Music Industry

News & Analysis as of

A Lesson from Taylor Swift on the Power of the Op-ed

Taylor Swift surprised the world yesterday when she dropped her first op-ed. News of the lyricist’s piece spread like wildfire generating more than 150 comments on The Wall Street Journal website, in addition to more than...more

Department of Justice Opens Review of ASCAP and BMI Consent Decrees

The Antitrust Division of the Department of Justice this month announced that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in comments...more

Sports, Media and Entertainment Intelligence - June 2014 (Global)

CONSUMER AND DATA PROTECTION - Italy: New rules on cookies and Internet profiling! - The Italian Data Protection Authority has issued its decision on the “simplified information notice and cookie consent”"....more

DOJ Revisits Music Royalty Consent Decrees

From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to a system that has been...more

When Judges Met Jazz: The First Decade Of Jazz Law

In honor of African American Music Appreciation Month, sometimes known as Black Music Month, we recall the first judicial decisions in which jazz music was the subject of a legal dispute. Although jazz originated in the late...more

Germany: Collecting society’s payout to publishers highly disputed

On 13 May 2014 the District Court of Berlin (16 O 75/13) rejected a claim brought by a songwriter and a composer against a collecting society’s payout to music publishers. The claim was directed at a declaratory judgment that...more

European Council adopts directive on the collective management of copyright and multi-territorial licensing of online music

On February 20, 2014, the European Council adopted a directive on the collective management of copyright and multi-territorial licensing of online music (the “Directive”). The two principal aims of the Directive are...more

Recent Copyright And Trademark Administrative Developments

Some recent administrative developments may be of interest to copyright and trademark practitioners: Copyright Fees - Effective May 1, 2014, the U.S. Copyright Office has amended its registration fee schedule. This...more

Pringle v. Adams - USCA Ninth Circuit, February 21, 2014

In October 2010, Bryan Pringle sued The Black Eyed Peas, music producers David Guetta and Fred Riesterer, and their respective music publishers and record companies for copyright infringement. Pringle claimed that The Black...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February, 10 2013: Baldwin v. EMI...

District court holds that EMI owns copyright to “Santa Claus Is Comin’ to Town” until 2029, finding that grantors’ termination attempts were invalid for failure to record termination with Copyright Office under 1976 Act. ...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): The Blurred Lines of...

Robin Thicke’s massively popular and controversial “Blurred Lines” song has captured much public attention, including the attention of the family of Marvin Gaye who accused Thicke of using elements of Marvin Gaye’s song, “Got...more

US: Will you be “Sorry for Party Rocking” if you are liable for copyright infringement?

William L. Roberts II, aka hip-hop rapper Rick Ross, singer of 2006 number 1 ?Hustlin’” filed a claim for copyright infringement in the United States District Court for the Southern District of Florida against brothers Stefan...more

The Simon-Sting Tour And New Information In Your Compliance Program

This past weekend I saw the first show in a multi-city tour by Sting and Paul Simon. I have never been a big Sting or Police fan but I am a huge Paul Simon fan, in all his musical incarnations. As it was their first show,...more

And the Grammy for Most Likely to Receive a DMCA Notice Goes to…

Last Sunday was “Music’s Biggest Night,” at least according to the National Academy of Recording Arts and Sciences (NARAS). I haven’t watched many Grammy Award shows, but the possibility of seeing Paul McCartney and Ringo...more

Annual Minimum Webcasting Royalty Fees Due Jan. 31, 2014

Broadcasters and others who stream music on the Internet must pay their minimum annual webcasting copyright royalty fees to SoundExchange by Jan. 31, 2014. These webcasting fees are in addition to public performance...more

Beastie Boys Sue; Law Prof's 'Head Spins' [Video]

Dec. 16 (Bloomberg) -- The Beastie Boys are no strangers to taking other people's music and creating something new. They're also no strangers to being sued for it. It was unusual, however, when someone took their music...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 13, 2013

Herb Reed Enters., LLC v. Fla. Entertainment Mgmt., USCA, Ninth Circuit, December 2, 2013 - Ninth Circuit reverses district court’s ruling that enjoined entertainment company from using “The Platters” mark for vocal...more

Goldieblox, Inc. v. Island Def Jam Music Group, et al.

Complaint for Declaratory Judgment and Injunctive Relief

An action for declaratory and injunctive relief to establish the rights of a toy company, GoldieBlox, in connection with a parody video set to the tune of the Beastie Boys’ song “Girls.”...more

Business Law Newsletter - November 2013

In This Issue: - False Notes in the Music Industry: Fiduciary Duty of Business Partners - Bankruptcy and Government Contractors - “I Have a Registered Trademark, Now What?” 3 Steps to Monitor and Enforce Your...more

False Notes in the Music Industry: Fiduciary Duty of Business Partners

A “fiduciary duty” is imposed by law upon parties with certain relationships dependent on a high level of trust and confidence. According to the Supreme Court of Virginia, a fiduciary relationship is established “whenever a...more

Facing the Music

Every so often I notice a news item about a lawsuit being brought by ASCAP or BMI to enforce their music licensing rights against some small bar or restaurant. ASCAP ( American Society of Composers, Authors and Publishers)...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013) - The Blurred Lines of What...

Pop singer Robin Thicke’s megahit “Blurred Lines,” featuring Pharrell and T.I., set records in 2013 by spending sixteen weeks as the number one single on Billboard’s Hot R&B/Hip-Hop Songs chart, topping the Billboard Hot 100...more

Green Day Leaves Street Artists Screaming

Gone are the days where live music performances consist solely of flashing lights, backup dancers and pyrotechnics. Today’s artists utilize massive video screens to coordinate descriptive images with their music. The...more

Southern District of New York Holds Music Publishers Cannot Selectively Withdraw New Media Rights from ASCAP's Repertory

On September 17, 2013, the United States District Court for the Southern District of New York held that the consent decree entered into by and between the American Society of Composers, Authors and Publishers (ASCAP) and the...more

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