Posts Tagged ‘broadcast law’

    New Wrinkle in Pre-1972 Sound Recording Cases – Georgia Supreme Court Holds that iHeart Streaming Does Not Violate State Criminal Statute

    The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording. While many trade press articles have lumped this decision in with the ongoing litigation about the public performance right in pre-1972 sound recordings, this case is actually dealing with a different issue – and does not even mention the words “public performance” that were the center of debate in the Flo & Eddie cases against Sirius XM and Pandora, leading to the decisions that we wrote about in New York ( here and here ), California ( here ), and Florida ( here ). What is at issue in the Georgia case is a criminal statute similar to those found in many states that prohibits the unauthorized transfer of various recordings, including pre-1972 sound recordings, without permission of the owner of the master recording

    Commissioner O’Rielly Backs Further Review of Impact of New Law Requiring the Lighting of Short Communications Towers

    Last year, we wrote about legislation adopted by Congress telling the FAA to adopt rules to require the lighting of towers less than 200 feet tall located in rural areas .  That legislation was designed to protect aircraft used for agricultural purposes like crop-dusting from collisions with such towers.  The law surprised most of the broadcast industry as it was slipped into legislation dealing with other issues without any real notice or debate.  Many in the communications industry wondered if the costs of implementing this rule was really justified by the harms it prevented.  The questions raised by broadcasters and other communications users received support in a blog post on the FCC blog, here , from FCC Commissioner Michael O’Rielly, who raised questions about whether the facts about communications towers had been fully considered when the legislation was adopted.

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