Yesterday, members of the jazz ensemble The Thelonious Monk Quartet (John Ore and Frankie Dunlop) filed suit against Thelonious Monk's record label (and others) for alleged copyright infringement and bootlegging arising from the broadcast of live musical perfomrances of the artists while members of the ensemble.
OTCS imagines the following defense could be fatal to plaintiffs: WORK MADE FOR HIRE! Time will tell...
[John Ore; Francis Dunlop; Robin Dunlop v. Thelonious Records Inc.; Thelonious S. Monk Jr. aka TS Monk; Peter Grain; filed 11/29/2007; CV-10681 SDNY]
November 30, 2007
My My, Hey Hey
My my, hey hey...what OTCS can miss in ONE DAY!
Arista Records filed 12 - yes, TWELVE - copyright infringement suits in various federal district courts, each against John Doe defendants, between Nov. 27 and Nov. 29, 2007. Presumably, all relate to on-line infringement and the defendants must be identified by their IP addresses.
Additionally, UMG Recordings, Zomba, Sony BMG, and LaFace Records filed John Doe complaints over the same period of time.
OTCS has a full-time job and can't read all the complaints - so who knows what is going on? Anyone? Bueller?
Arista Records filed 12 - yes, TWELVE - copyright infringement suits in various federal district courts, each against John Doe defendants, between Nov. 27 and Nov. 29, 2007. Presumably, all relate to on-line infringement and the defendants must be identified by their IP addresses.
Additionally, UMG Recordings, Zomba, Sony BMG, and LaFace Records filed John Doe complaints over the same period of time.
OTCS has a full-time job and can't read all the complaints - so who knows what is going on? Anyone? Bueller?
November 28, 2007
"One phone call will have ya body dumped in Marcy"
Welcome to the rap game...featuring, THE GAME! Suit filed yesterday in SDNY for copyright infringement arising from defendants -- rapper the Game, his label Universal/Interscope, his publishers -- unlawful use of plaintiff's original "music compositions." OTCS can picture the plaintiffs sitting, feather pen in hand, scribing the score on sheet music! Yeah right...probably put together some hooks, samples, and mixed it all together. But what does OTCS know? Who has the inside scoop?
Fact is: if you are going to work in the music industry, especially rap & hip-hop, get everything in writing! Otherwise, your boy will start playing games on you...
[Ryan Lessem; Douglas Johnson v. Jayceon Terrell Taylor p.k.a. The Game; UMG Recordings Inc.; Universal Music Group Inc.; Interscope Records Inc.; Lastrada Entertainment Co. Ltd.; Sony/ATV Music Publishing LLC; Universal Music Corp.; Warner Chappell Music Inc.; Music of Windswept; Black Wall St. Publishing LLC11/27/2007 07 CV-10601 ]
Fact is: if you are going to work in the music industry, especially rap & hip-hop, get everything in writing! Otherwise, your boy will start playing games on you...
[Ryan Lessem; Douglas Johnson v. Jayceon Terrell Taylor p.k.a. The Game; UMG Recordings Inc.; Universal Music Group Inc.; Interscope Records Inc.; Lastrada Entertainment Co. Ltd.; Sony/ATV Music Publishing LLC; Universal Music Corp.; Warner Chappell Music Inc.; Music of Windswept; Black Wall St. Publishing LLC11/27/2007 07 CV-10601 ]
November 27, 2007
Working Class Hero
Capitol Records (EMI) announced that a new John Lennon video album will be released, in collaboration with iTunes, at Starbucks locations around the US. But buyers beware, it is not the actual album/DVD that will be sold at the coffee giant. Rather, it will be a "card", which will be redeemable on iTunes to download the music videos. Think of it as a gift-certificate, for the limited purpose of buying one item on-line.
This seems like very clever marketing, and OTCS approves. The cards will be "collectable" and feature various images of Lennon. And because it is being released during the holiday shopping bonanza, consumers are likely to grab these up along with all the other gift certificates they will already be buying (and not have to carry around all day!).
The real question is: does this create a conflict of interest with Starbucks' Hear Music record label? More poignent is the fact that Paul McCartney, Lennon's former band-mate in The Beatles, is the Hear Music label's signature artist. Notwithstanding any contract disputes with McCartney's former label (EMI), what benefit is there to joining Hear Music if your old label can sell compilations in the same limited venue, with nifty packaging that benefits both your old label, and your former opposition in a trademark dispute (Apple iTunes / Apple Records Ltd.)?
