Festival Exclusivity?

With the announcement that the Radiohead-and-Jack-Johnson-combo are headlining TWO festivals this summer, is it possible that -- notwithstanding the geographic distance between San Francisco and Jersey City, NJ -- in the future the festival industry will begin including EXCLUSIVITY CLAUSES in their head-liner agreements?

While it may be true that festivals on complete opposite sides of the continent will attract different audiences, is something of the festival's aura (and uniqueness, at the least) lost by having the same act(s) headline multiple festivals? Does it harm ticket sales to either festival?

The situation is distinguishable from an event like Live Aid because here the events are not under the same banner and ostensibly have separate promotors and vendors.

9 More DOE(s) Suits Filed by RIAA

OTCS woke up this morning with the Barenaked Ladies song "It's All Be Done" stuck in its head. Must have been a sign...

OTCS found the following nine cookie-cutter cases filed yesterday in various federal courts alleging on-line copyright infringement by unknown John Does accompanied by requests for leave to take immediate discovery.

Zomba Recording LLC et al v. Doe No 1 et al; M.D.Ala; case no. 3:2008cv00126; filed 02/21/2008.
UMG Recordings, Inc. et al v. Doe; N.D. Ala.; case no. 7:2008cv00310; filed 02/21/2008.
LaFace Records LLC et al v. Does 1-14; D.Ariz; case no. 2:2008cv00335; filed 02/21/2008.
Arista Records LLC, et al v. Doe; N.D.Cal; case no. 3:2008cv01041; filed 02/21/2008.
Artista Records LLC et al v. Doe #1 et al; M.D.Ga.; case no. 3:2008cv00018; filed 02/21/2008.
Arista Records LLC et al v. Does 1-3; N.D.Ill.; case no. 1:2008cv01066; filed 02/21/2008.
ARISTA RECORDS LLC et al v. DOES 1-18; S.D.Ind; case no. 2:2008cv00065; filed 02/21/2008.
Zomba Recording LLC et al v. DOES 1-15; E.D.Ky; case no. 0:2008cv00031; filed 02/21/2008.
Atlantic Recording Corporation et al v. Does; E.D.Mich; case no. 1:2008cv10728; filed 02/21/2008.

[Please verify accuracy of each case.]

TVT Bankruptcy: UPDATE of Unsecured Creditors

TVT Records filed for bankruptcy on February 19, 2008. The following is a list of unsecured creditors in the bankruptcy proceeding pending in the US Bankruptcy Court, Southern District of New York (Manhattan):

• The Harry Fox Agency $7,328,225.85(U) - Disputed
• Kaye Scholer LLP $4,736,810.00(U) - Disputed
• Slip N Slide Records Inc. $4,579,200.00(U) - Disputed
• TVT Funding LLC $1,205,592.00(U)
• Cinram Manufacturing $576,641.00(U)
• Labaton Sucharow & Rudoff LLP $412,685.66(U)
• Castle Rock Entertainment $379,341.72(U) - Disputed
• SKA Films Diamonds Ltd. $358,370.15(U) - Disputed
• Warner Strategic Marketing $219,999.67(U)
• Christopher Bridges aka Ludacris $200,000.00(U) - Disputed
• Dreamworks/Universal Media $180,174.52(U)
• EMI Music Publishing $176,654.03(U)
• Lemarquis Jefferson $171,000.00(U)
• Vagrant Records $155,167.97(U)
• American Express $144,106.85(U)
• Little Jonathan Properties $132,800.00(U) - Disputed
• Universal Music Publishing $131,566.31(U)
• Universal Music Corp. $124,409.09(U)
• Kings of Crunks Studios Inc. $123,405.58(U) - Disputed
• Warner Chappell Music $121,846.39(U)

[TEEVEE Toons, Inc. dba TVT Records dba TVT Soundtrax dba TVT Distribution dba TVT Jazz dba Blunt Records; filed 2/19/2008; Petition #: 08-10562 Gropper]

QTrax Redux (The MySpace and/or EMI Editions)

QTrax was unsuccessful, but will MySpace fare any better as an ad-supported free music service authorized by the major labels?

Or, will EMI be successful in creating its own branded social networking site for music?

Does the Chicken need the Egg?

Digital Media Distribution Platform Sued by Sony

MediaNet Digital, a self-proclaimed "digital media distribution platform to leading global brands seeking to offer a music and video service to their customers", was sued by Sony/ATV Songs in the Southern District of New York for copyright infringement.

The complaint is not yet available, but keep your eyes on this case.

[Sony/ATV Songs LLC et al v. Musicnet, Inc., case no. 1:2008cv01487; complaint filed 2/13/08]

TVT Bankruptcy

Billboard reports:

TVT Records, once hailed as Billboard's top independent label and home to artists such as Lil Jon, Pitbull and Ying Yang Twins, will file for Chapter 11 bankruptcy this week, company head Steve Gottlieb tells Billboard.com. "This is not the end of TVT," he insists.

Rolling Stone reports that the label fired the majority of their staff.

Going Back to Ohio

OTCS was in Cleveland for the weekend and was reminded of one of its most popular blog entries regarding a copyright infringement action filed in the Northern District of Ohio against a winery for failure to obtain ASCAP public performance licenses. Following up on this matter, it appears that not much has occurred since initially filed. However, Judge Catherine O'Malley granted defendant winery an extension until February 27, 2008 to file an answer or other responsive pleading.

Generally Rule 12(a)(1)(a) of the Federal Rules of Civil Procedure ("...defendant shall serve an answer within 20 days after being served with the summons and complaint...").

[Freejunket Music et. al v. Ferrante Wine Farm, Inc; case no. 1:08-cv-00155; order issued Feb. 7, 2008]

Everyday (I Have the Blues)

Last week, William "Count" Basie's testamentary trust (as successor in interest) and a number of other musical luminaries filed a complaint in New York State Supreme Court, New York County (Manhattan) against the Universal Music Group seeking both damages and equitably relief arising out of UMG's "continuous systematic and callous disregard of the plaintiff's rights." Additionally, the complaint alleges breach of contract, and the issuing of false statements "with the hope of suppressing" plaintiff's earnings (i.e., royalties). Copies of the complaint are available upon request.

[The William Basie testamentary trust as successor in interest to William "Count" Basie; the estate of Sarah Vaughan; Keep Swingin' Inc. as successor in interest to Woody Herman; Patti Page; Kitty Kallen; John Mills obo The Mills Brothers; The Claire and Lester Brown testamentary trust as successor in interest to Les Brown; the estate of Jerry Murad; the estate of Sister Rosetta Tharpe; Marcia Laine as successor in interest to Frankie Laine; Tony Martin; the estate of Benny Goodman; Dick Hyman; Richard Hayman v. UMG Recordings Inc.; Universal Music Group Inc.; filed 2/14/2008; case no. 08-600461]

EU Copyright Extension

European Union Seeks Longer Music Copyrights: extension from 50 to 95 years, intended to benefit "thousands of European performers who recorded in the late 1950s and 1960s will lose all of their airplay royalties over the next 10 years".