The Office of the U.S. Trade Representative seeks comment by Oct. 1, rebuttals by Oct. 15 on "notorious markets" for intellectual property theft for its annual list, USTR said in Thursday's Federal Register on docket USTR-2018-0027.

Songwriters and a performing rights organization put their differences aside Thursday and endorsed a controversial proposal to amend landmark music copyright legislation (see 1807250037). The Nashville Songwriters Association International (NSAI) and the Songwriters of North America (SONA) initially opposed a proposal supported by SESAC and Texas GOP Sens. Ted Cruz and John Cornyn to amend the Mechanical Licensing Collective portion of the Music Modernization Act. The MLC would establish a royalty payment database governed by a board of publishers and songwriters with oversight from the Copyright Office. Cruz and Cornyn spoke against government eliminating private vendors like SESAC from participating in the music market. With songwriters and streaming services apparently unwilling to pay potential added costs from the amendment, NSAI and SONA accused SESAC and its parent Blackstone of introducing a poison pill in a greedy political play to save SESAC’s mechanical rights arm the Harry Fox Agency. The groups, along with the National Music Publishers’ Association, announced joint endorsement of the amendment proposed by Cruz and Cornyn. The provision would “ensure private vendors can continue to participate in the music market, maintaining competition which is beneficial to songwriters and producers,” said the groups. “We share a collective responsibility to help ensure that the MMA benefits all stakeholders in the industry and look forward to the Senate’s consideration of the bill,” said SESAC CEO John Josephson. “We are pleased to have put our differences behind us and support this bill in unanimous harmony,” said NSAI.

TVEyes is taking its legal fight with Fox to the Supreme Court and asking for more time to do so. In an application Wednesday to extend time to file a petition for writ of certiorari, TVEyes asked Justice Ruth Bader Ginsburg -- as circuit justice for the 2nd Circuit Court of Appeals -- to move its petition deadline from Aug. 13 to Sept. 12. It said the case "presents an exceptionally important question" about the Copyright Act's fair use defense -- especially the fourth fair use factor, dealing with the effect of the use on a potential market for, or value of, a copyrighted work. It said the 2nd Circuit's decision earlier this year reversing a lower court decision that some TVEyes functions constitute fair use (see 1802270025) conflicts with prior Supreme Court and other appellate court decisions rejecting the idea market harm can be presumed from a copyright defendant's commercial success. It also said the 2nd Circuit decision is in conflict with the Supreme Court and other appellate courts in saying Fox can "control a market that enables criticism of and commentary on Fox" and let a copyright owner pre-empt the exploitation of a transformative market. Fox didn't comment Thursday.

The Senate should pass the Music Modernization Act without a controversial amendment floated (see 1807250037) by Texas GOP Sens. Ted Cruz and John Cornyn, said broadcaster associations from all states, Washington, D.C., and Puerto Rico Wednesday. The bill, which passed the House and the Senate Judiciary Committee unanimously, “reflects historic consensus” by every group from songwriters to record labels, streaming services and broadcasters, they wrote Majority Leader Mitch McConnell, R-Ky., and Minority Leader Chuck Schumer, D-N.Y.

Issues raised by Texas Republican Sens. Ted Cruz and John Cornyn and backed by performing rights organization SESAC could jeopardize Senate passage of the Music Modernization Act, said observers Tuesday. Cruz and Cornyn during markup (see 1806280062) voiced concern about the bill’s mechanical licensing collective (MLC), which would establish a royalty payment database overseen by the Copyright Office, precluding private entities from competing. Two experts said SESAC is concerned the new framework could put its Harry Fox Agency, which collects and distributes money to music rights holders, out of business. BMI said in a statement Tuesday it’s disappointed “last minute asks” could threaten the legislation: “We hope that the parties currently in disagreement can work together to resolve their issues, allowing this important piece of legislation to move forward.” SESAC is “committed to working towards a version of the Music Modernization Act that retains all of the benefits for writers, publishers and [demand-side platforms] and which will move music licensing into the 21st Century while supporting a competitive market in music rights administration,” a spokesperson said.

The Senate Judiciary Committee should advance the Music Modernization Act (S-2823) Thursday during markup (see 1806210043), said Internet Association CEO Michael Beckerman. “Bring mechanical licensing out of the era of player pianos and into the digital age,” Beckerman said Wednesday. “The entire music ecosystem will benefit from the increased choice and availability of music under the new system created by the MMA.”

Sen. Ron Wyden’s. D-Ore., music copyright bill would “undercut the goals” of legislation the Senate is considering, “cutting compensation for the older artists that it is expressly designed to benefit” (see 1805300040), groups wrote the Senate Wednesday. The American Federation of Musicians, Content Creators Coalition, Future of Music Coalition, The Living Legends Foundation, The Recording Academy, The Rhythm & Blues Foundation and the Screen Actors Guild-American Federation of Television and Radio Artists announced their support for the Music Modernization Act as introduced. “We urge you to pass the CLASSICS Act as part of the Music Modernization Act (HR-5447) and reject proposals that would undermine the legislation’s core purpose,” they said, referring to the Compensating Legacy Artists for Their Songs, Service and Important Contributions to Society Act (HR-3301)

The Senate should pass the Music Modernization Act (S-2823), wrote House Republicans, Majority Leader Kevin McCarthy, Calif., Judiciary Committee Chairman Bob Goodlatte, Va., and Doug Collins, Ga., Monday on FoxNews.com (see 1805250036). Collins is lead sponsor of companion legislation that passed his chamber unanimously. “We are on the verge of a historic victory for American music creators, music distributors, and the public -- one that will help sustain the American music industry as it advances,” they wrote.

Specific elements in a TV show, other than the title, can receive trademark protection, the 5th U.S. Circuit Court of Appeals said in a docket 17-20334 opinion Tuesday, upholding a lower court decision in a trademark infringement case by Viacom against a company wanting to open a chain of Krusty Krab seafood eateries. Judges Thomas Reavley, Jerry Smith and Priscilla Owen, with Owen penning the decision, said Viacom hadn't registered the Krusty Krab trademark when appellant IJR Capital Investments did, but Viacom had a common law trademark. The Krusty Krab is the restaurant where Nickelodeon's animated character SpongeBob SquarePants works. The court pointed to 2nd Circuit and 7th Circuit decisions extending trademark protection to elements of particular franchises and said the Krusty Krab "is analogous to protected marks like [Superman's] the Daily Planet, [Dukes of Hazzard's] General Lee and Conan the Barbarian," especially because the Krusty Krab is integral to SpongeBob and there would be a strong likelihood of confusion among consumers. IJR outside counsel didn't comment Wednesday.

ASCAP distributed more than $1 billion to songwriter, composer and music publisher members in 2017, the performance rights group announced Thursday. With 660,000-plus members, revenue hit a record for a fourth straight year, up 8 percent as distributions grew 10 percent.