Music Industry Faces Tough Negotiations In Digital Music-Licensing Frontier
March 29, 2006
Howard Stern and Oprah Winfrey might have lent some serious star power to subscription-based satellite-radio networks XM and Sirius, but that doesn't mean the fledgling medium is ready for prime time. This year, XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. have to renegotiate their royalty agreements with record labels. Not only is the music industry intent on raising the licensing fees, it wants to stop the introduction of new satellite radio receivers that work more like an iPod than a radio.
Computer Forensics Docket Sheet
March 29, 2006
Court Weighs Defendant's Use Of Data-Wiping Software, Finds Proof Of Willful Destruction Alleging that the defendant infringed on its motion-picture copyright, the plaintiff sought a permanent injunction, attorneys' fees and costs, and money damages. After uncovering the defendant's alleged activities by tracing his Internet protocol address, the plaintiff was granted access to the defendant's computer and hired a Kroll Ontrack computer-forensics expert to conduct an examination. The expert determined that, after wiping all data off…
Downloading Copyrighted Songs on File-Sharing Network Is Not 'Fair Use'
March 01, 2006
In an important decision interpreting the fair use provision of the Copyright Act (17 U.S.C. §107), the U.S. Court of Appeals for the Seventh Circuit recently held that downloading full copies of copyrighted material without compensation to authors cannot be deemed "fair use." In <i>BMG Music v. Gonzalez</i>, 430 F.3d 888 (7th Cir. 2005), Judge Frank H. Easterbrook, writing for a unanimous three-judge panel, rejected the defendant's argument that she was immune from liability because she was merely sampling songs that she had downloaded from the KaZaA file-sharing network on a "try-before-you-buy basis."
Perfect 10 Racks Up Preliminary Injunction Against Google
February 28, 2006
Google's popular image search service might be in legal jeopardy. A Los Angeles federal judge ruled last month that the Internet search engine's image search feature, which displays thumbnail versions of images found on other Web sites, probably infringed a Web pornographer's copyrights. In a 48-page preliminary ruling, U.S. District Judge A. Howard Matz reluctantly sided with Perfect 10, a Beverly Hills, CA, adult entertainment publisher, in its copyright claim against the Internet search giant.
Online Gambling's Payoff
February 28, 2006
Although online gambling is illegal in the United States, you'd never know it by looking at the numbers. Last year alone 7.8 million Americans logged on to Internet gambling sites. <br>And with the online gambling industry banking almost $12 billion in revenue in 2005, some U.S. casinos think the time has come to legalize Internet gambling and cash in ' a position that was considered all but unthinkable until recently.
Courthouse Steps
February 28, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Tennessee Appeals Court Affirms Rights Of Hank Williams' Heirs to Radio Concerts
February 28, 2006
Courts have broadly interpreted in favor of record companies the language in agreements with artists that states the label will be able to reproduce the artist's recordings "by any method now or hereafter known." But the Court of Appeals of Tennessee, at Nashville, decided that neither the record company to which the late country legend Hank Williams had signed, nor a company that obtained rights in the physical masters of Williams' 1950s radio performances had the right to exploit those recordings.
Cameo Clips
February 28, 2006
Recent cases in entertainment law.