Steve Popovich, founder of Cleveland International Records, won a federal appeal upholding a jury's deicison to award him more than $5mil. after a contract dispute with Sony Music. Cleveland Int'l Records introduced the world to the artist Meat Loaf, whose "Bat Out of Hell" album has sold a reported 43 million copies worldwide since its 1977 release.
Meat Loaf was signed to Cleveland Int'l and Sony eventually acquired the rights to the album. (Epic Records > CBS > Sony.) In 1995, Popovich sued Sony for unpaid royalties and settled out of court for a reported $7mil. As part of the settlement, Sony agreed to include the Cleveland Int'l Records logo on reissues of "Bat Out of Hell". When Sony failed to include the logo, Popovich sued again. After a federal jury awarded Popovich $5mil in damages, the appellate court affirmed. Further, the appellate deciions permits Popovich to pursue, on remand, damages for possible breach by Sony outside of the original limited geographic scope of the Settlement.
November 22, 2007
November 21, 2007
Yahoo! Gehzundheit!
Yahoo partners with Sony BMG to allow users to incorporate recordings into their homemade videos.
Blood Sugar Sex Lawsuit
Leave it to the Cleveland Plain Dealer to call the following to OTCS's attention:
The Red Hot Chili Peppers filed suit against Showtime Networks over the name of the TV series "Californication." "Californication" is the title to one of the bands most commercially successful albums, and the title-track single to the album, both released in 1999. (Lead singer Anthony Kedis asserts that "'Californication' is the signature CD, video and song of the band's career..."
OTCS, though it disagrees with Mr. Kedis's assertion ("Under the Bridge"?!), does believe the suit has merit. As a unique album and song name, viewers of the Showtime series are surely likely to confuse the source/origin of the show; or, believe that the Red Hot Chili Peppers somehow endorse or are affiliated with it.
Bolstering the Red Hot Chili Peppers (intent = higher measure of damages) is the fact that a character on the program is named "Dani California", which is also the title to a Chile Peppers song released in 2006.
OTCS can practically smell an injunction brewing...or maybe that is just tomorrow's turkey?
The Red Hot Chili Peppers filed suit against Showtime Networks over the name of the TV series "Californication." "Californication" is the title to one of the bands most commercially successful albums, and the title-track single to the album, both released in 1999. (Lead singer Anthony Kedis asserts that "'Californication' is the signature CD, video and song of the band's career..."
OTCS, though it disagrees with Mr. Kedis's assertion ("Under the Bridge"?!), does believe the suit has merit. As a unique album and song name, viewers of the Showtime series are surely likely to confuse the source/origin of the show; or, believe that the Red Hot Chili Peppers somehow endorse or are affiliated with it.
Bolstering the Red Hot Chili Peppers (intent = higher measure of damages) is the fact that a character on the program is named "Dani California", which is also the title to a Chile Peppers song released in 2006.
OTCS can practically smell an injunction brewing...or maybe that is just tomorrow's turkey?
November 19, 2007
Sit Here Counting Crows
Another day, another BMI lawsuit for copyright infringement based on the public performance right.
The only thing of interest here is a named plaintiff: OTCS fav - Counting Crows. OTCS's can't help but wonder whether there is a a piece of Maria in every complaint that they sing?
[Broadcast Music Inc.; Songs of Universal Inc.; EMI Virgin Songs Inc.; Ken Adamay; Rick Nielson; Brad Carlson; Robin Zander; Tom Peterson; Screen Gems-EMI Music Inc.; Jonathan Siebles; Tony Fagenson; James Collins; Paul Simon; EMI Blackwood Music Inc.; Counting Crows LLC; Robert Kuykendall; Richard Ream Bruce Johannesson; Bret Sychak v. Gotham Yard Corp. d.b.a. Session 73; Peter Thomas; Hunter Hulshizer; Joseph Grillo. 11/16/2007; 07 CV-10373]
The only thing of interest here is a named plaintiff: OTCS fav - Counting Crows. OTCS's can't help but wonder whether there is a a piece of Maria in every complaint that they sing?
[Broadcast Music Inc.; Songs of Universal Inc.; EMI Virgin Songs Inc.; Ken Adamay; Rick Nielson; Brad Carlson; Robin Zander; Tom Peterson; Screen Gems-EMI Music Inc.; Jonathan Siebles; Tony Fagenson; James Collins; Paul Simon; EMI Blackwood Music Inc.; Counting Crows LLC; Robert Kuykendall; Richard Ream Bruce Johannesson; Bret Sychak v. Gotham Yard Corp. d.b.a. Session 73; Peter Thomas; Hunter Hulshizer; Joseph Grillo. 11/16/2007; 07 CV-10373]
Cadillac Grills
When Ludacris and Usher join forces, you know you're in about as much trouble as being caught in the middle of the former Jay-Z/Nas dispute. Mr. Bridges (pka Lud. appearing on Def Jam label) and Mr. Raymond IV (pka Usher appearing on La Face label) sued TVT Records, amongst others, in the Southern District of New York for "unlawful use" of plaintiffs' musical contributions to the recordings IN DA CLUB and LOVERS AND FRIENDS (i.e., copyright infringement).
What's going on here? OTCS suspects this could have been avoided by a mere sampling agreement early in the recording process. What's the word on the street?
[Christopher Bridges p.k.a. Ludacris; Usher Raymond IV p.k.a. Usher; Disturbing Tha Peace Entertainment Inc.; Fast Pace Inc. v. Teevee Toons Inc.; TVT Records LLC; BME Enterprises LLC; BME Recordings LLC; Jonathan Smith. 11/15/2007; 07 CV-10369]
What's going on here? OTCS suspects this could have been avoided by a mere sampling agreement early in the recording process. What's the word on the street?
[Christopher Bridges p.k.a. Ludacris; Usher Raymond IV p.k.a. Usher; Disturbing Tha Peace Entertainment Inc.; Fast Pace Inc. v. Teevee Toons Inc.; TVT Records LLC; BME Enterprises LLC; BME Recordings LLC; Jonathan Smith. 11/15/2007; 07 CV-10369]
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