Suit Against Singer's Heirs Advances Over Royalties

Artists Rights Enforcement Corp. v. Haskins, No. 105227/04, 2008 NY Slip Op 33357(U), 1/2/09 N.Y.L.J. "Decision of Interest" (N.Y. Sup. Ct., N.Y. Co., Dec. 16, 2008)

Plaintiff corporation specializes in assisting artists, songwriters and music publishers with the recovery of royalties and other fees due from their artistic material and/or performances. Plaintiff now asserts causes of action for breach of contract, tortious interference with contractual relations and tortious interference with prospective economic advantage against the heir of John Kendricks, a singer and composer, whose work includes "The Twist." The action is based on a 1984 agreement between plaintiff and the singer/composer. For many years, until the mid-1980s, the singer/composer was not receiving royalties. In an effort to collect the royalties, he entered into a written letter agreement with plaintiff in 1984. It was undisputed that the singer/composer signed the 1984 agreement, under which plaintiff was entitled to receive 50% of all amounts realized as a "proximate result" of plaintiff's activities in recovering royalties due to the singer/composer. The court denied plaintiff's summary judgment motion.

NY State Action Re: Distribution of Music

In New York Supreme Court, New York County, plaintiff distributor of physical music formats brings contract action for failure to pay proceeds from the sales and distribution of music. Alleged damages: $416,000.

Red Distribution LLC v. Brater Myer Consulting Inc. dba Rawkus Records LLC dba Rawkus Records dba Brater Myer Consulting LLC; Brater Myer Consulting Inc. dba Rawkus Records LLC dba Rawkus Records; Rawkus Records LLC dba Rawkus Records dba Brater Myer Consulting Inc. dba Brater Myer Consulting LLC; Brian Brater; Jarret Myer. No. 08-117338; filed12/30/2008

NY State Action Against Labels

In New York Supreme Court, New York County, Plaintiff filed summons with notice for breach of contract and unjust enrichment against two major labels, his former band ("Dr. Hook") and a band-mate. Alleged damages: $500,000.

Plaintiff's autobiography, including statements concerning his relationship with the band, appear on his website.

George Cummings Jr. v. EMI Music Inc.; Sony BMG Music Entertainment; Dr. Hook of Tennessee Inc.; Dennis Locorriere. No. 08-603856; filed 12/30/2008.

PI Denied in Record Label Trademark Suit

Medici Classics Productions LLC v. Medici Group LLC, No. 07-cv-09938, 12/30/08 NYLJ "Decision of Interest" (S.D.N.Y. Dec. 19, 2008).

Micro-boutique record label denied preliminary injunction - claimed trademark infringement against classical music recording label over use of MEDICI mark. Analysis under each of the Polaroid factors.

Plaintiff Medici Classics Productions LLC (MCP) was created in 2003. After lapse of 2004 registration, its "Medici Classics" trademark was issued on Jan. 2, 2008. Since 2003 MCP sold 494 copies of five CD recordings, and 335 copies of two DVD performances, by its principal for $7,000. Defendant Medici Group produces CDs, DVDs and other media relative to a broad range of classical music by renowned artists. Its "Medici Arts" and "Medici Masters" marked recordings are distributed in the United States by Naxos of America Inc. The court denied MCP a preliminary injunction barring Naxos and Medici Group's alleged infringement of trademark, finding MCP's "Medici Classics" mark weak. Discussing the Polaroid factors, the court found that plaintiff showed little likelihood of confusion. MCP's marks were the weaker due to minimal promotion and sales. The possibility of confusion was further decreased by the sophistication of buyers who were capable of distinguishing between the parties' distinct logos.

[Summary by New York Law Journal]

RIAA Wrapup - 2008

From p2pnet.

The RIAA in 2008: highlights

A summary of events involving the RIAA in 2008.

Criticism of Beatles Re-Issues (Or Lack Thereof)

"...the inability of Apple and EMI to get this music onto the market is a symbol of how pathetic the record business has become, and how dysfunctional Apple continues to be."

Allan Kozinn, Hard Day's Night for Beatles Reissues, 12/26/08 New York Times (Music)