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Webcaster Royalty Rates Rising
Licensing requirements and royalty rates for online uses of music are undergoing sweeping changes ' spurring litigation, appeals and even legislation in Congress. As a result, Webcasters are scrambling to re-evaluate and redirect their business models, as they may soon be forced to pay for huge increases in royalties to recording artists.
The controversy began in March, when the Copyright Royalty Board ('CRB') created a new royalty payment scheme under which Webcaster payments would be based on a 'per-performance' calculation rather than the 'aggregate tuning hours' basis more commonly used in the past. The board also set royalty rates through 2010 at significantly higher levels than in the past. Although this decision was met with fierce opposition from Webcasters, the board denied all requests for reconsideration and rehearing. Despite this ruling, the CRB created an optional transition period during which Webcasters may make limited use of the aggregate tuning hours option, and extended the date on which the new royalties become effective to July 15. In the weeks surrounding this deadline, both sides took an active role in renewed litigation in court, pending legislation before Congress and ongoing settlement negotiations. The payment due date has passed, however, and the outcome of this controversy is still uncertain.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.