Good Morning You Prod. v. Warner/Chappell Music, No. 2:13-cv-04460 (C.D. Cal. filed 07/25/14) (Doc. 132).
The Court concluded that the 1979 transmittal by a music publisher to ASCAP, of letters prepared by the publisher's attorneys, did not waive the attorney-client privilege applicable to those materials. The letters "speak directly to the validity of the copyrights" in the song Happy Birthday To You. "The [transmittal] letter is silent as to the specific reason why [the publisher] provided materials from its outside lawyer to the association’s lawyer regarding the validity. However, the only sensible conclusion that the Court can draw – that is, based on the evidence presented, it is more likely than not – is that ASCAP needed or requested this information to properly represent [the publisher] in exploiting its song rights. ASCAP would only have been able to sue an infringer if it could demonstrate that its principal [the publisher] owned a valid copyright"
July 29, 2014
Attorney's Fees Awarded To Defendants In Black Eyed Peas Alleged Infringement Case
Pringle v. Adams, No. 8:10-cv-01656 (C.D. Cal. filed 07/23/14) (Doc. 326).
The Court awarded over $1 million in attorney's fees and costs to multiple defendants who successfully defeated, both at the trial level and on appeal, a copyright infringement claim concerning the Black Eyed Peas song "I've Gotta Feeling." The Court did not grant all the fees requested, however.
The Court awarded over $1 million in attorney's fees and costs to multiple defendants who successfully defeated, both at the trial level and on appeal, a copyright infringement claim concerning the Black Eyed Peas song "I've Gotta Feeling." The Court did not grant all the fees requested, however.
July 28, 2014
Proposal To Make Illegal Streaming A Felony
Statement of David Bitkower, Acting Deputy Assistant Attorney General, Criminal Division, U.S. Dep't of Justice, before the Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, U.S. House of Representatives, for a hearing entitled "Copyright Remedies," presented on July 24, 2014. [Link].
In a congressional hearing, a Department of Justice officer states that the Department supports a felony penalty for illegal streaming of music. (See statement, p. 7). Currently, there are felony penalties for illegal distribution and reproduction (downloads), but only misdemeanor penalties for illegal public performance (streaming).
In a congressional hearing, a Department of Justice officer states that the Department supports a felony penalty for illegal streaming of music. (See statement, p. 7). Currently, there are felony penalties for illegal distribution and reproduction (downloads), but only misdemeanor penalties for illegal public performance (streaming).
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