Music Industry

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Manatt Digital Media - January 2015

Welcome to MDM Newsletter #5—and to an entirely new year of Digital Media machinations. What better way to start the year than first recapping the last one—then predicting major themes for 2015—and then ending things up with...more

The New Private Copying Exception: The UK Music Industry Wants to be Paid for It

Three UK music industry organisations, the Musician’s Union, the British Academy of Songwriters, Composers and Authors, and UK Music, have recently launched a legal action seeking leave to apply for judicial review of the...more

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

BRAND REPUTATION - Global: How to protect brand reputation and sales from the risks associated with a product recall - The power of regulatory authorities to order product recalls is growing, meaning that it is more...more

UK: Copyright- Music industry seeks review of law allowing fans to copy music

The UK Government is facing a Judicial Review challenge over a failure to include compensation provisions in the recently introduced private copying exception to Copyright....more

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

Manatt Digital Media - November 2014

Cutting of the Cable Bundle, NOT the Cord—Welcome to “The Great Unbundling” - 2014 is a transformative year for the media business. We will look back several years from now and fully realize this. First, anyone...more

Gaye Don't Got To Give It Up

Years before I was a lawyer, I saw Vanilla Ice on The Tonight Show. Jay Leno asked whether his song, Ice Ice Baby (listen to seconds 8-24) sounds like David Bowie’s Under Pressure (listen to seconds 9-20). I’ve not seen a...more

Ginuwine Concerns for Management Contracts

Elgin Baylor Lumpkin (the performing artist better known as “Ginuwine”) is being sued by his former manager. For those familiar with the R&B star, one could make the (terrible) pun that he is being asked to “Pony” up dough...more

Managing Your Online Content and Website

A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES - Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile...more

A Familiar Riff: Gibson's Trade Dress Application Once Again Asks Whether a Guitar Body Shape Can Indicate Source

In the same way that Rock and Roll will never die (according to Neil Young) it would appear that battles over the protection of trade dress embodied in the shape of guitars will likewise never die. In the latest installment...more

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014 : District court grants partial summary judgment in favor of plaintiff on copyright claims against Sirius XM Radio, holding that...more

Music videos have been a grey area when it comes to certification and age ratings. The Lines have been Blurred, if you will…

The British Board of Film Classification (BBFC) has been certifying theatrical films since 1912 (though in actual fact the ultimate power over a film’s classification in any particular cinema lies with the local authority who...more

Turtles Quick to Leverage SiriusXM Decision in New Suit Against Pandora

Any child familiar with Aesop’s Fables can tell you that turtles are slow. The founding members of the 1960s rock band named after these half-shelled plodders, however, were anything but slow in moving to take full advantage...more

SiriusXM and Pre-1972 Recordings Not So Happy Together

Debate over the most influential band from the 1960s will generally include names like the Beatles, the Rolling Stones, and Led Zeppelin, but a lesser-known act from one of music’s greatest eras, the Turtles, may have just...more

SiriusXM and Pre-1972 Recordings Not So Happy Together

The two founding members of the Turtles just prevailed in a lawsuit against SiriusXM sure to rock the music industry and, perhaps, take a lot of music out of circulation....more

Trademark Review - La Quinta Hotels, Kia, and Fab Again (September 2014)

Co-Existence Outside of the U.S. Might be Relevant to Obtaining a Permanent Injunction in U.S. La Quinta has operated LA QUINTA hotels and motels in the United States since 1968. Quinta Real operates QUINTA...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Summer 2014 - Vol. 12, Issue 3

In This Issue: - The Analysis for Design Patent Infringement Post-Egyptian Goddess - Supreme Court Issues Decision in Alice Corp. v. CLS Bank - Capitol Records, LLC v. Pandora Media, Inc.: Future of...more

Capitol Records, LLC v. Pandora Media, Inc.: Future of Digital Music May Depend on State Copyright Protection of Pre-1972 Sound...

Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion...more

Stop the Music (or Be Vicariously Liable)

Broadcast Music, Inc., et al v. Meadowlake, Ltd. - The U.S. Court of Appeals for the Sixth Circuit found a restaurant owner personally liable where the restaurant played recorded and live music without authorization,...more

Suing to the Oldies

I’m listening to my Classic Rock station on Pandora, and Keith Richards’ timeless guitar licks begin to blast from my laptop speakers. I instinctively pick up my air guitar and start to wail. Mick comes in: “I. Can’t. Get....more

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

BROADCASTING - US: Following loss before the Supreme Court, Aereo “astonishes” broadcasters with new legal strategy - New York-based Aereo asserts in federal district court that it is entitled to a compulsory license...more

Tariffpalooza 2014

Summer 2014. The living is easy; the Copyright Board is certifying tariffs at a furious pace. As we noted back in May 2014 (Towards Certainty on Webcasting – Re:Sound Tariff 8 Certified), the Board certified Re:Sound...more

UK anti-piracy campaign set for launch

In an effort to combat digital piracy, the film and music industries have reached an agreement with the UK’s leading ISPs to launch the ‘Voluntary Copyright Alert Programme’ next year. The programme will send up to four...more

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

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