Bread and butter forum non conveniens analysis in unpaid royalty suit amongst publishers.
Crosstown Songs U.K. Limited v. Spirit Music Group Inc., 07 Civ. 2080; decided: October 4, 2007 (S.D.N.Y.)
October 12, 2007
OMG - CMJ!
Eagerly awaiting CMJ. Like the parking lot at a Grateful Dead show, I must ask "Who's got 1?"
October 11, 2007
All Things Must...Be Released Digitally
EMI announced the digital release of George Harrison's solo catalogue, meaning that all four Beatles' solo catalogues are now available digitally.
Now, if EMI could only figure out how to lure Macca back from HearMusic (i.e., what you are currently listening to in Starbucks.)
Now, if EMI could only figure out how to lure Macca back from HearMusic (i.e., what you are currently listening to in Starbucks.)
Ain't that a Kick in the Head...
The Rat Pack (or at least the modern Las Vegas reincarnation of them) was sued by song-writers of "Ain't that a Kick in the Head", "Everybody Loves Somebody", and "Come Fly with Me" for copyright infringement of the compositions. (Alleged infringement occurred during performances of the Rat Pack Show at the Greek Isles Hotel & Casino, and sale of associated CDs.)
What's the commotion, eh? WHAT'S THE COMMOTION?!
[Barton Music Corp. v. TRP Entertainment, LLC et al., 07-cv-01361-BES-PAL, filed Oct. 9, 2007, D.C. Nev.]
What's the commotion, eh? WHAT'S THE COMMOTION?!
[Barton Music Corp. v. TRP Entertainment, LLC et al., 07-cv-01361-BES-PAL, filed Oct. 9, 2007, D.C. Nev.]
Madge Moves On; Makes Money
My, oh my! Madge!
As the WSJ reports this morning, Madonna is leaving her record label, Warner Bros. Records, for...the concert promoter Live Nation? Yes, the very same Live Nation that clogs your in-box with Concert Updates, but that you don't unsubscribe from on the off-chance you can catch a gem, has now put on the record-label hat.
While I advocate challenges to the existing record-label model, I am curious how Live Nation will successfully be able to sell new Madonna albums. T-shirts - $25. Limited Edition Poster - $40. New Madonna CD - $50. Will people take the bait?
WSJ notes that:
No, it isn't clear.
Also, how much of a shock to the industry is this really? Madge is Madge, but how many other acts out there would (a) be able to afford lawyers to negotiate this kind of deal, (b) even be considered for this kind of deal, and/or (c) opt to venture into "virgin" territory? We all know that the real money for artists is in touring, and that big artists don't even really need labels if they have the built in fan-base. (Radiohead itself just released its new album exclusively on its website. See also Jeff Leeds, "In Radiohead Price Plan, Some See a Movement", New York Times (10/11/07 - Music) ("Radiohead is in a position that can’t easily be replicated — it completed its long-term recording contract with the music giant EMI while retaining a big audience of obsessive fans")).
But still - how plausible is this for the little...or even the medium...guy?
So mazel tov Madge, on a job well-done. But whether others will follow this Oregon Trail...I doubt it.
As the WSJ reports this morning, Madonna is leaving her record label, Warner Bros. Records, for...the concert promoter Live Nation? Yes, the very same Live Nation that clogs your in-box with Concert Updates, but that you don't unsubscribe from on the off-chance you can catch a gem, has now put on the record-label hat.
While I advocate challenges to the existing record-label model, I am curious how Live Nation will successfully be able to sell new Madonna albums. T-shirts - $25. Limited Edition Poster - $40. New Madonna CD - $50. Will people take the bait?
WSJ notes that:
It isn't clear when her first album for Live Nation would be delivered, nor is it clear how the promoter would distribute and promote the album, since the company has limited infrastructure to do so....People briefed on the deal speculated that Live Nation would enter a licensing arrangement with one or more traditional labels to release her albums.
No, it isn't clear.
Also, how much of a shock to the industry is this really? Madge is Madge, but how many other acts out there would (a) be able to afford lawyers to negotiate this kind of deal, (b) even be considered for this kind of deal, and/or (c) opt to venture into "virgin" territory? We all know that the real money for artists is in touring, and that big artists don't even really need labels if they have the built in fan-base. (Radiohead itself just released its new album exclusively on its website. See also Jeff Leeds, "In Radiohead Price Plan, Some See a Movement", New York Times (10/11/07 - Music) ("Radiohead is in a position that can’t easily be replicated — it completed its long-term recording contract with the music giant EMI while retaining a big audience of obsessive fans")).
But still - how plausible is this for the little...or even the medium...guy?
So mazel tov Madge, on a job well-done. But whether others will follow this Oregon Trail...I doubt it.
October 10, 2007
Mary J., Pay to Play
New York Law Journal reports (10/9) that Ms. Blige is not above the law. Blige and others were sued for copyright infringement by song-writer -- who happened to be co-author of the work with Blige's step-father. On the eve of the step-father's deposition, he transferred his rights to another defendant in the case, taking the position that one co-author cannot sue another co-author for infringement. ("Retroactive" transfer to infringer.) Sneaky...
...but no. The Second Circuit shot down the scheme.
If the Court had gone the other way, a giant loop-hole would have existed for successful artists/infringers to buy-out non-party co-authors, and in my humble opinion, defeating justice.
[Davis v. Blige, 05-6844-cv]
...but no. The Second Circuit shot down the scheme.
If the Court had gone the other way, a giant loop-hole would have existed for successful artists/infringers to buy-out non-party co-authors, and in my humble opinion, defeating justice.
[Davis v. Blige, 05-6844-cv]
Welcome back my friends to the show that never ends...
We're so glad you could attend
Come inside! Come inside!
There behind a glass is a real blade of grass
be careful as you pass.
Move along! Move along!
Come inside, the show's about to start
guaranteed to blow your head apart
Rest assured you'll get your money's worth
The greatest show in Heaven, Hell or Earth.
You've got to see the show, it's a dynamo.
You've got to see the show, it's rock and roll ...
Right before your eyes we pull laughter from the skies
And he laughs until he cries
then he dies then he dies
Come inside the shows about to start
Guaranteed to blow your head apart
You gotta see the show
It's a dynamo
You gotta see the show
It's rock and roll
[Emerson Lake & Palmer, Brain Salad Surgery, "Karn Evil 9 - 1st Impression, Part 2" (1973)]
Come inside! Come inside!
There behind a glass is a real blade of grass
be careful as you pass.
Move along! Move along!
Come inside, the show's about to start
guaranteed to blow your head apart
Rest assured you'll get your money's worth
The greatest show in Heaven, Hell or Earth.
You've got to see the show, it's a dynamo.
You've got to see the show, it's rock and roll ...
Right before your eyes we pull laughter from the skies
And he laughs until he cries
then he dies then he dies
Come inside the shows about to start
Guaranteed to blow your head apart
You gotta see the show
It's a dynamo
You gotta see the show
It's rock and roll
[Emerson Lake & Palmer, Brain Salad Surgery, "Karn Evil 9 - 1st Impression, Part 2" (1973)]
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