Acquiring Music for a "Play with Music
November 29, 2005
Acquiring the rights to use music in a play with music can best be described as a journey with Alice through Wonderland. It usually isn't an easy chore.
Cameo Clips
November 29, 2005
Recent cases in entertainment law.
Second Circuit Rules in Record Distribution Case
November 29, 2005
The U.S. Court of Appeals for the Second Circuit upheld cancellation of the distribution by Artemis Records of a cover recording of "The Ketchup Song (Heh Hah)" for which 24/7 Records failed to obtain a compulsory license for the musical composition. But the appeals court allowed 24/7 to proceed with claims of wrongful termination of 24/7's overall distribution contract with Artemis and that Artemis' distributor Sony Music, which distributed an earlier internationally successful recording of "The Ketchup Song," had tortiously interfered with the 24/7-Artemis agreement.
Bit Parts
November 29, 2005
Recent developments in entertainment law.
'Buy/Burn/Return' May Violate Copyright Law
November 29, 2005
Buy It, Burn It, Return It" is the policy recently adopted by a record chain in New Jersey. A radio ad for another retail store states: "You find it, you buy it, you burn it. What, I mean, not really burn it. You know. Put it in your iPod or MP3. And then sell it back. That's right: we'll buy your CDs back." The retailer can then sell the recording as used, over and over again, buying it back for less than the selling price and profiting perhaps even more than by selling it only one time. <br>The problem with these "new" record-retail tactics is that they clearly violate the rights of sound-recording and musical-composition copyright owners to control the rental distribution of their works.
Counsel Concerns
November 29, 2005
The Supreme Court of Connecticut upheld a legal malpractice judgment against a law firm that represented the plaintiff client in a suit over a sports publishing company he had co-founded.
Arbitration Update
November 29, 2005
The U.S. District Court for the Southern District of New York upheld an arbitration award over cancellations by rapper of Lil Jon of concerts in Japan.
Internet Ticket Sales
November 29, 2005
Generally, Internet ticket providers are in the business of buying and selling tickets to such events above the face value of the ticket. Some people have equated such Internet ticket providers with ticket scalpers, and claim that they are acting unlawfully. In particular, some state anti-scalping laws have been applied to Internet ticketing transactions, resulting in criminal and civil sanctions. But the application of proper Internet notices and appropriate Web site access limitations may render such state anti-scalping laws moot.
Can The Grokster Settlement Close The File-Sharing Pandora's Box?
November 29, 2005
Last month, Grokster apparently gave up. The P2P filing-sharing service Nov. 7 filed documents with a Los Angeles federal court reporting that it had reached a settlement in its lengthy legal case with the nation's largest record companies, motion picture studios and music publishers, as represented by the Recording Industry Association of America (RIAA). <br>This decision leads many experts to believe that a distributor of P2P technology with a legitimate intent not to infringe others' rights would not be liable for a third-party infringing use of the technology. But despite that perhaps being the case, the Court failed to create a bright-line test to help identify a "clear expression or other affirmative steps taken to foster infringement" which, as Justice Breyer stated in his concurring opinion and as discussed in this article, could have a chilling effect on others creating or advancing file-swapping and other possibly legitimate technologies. Future litigations will necessarily turn on a case-by-case basis not as to the nature of the technology but potentially on the distributors' business plans.
Net News
November 01, 2005
U.S. Senators Turning Up Heat on Peer-to-Peer Pirates Lawmakers pushed federal authorities last month to crack down on peer-to-peer (P2P) services that…
