Rulings in Artist, Producer Digital Royalties Cases
March 30, 2009
The federal jury verdict for Universal Music defendants, in a suit over digital royalties brought by a production company entitled to a share of rapper Eminem's royalties, was a loss for artists and producers seeking 50% of a label's net revenues from digital download and ringtone sales of the artist sound recordings.
Pat-Down Searches at California Events
March 30, 2009
Numerous live sporting events draw large crowds and now the music industry has increased its focus on income from the live performance sector, as recording sales have sharply decreased. These factors have brought the controversial issue of pat-down searches of attendees at live events to the forefront, especially in the era of fears of terrorist attacks. The California Supreme Court issued a ruling in March that these pat-down searches might violate the privacy rights of event attendees. The two articles that follow include a report on the court's ruling as well as on the oral arguments when heard by the California Supreme Court.
Music Fans May Help Settle the Score in <i>Satriani v. Coldplay</i> Infringement Suit
March 30, 2009
A recently filed music copyright suit in the U.S. District Court for the Central District of California ' <i>Satriani v. Martin</i>, ' has revealed a new and unexpected application for the Web, namely, its potential as a forum for infringement analysis by amateur musicologists. Long before any party to this litigation will be required to submit expert reports or summary judgment briefs, YouTube postings have offered remarkably insightful analyses of the strengths and weaknesses of the parties' respective cases.
Gripe Sites: Sue or Stew
February 26, 2009
Grip sites tell a business what some customers think, even though their opinions are not necessarily those that the business wants to hear ' and certainly not those that it would want other customers or potential customers to hear. They could serve as a warning system to companies that their products or services are not being well received and that they are suffering from bad word of mouth. Gripe sites also, theoretically, add to the public good as forums for discussion and create better-informed customers. But there are, or should be, many other and better ways to obtain this information, such as through a company's own Web site and toll-free customer service numbers.
Bit Parts
February 26, 2009
False Endorsement/No Preemption<br>Song Copyright/Implied License<br>Video-Game Statutes/Unconstitutionality
Assessing Challenge To Damages in File-Sharing Litigation
February 26, 2009
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the RIAA undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
Cameo Clips
February 26, 2009
COPYRIGHT INFRINGEMENT/RULE 12(b)(6) DISMISSAL<br>THEATRICAL OPTIONS/FUTURE ENFORCEABILITY
<b>Counsel Concerns:</b> Severability Used In Malpractice Suit Over California Talent Agency Act
February 26, 2009
In January 2008, the California Supreme Court decided that the doctrine of severability of contracts could be applied to the state's Talent Agencies Act (TAA). Under the supreme court's ruling, a personal manager's activities as an unlicensed talent agent may be severed from the manager's legal activities, the latter still being commissionable from the artist by the manager.
Business Manager Denied New Trial In Malmsteen Case
February 26, 2009
The U.S. District Court for the Southern District of New York refused to grant a judgment as a matter of law or for a new trial for the former business manager of musician Yngwie Malmsteen in a suit by the musician over missing income.
