March 14, 2008
March 13, 2008
Well, That's ONE Way to Get Publicity
The woman at the center of the Elliot Spitzer, aka Client 9, scandal has a Myspace page. The page is embedded with her own recording of an original composition, "What We Want".
Remarkably, but not surprisingly, the song has been played over two million (2,000,000) times and counting! [Stats as of 3/13/08 at 11:10AM] How many of those "plays" occurred in the past couple days -- since her identity was revealed?
Anyway, you CAN'T BUY PUBLICITY LIKE THAT! I wonder if she has representation?
Assuming, arguendo, that media outlets exploit/copy the sound recording, as they have the woman's pictures posted on Myspace, is this fair use?
Remarkably, but not surprisingly, the song has been played over two million (2,000,000) times and counting! [Stats as of 3/13/08 at 11:10AM] How many of those "plays" occurred in the past couple days -- since her identity was revealed?
Anyway, you CAN'T BUY PUBLICITY LIKE THAT! I wonder if she has representation?
Assuming, arguendo, that media outlets exploit/copy the sound recording, as they have the woman's pictures posted on Myspace, is this fair use?
March 12, 2008
Doe No Mo'
A big day at the races for the RIAA, who have veered from their practice of filing copyright infringement suits against John Doe defendants by filing complaints against...wait for it... ACTUAL NAMED PLAINTIFFS!
A look inside the RIAA's allegations:
A third-party investigator retained by Plaintiffs, MediaSentry, Inc., identified an individual, later determined to be Defendant, using LimeWire on the P2P network Gnutella at IP address [xx.xx.xxx.xx] on [date] at [time] EDT distributing [number] audio files over the Internet. The Defendant was identified as the individual responsible for that IP address at that date and time.
After learning [Named Defendant]'s identity, Plaintiffs’ national counsel sent [Named Defendant] a letter advising her that copyright infringement had been detected and providing a telephone number and e-mail address that could be used to contact Plaintiffs’ representatives to try to resolve the matter before the commencement of litigation.
The parties were unable to resolve the matter, and Plaintiffs are therefore filing their Complaint against Defendant for copyright infringement.
What a breath of fresh air!
[See, e.g., Zomba Recording, LLC v. Cancino, No. 2:08-cv-00074 (S.D.Tex. complaint filed Mar. 12, 2008). As of this posting, OTCS counted no-less than 33 complaints filed in various federal courts by the RIAA against named defendants on March 11-12, 2008].
A look inside the RIAA's allegations:
A third-party investigator retained by Plaintiffs, MediaSentry, Inc., identified an individual, later determined to be Defendant, using LimeWire on the P2P network Gnutella at IP address [xx.xx.xxx.xx] on [date] at [time] EDT distributing [number] audio files over the Internet. The Defendant was identified as the individual responsible for that IP address at that date and time.
After learning [Named Defendant]'s identity, Plaintiffs’ national counsel sent [Named Defendant] a letter advising her that copyright infringement had been detected and providing a telephone number and e-mail address that could be used to contact Plaintiffs’ representatives to try to resolve the matter before the commencement of litigation.
The parties were unable to resolve the matter, and Plaintiffs are therefore filing their Complaint against Defendant for copyright infringement.
What a breath of fresh air!
[See, e.g., Zomba Recording, LLC v. Cancino, No. 2:08-cv-00074 (S.D.Tex. complaint filed Mar. 12, 2008). As of this posting, OTCS counted no-less than 33 complaints filed in various federal courts by the RIAA against named defendants on March 11-12, 2008].
March 11, 2008
A&E Doesn't Like the Way You Count
New York Supreme Court, New York County -- Complaint filed by A&E Television for breach of an administration agreement with Signature Sound, Inc., and subsequent breach of a termination agreement by defendants, who allegedly failed failed to forward the plaintiff quarterly statements of account with pay-outs itemized as is the custom of the television music industry for the musical works for which defendant was receiving royalties.
According to Defendant's website, they are "the most active music clearance and licensing company on the East Coast. We research music rights and secure all licenses and permissions for the use of copyrighted works and recordings on television, motion pictures, commercials, corporate productions and the Internet"
[A & E Television Networks v. Signature Sound Inc. aka North Hollow Music; Elliot Schrager; filed 3/10/2008; No. 08-600711]
According to Defendant's website, they are "the most active music clearance and licensing company on the East Coast. We research music rights and secure all licenses and permissions for the use of copyrighted works and recordings on television, motion pictures, commercials, corporate productions and the Internet"
[A & E Television Networks v. Signature Sound Inc. aka North Hollow Music; Elliot Schrager; filed 3/10/2008; No. 08-600711]
March 10, 2008
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