June 13, 2008

Friday Night Concert - Pt. 1

Manager Responds to Motley With Own Federal Suit

From the tipster wire:

Burt Stein, business manager of the lead singer of heavy metal band Motley Crue, has filed suit against the band in Nashville's federal court. He accuses the band and its management of trying to cut him out of the percentage of revenues he has shared in for many years

E. Thomas Wood, "Crue sued: Manager fires back in Motley feud", 6/16/08 Nashville Post.com

Claims: breach of contract, breach of covenant of good faith, and declaratory judgment.
[B Entertainment, Inc. v. Kovak, No. 3-08-cv-00592 (M.D. Tenn. complaint filed 6/13/08)]

Read this document on Scribd: B Entertainment v kovak (motley crue) COMPLAINT

Band Sues Manager

Motley Crue filed suit against their management, claiming they're the victims of a major money and power grab. Allegedly, manager Burt Stein and his management companies took money and made backroom deals without their permission in order to cash in on the band's popularity.

Resale of Promo CDs

EFF beats UMG in Augusto case; resale of promo CD's on eBay is NOT a copyright infringement

The key to the decision is the First Sale Doctrine: because the label transferred title of the promo CDs to music industry insiders, those insiders were owners of the CDs at the time they sold them.

[UMG Recordings v. Augusto, No. 07-cv-03106-SJO (C.D. Cal. decided June 10, 2008)]

Read this document on Scribd: UMG v Augusto BLOG first sale doctrine

Label Sues STP

Atlantic Records sued members of '90's alt-band Stone Temple Pilots (June 12), for alleged breach of contract; i.e., trying to prematurely end their recording contract with the Warner Music Group.

Anticipatory breach? Choice of law (NY v. CA)? It's all there. (Billboard article).

Details to follow...

June 11, 2008

MP3Tunes Update

Back in November, 2007, OTCS did a posting on a copyright infringement claim filed against MP3Tunes. (Posting here.) At the time, our hypothetical questions were ignored. (OTCS takes absolutely no position on the merits of the case or defense.)

So, we hadn't heard anything until a Tipster dropped us a line today:

"...just completed oral arguments on jurisdiction for the company and [MP3Tunes CEO Michael Robertson personally]."

CEO Michael Robertson's take on the issue of his personal liability is available on his website. ("The Record Label Wants My Minivan"; June 11, 2008).

Thanks Tipster. Please let us know what the court finds (e.g., send us a copy of the decision).

[Capitol Records Inc.; Caroline Records Inc.; EMI Christian Music Group Inc.; Priority Records LLC; Virgin Records America Inc.; Beechwood Music Corp.; Colgems-EMI Music Inc.; EMI April Music Inc.; EMI Blackwood Music; EMI Full Keel Music; EMI Golden Torch Music Corp.; EMI Longitude Music; EMI Virgin Music Inc.; EMI Virgin Songs Inc. v. MP3Tunes LLC; Michael Robertson. Filed S.D.N.Y. 11/9/2007; 07 CV-9931]

50 Cent's Girlfriend - Not Evicted (Yet)

Rapper 50-Cent's Girlfriend Granted Interim Stay of Eviction From Home

Tompkins v. Jackson, No. 102255-2006, 6/11/08 N.Y.L.J. "Decision of Interest" (Sup.Ct., N.Y. Co. decided May 14, 2008):

This court adopts the view that unmarried cohabitants may lawfully contract concerning their financial and other matters relevant to their relationship, subject to the rules of contract law, except where sexual services constitute the only consideration for the agreement [cit. om.]. Therefore, the complaint alleges sufficient services rendered by the plaintiff, which are non-sexual in nature and separable from the parties' relationship, such that a breach of contract claim in this regard supports plaintiff's request for an interim stay.

The court also found that the imposition of a constructive trust concerning the parties house in Dix Hills (NY), a partition of same, an accounting, quantum meruit for services performed, and damages for unjust enrichment were sufficiently plead in Plaintiff's complaint to warrant preliminary injunctive relief.