Public Performance Copyright Rights

Posted in Copyright
In a significant win for broadcasters, today the Supreme Court of the United States declared (6-3) in a broadly-worded ruling that transmissions of television programs by the Aereo Internet television service are “public performances” that infringe copyright owners’ rights under the Copyright Act.  In American Broadcasting Companies, Inc. v. Aereo, Inc. , the Court held that,… Continue Reading

DOJ Opens Review of ASCAP and BMI Consent Decrees

Posted in Copyright, Music Licensing
The United States Department of Justice has opened a review of the consent decrees that govern the operation of the nation’s two largest music performing rights organizations (“PROs”), the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI).  The Department is seeking public comments on the effectiveness, operation, and continued need… Continue Reading

Aereo Internet Television Service Shut Down in Tenth Circuit

Posted in Copyright, MVPD Regulation, Online Video
A Utah district court has issued an injunction halting Aereo’s operations in the Tenth Circuit until the U.S. Supreme Court tackles the copyright infringement issue later this spring in ABC v. Aereo.  The court also denied Aereo’s motion to transfer the case to a New York court, where it was successful in defeating the plaintiff… Continue Reading

Rate Court Agrees with Pandora and Invalidates Music Publisher Withdrawals of “New Media” Rights from ASCAP

Posted in Copyright, Music Licensing
The ASCAP Rate Court has ruled that the antitrust consent decree that governs ASCAP’s licensing practices (“AFJ2”) precludes ASCAP’s publisher members from withdrawing certain rights from ASCAP’s repertory.  The court granted Pandora’s summary judgment motion, holding that AFJ2 requires ASCAP to license all “works” in its repertory to any service that requests a license.  The… Continue Reading

Court of Appeals Rejects Fox’s Copyright and Contract Claims for Preliminary Injunction Against Dish’s Prime Time Anytime and AutoHop, But Leaves Open Issues of Contract Interpretation

Posted in Copyright
Dish Network has emerged victorious in its most recent legal battle with a broadcaster over its PrimeTime Anytime and AutoHop technologies.  In Fox Broadcasting Co. v. Dish Network, the United States Court of Appeals for the Ninth Circuit held that the district court did not abuse its discretion in denying Fox’s request for a preliminary… Continue Reading