Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights held by the two founding members of the 1960s rock band The Turtles. Flo & Eddie Inc. v. Sirius XM Radio Inc., 13-5784 (S.D.N.Y. 2014.)
The members of the band, which sang hits like “Happy Together,” sued Sirius through their company Flo & Eddie last year, alleging that Sirius had infringed on the group's rights under state law by playing its recordings without permission.
Sirius argued in a motion for summary judgment that New York law doesn't cover performance rights for pre-1972 sound recordings, and said its broadcasts of the Turtles' recordings constituted fair use. But U.S. District Judge Colleen McMahon in Manhattan firmly rejected Sirius' arguments and gave the company until December 5 to advise the court of any remaining disputes of fact that would require a trial. Otherwise, District Judge McMahon wrote, Sirius would be held liable for infringement and she would proceed to determine damages.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
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
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?