Colbert ‘Charlie Brown’ Joke Conjures Untested Copyright Theory; Bloomberg Law, May 29, 2026

 Kyle Jahner, Bloomberg Law; Colbert ‘Charlie Brown’ Joke Conjures Untested Copyright Theory

"But use of the music also touches on issues involving “synchronization rights"—a separate right to use music that appears in an audio-visual work.

The concept arose from a 1948 New York federal court case describing the form of copyright movie studios acquired in order to use music in their films. Theaters didn’t have to separately pay the performance rights organization for the right to use the songs on top of rights to play the movie because the movie producer already had paid for the right to incorporate the music into their work, the court said.

How exactly that right relates to taped television performances and rebroadcasts on TV and online isn’t well-tested. 

John Simson, a professor of IP law at American University, said there’s a broad assumption that a sync license is required to do virtually anything with a taped performance.

“Publishers in the US have taken the position that it’s a sync even if you just show video of a performance,” said Simson, former executive director of sound recording rights clearinghouse SoundExchange. “I don’t really agree with that.” 

“No one’s really gone to the mat on that” by taking a case far enough to set precedential boundaries for what kinds of re-uses of already-licensed works require a distinct sync license, he said."

Peloton owners are pissed about bad music after copyright lawsuit; The Verge, April 24, 2019

Natt Auran, The Verge; Peloton owners are pissed about bad music after copyright lawsuit

"The changes in music selections resulted from a lawsuit Peloton faced last month, when the company was sued by members of the National Music Publishers Association (NMPA) for failing to obtain a sync license to use some labels’ musical work in their exercise videos. Peloton customers now say they have noticed a significant downgrade in music quality, with remixed versions of a popular song instead of an original, or limited song variety from an artist. Users also note that classes they’ve favorited have disappeared from the catalog, since they contain songs that were named by the lawsuit as having violated copyrights...

It may seem silly to lament over music selections in an exercise class, but it’s an issue that fitness companies may increasingly face as they transform from traditional health companies into media publishers. Let’s face it: working out can be boring, and people are willing to pay top dollar to have someone yell at us while sweating to the latest Migos track. Combine that with the flexibility to exercise in your own home on your own time and it’s a revenue strategy that has helped brands like Equinox, Pure Barre, SoulCycle, and Physique 57 tap into a demographic that previously found the studios inaccessible. Even companies like ClassPass and Fitbit have also expanded beyond their initial product of a subscription service and fitness trackers, offering their own guided fitness sessions for $8 to $15 a month.

But as fitness companies dabble in media creation, they’re also navigating into the pains of becoming an entertainment company."