Music Publisher Concerns over Viral-Video Sites
The Internet has presented numerous challenges to the music industry. Unlicensed digital downloading has been at the top of the list for several years. More recently, the use of music on viral-video Web sites has produced a new set of challenges. Three of the four major record labels have struck content deals with mega-viral-video site YouTube, as have two of the three major TV networks. But music publishers haven't been involved in significant direct viral-video-site negotiations. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, Keith C. Hauprich, Vice President, Business & Legal Affairs for Cherry Lane Music Publishing Company, Inc., discusses music-publishing concerns in the viral-video age. As General Counsel for one of the world's largest independent music publishers, Hauprich's responsibilities include coordinating relationships with outside counsel, overseeing the due-diligence process and playing an integral role in finding new business opportunities for the company.
More from the Best of MLF 2006
In last month's issue, we covered the best of MLF from February to and including June 2006. In this issue, we will take a look back at July through November.
Is Your Web Site COPPA Compliant?
In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA), broadly expanding the Federal Trade Commission's (FTC) enforcement powers in the Internet arena. Since then, states and the FTC have become more active in regulating the collection, use and security of consumer's personal information generally. However, the protection of children's personal information remains a top FTC enforcement goal, and the commission has become more aggressive in enforcement of COPPA each year. Companies that fail to proactively act to ensure COPPA compliance do so at the risk of seven-figure penalties. <br>This article provides Web site operators with suggestions on how to comply with the spirit of COPPA when legal obligations are not crystal clear, as in the case when the operator of the Web site in question believes that it can make a good faith effort to be a 'general audience' Web site, but has reason to believe that the site may attract visitors under the age of 13 and is unsure how the FTC will view and treat the site.
Bit Parts
Anti-Piracy Statutes/Constitutionality<br>Copyright Infringement/Probative and Substantial Similarity<br>Copyright Infringement/Substantial Similarity<br>Trademarks/Right to Sue<br>Video-Game Laws/Constitutionality
<b>Counsel Concerns:</b> Fund Misappropriation and Suspension from Practice
The Court of Appeals of Maryland decided that an 18-month suspension of an attorney from practice for taking fees out of royalty distributions before submitting the royalties to a client should run consecutively with a suspension of the attorney for the same reason by the D.C. Court of Appeals. <i>Attorney Grievance Commission of Maryland v. Midlen</i>.
<b>False Endorsement; Right of Publicity</b>
The U.S. District Court for the District of New Jersey preliminarily enjoined further distribution and ordered the recall of the book 'Legit Baller,' which features an allegedly unauthorized, prominent use of photographs of popular R&B singer/producer Marc Dorsey on its covers. But the court declined to order a recall of the defendant publisher's other books that included advertisements of 'Legit Baller.' <i>Dorsey v. Black Pearl Books Inc</i>.
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Copyright Report May Constitute Trade Secret
The U.S. District Court for the District of Nevada decided a genuine issue of fact existed as to whether a master-copyright report prepared by a consultant for an adult-film distributor was a trade secret. <i>V.C.X. Ltd. v. Burge</i>.
Cameo Clips
Celebrity Images/Trade-Dress Claims<br>Copyright Infringement/Joint-Authorship Claim
Courts Are Split On Tests for Right of Publicity
The California Court of Appeal relied on a similarity test in prior California Supreme Court cases in recently finding that three video-game companies had a First Amendment right to create a character that shared some traits with Kieren Kirby, or 'Lady Miss Kier,' the former lead singer of the 1990s funk band Deee-Lite. <i>Kirby v. Sega of America</i>. But in a 2003 Missouri Supreme Court decision involving former St. Louis Blues hockey player Tony Twist, the judges found that Twist might have a case alleging that his name and likeness were exploited to sell the comic book 'Spawn.' <i>Doe v. TCI Cablevision</i>.
