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)

Warner's Hard Negotiation Tactics with YouTube

The Warner Music Group pulled all of its music from YouTube as negotiations over payment with Google's video site reached an impasse. Warner's move will affect its recordings as well as the songs it owns through Warner/Chappell Music.

Article.

First Sale Doctrine & MP3s: Bopaboo

Bopaboo.

A new digital music service is getting lots of attention for proposing to help consumers sell their used MP3s in much the same way people once unloaded second-hand albums.

Bopaboo has generated splashy headlines recently for coming up with what on the surface seems like a good idea. Music fans have always exercised their first-sale rights, which under copyright law, allows them to sell their unwanted CDs, tapes, and albums without permission from the copyright owner. Why can't they do the same with digital music?

Cnet article.