This seems like very clever marketing, and OTCS approves. The cards will be "collectable" and feature various images of Lennon. And because it is being released during the holiday shopping bonanza, consumers are likely to grab these up along with all the other gift certificates they will already be buying (and not have to carry around all day!).
The real question is: does this create a conflict of interest with Starbucks' Hear Music record label? More poignent is the fact that Paul McCartney, Lennon's former band-mate in The Beatles, is the Hear Music label's signature artist. Notwithstanding any contract disputes with McCartney's former label (EMI), what benefit is there to joining Hear Music if your old label can sell compilations in the same limited venue, with nifty packaging that benefits both your old label, and your former opposition in a trademark dispute (Apple iTunes / Apple Records Ltd.)?
November 26, 2007
The Luck of Lucien
Yo, "-Tip", what's wrong with Snails?
Today, the French government signed an agreement with content industries and ISP providers, where a centralized authority will receive complaints from content owners and will send messages via ISPs to end users infringing copyright. (Financial Times article; New York Times Article.) Under the agreement, ISPs will issue warning messages to internet users allegedly downloading files illegally. If users ignore those messages, their accounts could be suspended or closed altogether.
According to French President Sarkozy, this is "the advent of a civilised internet". The roots of this groundbreaking effort are in the Olivennes Commission.
What does this mean for private enforcement of intellectual property rights, like the USA's "notice and take-down" requirements under the DMCA?
Today, the French government signed an agreement with content industries and ISP providers, where a centralized authority will receive complaints from content owners and will send messages via ISPs to end users infringing copyright. (Financial Times article; New York Times Article.) Under the agreement, ISPs will issue warning messages to internet users allegedly downloading files illegally. If users ignore those messages, their accounts could be suspended or closed altogether.
According to French President Sarkozy, this is "the advent of a civilised internet". The roots of this groundbreaking effort are in the Olivennes Commission.
What does this mean for private enforcement of intellectual property rights, like the USA's "notice and take-down" requirements under the DMCA?
50 Ways to Leave Your Lover
OTCS is celebrating its 50th posting! Thank you to our loyal readers for your continued support. OTCS looks forward to providing you with all the "legal news and music blues" in the days and years to come.
P2P Infringer Identified Beyond Mere IP Address
In this copyright infringement case filed in the US District Court District of Nevada, the defendants were identified -- beyond their mere IP address -- for alleged unauthorized distribution of 728 sound recordings over a P2P network in September 2005. Notably, the complaint (Exhibit A) only lists one sound-recording per plaintiff (record label), with the corresponding "SR #" (i.e., copyright registration), instead of each of the alleged 728 infringements.
Two things are of interest to OTCS. First, the complaint explains to the court in two paragraphs the technology behind P2P and IP addresses. Second, why the 2+ year delay in filing suit? Were the parties negotiating, or were they just asleep at the wheel?
[Elektra Entertainment Group Inc. et al v. Jaqueline Meredith Walton; 2:07-cv-01557-RCJ-GWF; filed 11/21/2007]
Here is a nearly identical complaint, filed in the District of Massachusetts, for the alleged infringement of 300+ sound recordings in November 2005 over the Kazaa P2P network. Again, the plaintiffs (record labels) spend a mere two paragraphs on P2P/IP addresses, waited 2+ years to file suit (who uses Kazaa anymore?), and only listed 5 sound recordings (Exhibit A, with corresponding copyright registrations) instead of each of the alleged 300+ infringements.
[Virgin Records America, Inc. et al v. Dobson; 1:07-cv-12176-NG; filed 11/21/07]
Two things are of interest to OTCS. First, the complaint explains to the court in two paragraphs the technology behind P2P and IP addresses. Second, why the 2+ year delay in filing suit? Were the parties negotiating, or were they just asleep at the wheel?
[Elektra Entertainment Group Inc. et al v. Jaqueline Meredith Walton; 2:07-cv-01557-RCJ-GWF; filed 11/21/2007]
Here is a nearly identical complaint, filed in the District of Massachusetts, for the alleged infringement of 300+ sound recordings in November 2005 over the Kazaa P2P network. Again, the plaintiffs (record labels) spend a mere two paragraphs on P2P/IP addresses, waited 2+ years to file suit (who uses Kazaa anymore?), and only listed 5 sound recordings (Exhibit A, with corresponding copyright registrations) instead of each of the alleged 300+ infringements.
[Virgin Records America, Inc. et al v. Dobson; 1:07-cv-12176-NG; filed 11/21/07]
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