Black Keys Sue Over Song In Commercials

Daniel Auerbach et al. v. The Home Depot, Inc., No. 2:12-cv-05386 (C.D. Cal. filed 06/21/12) [Doc.1]

The Black Keys sued the Home Depot, and in a related action Pizza Hut, for the alleged unauthorized use of the single "Lonely Boy" (released 2011) in commercials.  The sole cause of action is for copyright infringement.

2d Cir Affirms Adjustable Carve Out Rates For Performance Rights Licenses

BMI v. DMX, Inc., Docket Nos. 10-3429-cv and 11-127-cv (2d Cir. decided June 13, 2012) (decision).

The 2d Circuit holds that the consent decrees with the performing rights organizations permits blanket licenses subject to carve-outs to account for direct licensing by the music user.  Then, the 2d Circuit held that the rate-court (SDNY) set reasonable rates.

ASCAP Royalty For Mobile Devices Affirmed By 2d Cir.

ASCAP v. MobiTV et al., Docket Nos. 10-3161-cv(L) (2d Cir. May 22, 2012).


This  appeal  concerns determination  of  the  proper  royalty  that ASCAP is  entitled to  receive  for  a  blanket  public performance license for music in the ASCAP repertory that is embodied in  television  and  radio  content  to  be  delivered  to  viewers  and listeners using mobile telephones.

When the parties could not agree on a price for the performance rights to the music component of Mobi’s offerings, ASCAP sought a reasonable rate in the District Court for the Southern District of New York, acting as a rate court pursuant to  a  consent  decree.  Following  a  bench  trial,  the  District  Court
(Denise  Cote,  District  Judge)  issued  a  judgment  on  July  7,  2010, establishing various royalty rates, depending on the nature of the programming, and designating the revenue bases to which those rates apply. See  In re Application  of MobiTV, Inc.,  712  F. Supp.  2d  206 (S.D.N.Y.  2010).  ASCAP  appealed,  contending  that  the District Court’s rate formulation should have been based on the retail
revenues  received  by  the  wireless  carriers  from  sales  to  their customers, rather than the content providers’ wholesale revenues paid by Mobi.  The Second Circuit disagreed with ASCAP and AFFIRMED.

2d Cir Decision On DMCA Safe Harbor In Viacom v Youtube

Viacom v. YouTube (2d Cir. Apr. 5, 2012). Decision. Not a "music" case, but extremely important decision that will impact future infringement cases.

This appeal required the Second Circuit to clarify the contours of the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA) that limits the liability of online service providers for copyright infringement that occurs “by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider.” 17 U.S.C. § 512(c). The District Court held that the defendants were entitled to DMCA safe harbor protection primarily because they had insufficient notice of the particular infringements in suit. The Second Circuit held:

We conclude that the District Court correctly held that the § 512(c) safe harbor requires knowledge or awareness of specific infringing activity, but we vacate the order granting summary judgment because a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website. We further hold that the District Court erred by interpreting the “right and ability to control” provision to require “item-specific” knowledge. Finally, we affirm the District Court’s holding that three of the challenged YouTube software functions fall within the safe harbor for infringement that occurs “by reason of” user storage; we remand for further fact-finding with respect to a fourth software function.

Rick Ross Name Claim Time Barred

Ross v. William Leonard Roberts II, No. BC450511 (Superior Court for the State of California, County of Los Angeles).

It is reported that a lawsuit accusing rapper Rick Ross, his label and others of misappropriating the name and identity of former drug kingpin "Freeway" Ricky Ross, has been dismissed based on an expired statute of limitations. The Judge ruled that the former drug trafficker's claims were barred by the two-year statute of limitations under California's single publication rule and the doctrine of laches. Per the Court, the rapper's first hit single received significant radio play beginning in 2005 and alerted plaintiff, who was in prison at the time, that his name was being used commercially.

Andre 3000 Of Outkast Escapes Cartoon Treatment Case

McGee v. Andre Benjamin 3000, 1:08-cv-11818-DPW (D. Mass. Mar. 20, 2012) [Doc. 126].

This copyright action arises out of a treatment for an animated television series developed by Plaintiff Timothy McGee and unsuccessfully pitched to Defendant The Cartoon Network (“Cartoon Network”) in 1997. Nearly ten years later, Cartoon Network aired Class of 3000, which was co-created and co-produced by Thomas Lynch and Defendant André Benjamin. Alleging that Benjamin, Cartoon Network, and its parent company, Defendant Turner Broadcasting Systems, Inc. (“TBS”), copied his cartoon treatment, McGee filed suit against the defendants for copyright infringement and various state law claims. Defendants Cartoon Network and TBS have moved to dismiss, and McGee has filed several motions to amend the complaint and two motions to enforce an earlier discovery order. The court granted the defendants’ motion to dismiss and deny McGee’s motions

Settlement Reached In Class Action Over Digital Royalties

Shropshire v. Sony Music, 1:07-cv-02394 (S.D.N.Y. filed 03/07/12) [Doc. 120].

Record label Sony Music agreed to pay nearly $8 million to settle a proposed class action brought by Elmo & Patsy and members of The Youngbloods in which Plaintiffs alleged that the label failed to pay artists proper royalties on sales of digital recordings.