Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Digital Music Provider Can Operate During Court Dispute
When MediaNet Digital Inc. (then MusicNet) formed in 2001, it billed itself as a 'legitimate' alternative to hubs for illegal downloading. Since then, MediaNet has spent $130 million in royalties to build a library of roughly 15 million songs and counting, which it then licenses to subscription-based music services like MOG and iMesh. Like most 'legit' digital music services, MediaNet has yet to make a cent in profit. In fact, MediaNet offers a fascinating example of the recording industry's struggles to adapt to the digital age.
Given the heavy price MediaNet is paying for the right to sell its licenses, you can imagine its frustration when a group of small music publishers and musicians slapped the company with a copyright infringement suit in federal court in Manhattan last year, claiming that MediaNet has failed to pay 'mechanical royalties' on some of the songs in the sound recordings in its library.
The plaintiffs moved for an injunction that would have shut MediaNet down pending the litigation. But in July 2012, District Judge Paul Gardephe of the U.S District Court for the Southern District of New York rejected the injunction bid, handing the company a key early victory in the case. Judge Gardephe ruled that while MediaNet may be engaging in 'isolated incidents' of copyright infringement, the risk of continued infringement is not enough to meet the requirement for injunctive relief of showing irreparable injury. And in any case, the judge found that the plaintiffs could easily seek money damages based on carefully tracked streams and downloads. Appalseed Productions Inc. v. MediaNet Digital Inc., 11 Civ. 5922.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.