Music

News & Analysis as of

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

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

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

Aereo and Napster: Lessons in Licensing

As is increasingly reported, there is a battle raging in today’s marketplace between companies with new technology platforms and content creators from the entertainment community. On the one hand, are computer science...more

July 2014: Copyright Litigation Update

Courts Take More Expansive View of Copyright Fair Use. Due to increasing globalization and constant advances in technology, there exists today an unprecedented level of access to copyrightable material, which in turn has led...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

Leveyfilm, Inc. v. Fox Sports Interactive Media, LLC

U.S.D.C., Northern District of Illinois, July 8, 2014 - Fox Sports Interactive Media, LLC and related entities obtained summary judgment in copyright infringement action brought by owner of photograph used as album...more

IP Newsflash - June 2014 #3

Federal Circuit Reinforces the Requirement to Disclose the Corresponding Algorithm for a Computer-Implemented Means-Plus-Function Term: On June 13, 2014, the Federal Circuit affirmed the Western District of...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

Novel Copyright Action Involving Webcasting and Geofencing to be Decided in Harrisonburg

Radio stations that stream over the Internet typically have to pay performance royalties to the copyright owners of the songs that are being broadcast over the Internet. Last month, a group of radio broadcasters in Virginia...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

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

In Da (Trade Secrets Theft) Club: $15 Million Judgment Against Rapper 50 Cent

The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found. A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more

It’s a Mouse World After All

Deadmau5 (\’ded-mau's\; a.k.a. Joel Zimmerman) is a popular house music artist who performs wearing a mouse-like head covering called the mau5head. On Twitter he calls himself an “Event Driven Marketing specialist,” so I...more

Waking Up Talented Artists to a New Game

Perusing the New York Times last weekend, I came across an article entitled “Wu-Tang Clan Plans to Sell Just One Copy of a New Album.” Oh, so they are going to offer one download and watch it permeate the world virally?...more

Copyright Office to Study Music Licensing

The United States Copyright Office has announced the initiation of a study of the effectiveness of existing methods of music licensing. Three types of licenses were mentioned in the announcement: (1) compulsory licenses for...more

Purple Haze Lifted by Ninth Circuit Regarding Jimi Hendrix’s Post-Mortem Publicity Rights

In Experience Hendrix L.L.C. v. HendrixLicensing.com LTD, Nos. 11–35858, 11–35872 (9th Cir. Jan. 29, 2014), the Ninth Circuit Court of Appeals upheld the constitutionality of Washington State’s Personality Rights Act (WPRA),...more

Are You There, Copyright Office? It’s Me, First Circuit! Can Composers Deposit Infringing Musical Works In Place of The Original?

Copyright law usually has little patience for plaintiffs who don’t have a copy of their original work to deposit with the Copyright Office. For example, in Seiler v. Lucasfilm, a plaintiff who claimed to have created the...more

Experience Jimi Hendrix, Post-Mortem Publicity Rights - Experience Hendrix LLC et al. v. HendrixLicensing.com LTD et al.

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court’s ruling finding unconstitutional the provisions of the Washington Personality Rights Act pertaining to post-mortem publicity rights, qualified that...more

Collective Rights Management Directive Adopted by European Parliament

On 20 February 2014, the European Parliament adopted the collective management of copyright and related rights directive (Directive), which aims to make it easier for online providers to stream music in multiple EU countries....more

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