November 1, 2007

You Can Get Anything You Want at Alice's Restaurant

Last week, it was Jay-Z's 40-40 Club.

This week...its DIDDY's Justin's Restaurant, where plaintiff/patron was assaulted by another drunk patron on the premises.

[Tanique Nelson v. Bad Boy Entertainment Inc.; Jessie Smalls Restaurant Inc. dba Justins; Justins Restaurant Inc.; John Doe (N.Y.Supreme Court, 10/31/2007 07-114588 )]

The Tables Have Turned

ASCAP, King Copyright Plaintiff, getting a taste of its own medicine? OTCS is intrigued...especially considering the plaintiff is acting pro se.

[Keith Thomas v. ASCAP; Does 1-2 (10/23/2007 07 CV-9437 )]

October 30, 2007

Ain't Too Proud to Beg

OTCS knows that Papa Was a Rolling Stone, but Get Ready- artists touring/performing as THE LEGENDARY LEAD SINGERS OF THE TEMPTATIONS, and then filing a declaratory judgment action to establish that use of the mark does not infringe upon Defendant's trademark rights. Are any of these "legendary lead singers" part of the "Classic 5 era"?

[Glenn Leonard; Barrington Henderson v. UMG Recordings Inc.; Star Direction; Int'l. Creative Mgmt. Inc.; Otis Williams10/29/2007 07 CV-9597. S.D.N.Y.]

Well I Just Had to Laugh / I Saw the Photograph

I read the news today, oh boy, about a luck man... sued in the SDNY for unlawful use (copyright infringement) of original photographs of the Fab Four.

There is a lot of money to be made in original photographs (and even prints) of classic rock stars.

[Gary Schaeffer v. Lightyear Entertainment LP; Arnold Holland; Don Speilvogeo; Joel Kaplan10/29/2007 07 CV-9607]

All Shook Up

Broadway, New York, New York. If OTCS can make it here, OTCS can make it anywhere!

This just filed in New York County (Manhattan) Supreme Court - a $14 million complaint for breach of contract in relation to a Broadway show entitled "All Shook Up". MERCY! (Can anyone confirm a prior Elvis musical on B'way called "Blue Suede Shoes?)

OTCS supposes this type of suit was inevitable after the successes (Jersey Boys) and failures (that J. Lennon musical that opened for about a month last year) of the rock-musical on Broadway.

[All Shook Up Limited Partnership v. The Promenade Trust; CKX Inc.; Elvis Presley Enterprises LLC; Elvis Presley Enterprises Inc.; Estate of Julian Aberbach; Susan Aberbach; Does 1-1010/29/2007 07-603581]

October 29, 2007

A Little Bit Softer Now

Here's an interesting idea: start pre-selling an album on-line with an initial price point of, for example, $15, and the more people that order before the release date, the lower the price-point drops (with a floor of, for example, $5). Those who originally ordered with a higher price than the final price point get the benefit of the lower price! (Cliff Richards, UK release of "Love, the Album" on EMI)

Is this Amie Street in reverse? At the very least, it is a good way of measuring what music is actually worth to the consumer. But who will be the first person to order the pre-release without a guarantee that the price will drop? At least with Amie Street, you KNOW the price you are ultimately going to pay, because it is in real time.