All The Birds Will Be Singin'

Willie Nelson, "flipping the bird" (i.e., giving his middle finger) in a photograph, is the center of a copyright infringement suit filed in Sacramento. Spencer's Gifts, of shopping-mall fame, has been selling T-Shirts at its physical outlets and online that have a copyrighted image of Nelson imposed thereon. (Article at MSNBC).







Does W. Nelson have any claims of his own? Privacy, name and likeness etc?

R(ather) I(nteresting) A(rticle) A(ttached)

The New York Law Journal has an interesting article today about the RIAA chasing student infringers on college campuses. The article examines the University/Student relationship (in terms of privacy), and outlines policy concerns over both (i) the RIAA's actions, and (ii)the willingness of academic institutions to comply with discovery requests issued by the RIAA in John Doe infringement suits.

Also, the author draws a parallel between the RIAA's accusations against students for infringement (in their demand letters) and the Debtor/Creditor relationship. The article examines New York, California, and Federal law governing creditor practices.

[Donald N. David, "Privacy Needs Key Despite Music Piracy on Campuses"]

'Steada Kisses, We Get Kicked / It's a Hard Knock Life

Shawn Carter a/k/a Jay-Z sued in New York Supreme Court (NY County/Manhattan) for employment discrimination on the basis of gender and disability. Folake Ogundiran (plaintiff) was a former sales associate for Jay-Z at his 40/40 Club, but was allegedly fired after she became pregnant. Apparently, pregnancy doesn't fit the "unattached and 'sexy'" image the 40/40 Club allegedly embraces. Now THAT'S Baller.

Climbing Up on Salisbury Division (eh, Solsbury Hill)...

Maybe it's because OTCS is still a rookie covering the beat, but it sure seems like there are a lot of copyright suits against pubs/bars/taverns/places of business for public entertainment for infringement of the public performance right.

Again, the publishers are just upset that the Defendants haven't obtained an ASCAP license. (Compl. 15(a)-(b) "Defendants have not sought or obtained a license agreement from Plaintiffs of [ASCA]...Despite numerous letters and other contacts by ASCAP representatives informing the Defendants of their liability...") Scaring them with statutory damages should do the trick (17 U.S.C. 504(c)).

Mark another one on the docket, WB Music et al. v. K Carlson Enterprises, Inc. and Karen Reeder Carlson, 1:07-cv-00797-WO-PTS (Mid.Dist. N.C.). Looks to be rather cookie-cutter, with an attached spreadsheet outlining each Plaintiff's copyrighted work (e.g., who owns, registration no.), which performance/version was infringed, and the date of such infringement.

Ramble On...

Robert Plant asserts that the upcoming Led Zeppelin performance (Ahmet Ertugen Tribute Nov. 26 in London) will NOT be the launching ground of a Led Zeppelin tour.

I suppose when you make enough money on album sales (exclusively in the physical realm, no less!), public performance on the radio (what city doesn't have a Led Zeppelin/Pink Floyd channel? WNCX baby!), & merchandise etc....AND you haven't recorded new material as a band since at least 1982's "Coda"... you can turn away a gold-mine...?!

This Is What You Get, When You Mess With Us...

More Radiohead news: the band, in its post EMI days, continues to shun major labels. Among other news outlest, the New York Times reports:

Under the proposed deal, Radiohead would license the album, “In Rainbows,” for a specified period of time but retain ownership of the recording.

Take that "360 degree" deal! A band, retaining its copyright ownership in its work? What? What?! What?!?

Of course, it appears that the Licensee will be a traditional label, so not much new in terms of distribution and earning revenue off traditional products like CDs and mp3s. The #1 candidate on the radar right now for a US licensee is ATO Records, and though not a "major" US label, ATO certainly has its share of high-profile artists (e.g., David Gray, Ben Kweller).

After the Show it's the Afterparty, After the Party it's the...Wafflehouse

OTCS is not a gossip blog. In fact, OTCS focuses mostly on civil litigation and private deals in the music business. But, to everything turn, turn, turn...to the world of criminal law.

Kid-Rock (and members of his entourage) arrested in the early morning hours (5 AM; 10/21/07) for brawling at a Waffle-House Restaurant after his performance in Atlanta on Sunday.