In the federal case UMG Recordings v. Veoh Networks, UMG's motion for summary judgment has been denied. UMG moved for partial summary judgment determining that Veoh was not entitled to the "safe harbor" afforded by the Digital Millennium Copyright Act. The District Court disagreed.
Decision.
UMG Recordings, Inc. v. Veoh Networks, Inc., No. 2:07-cv-05744-AHM-AJW (C.D. Cal., decided Dec. 29, 2008) [Doc. 293]
January 7, 2009
Has Anyone Read?
Steve Knopper, APPETITE FOR SELF-DESTRUCTION: The Spectacular Crash of the Record Industry in the Digital Age (Free Press 2009).
Commentary from New York Times.
Commentary from New York Times.
Barring Foreign FM Broadcasts in Europe
Sabrina Tavernise, "Azerbaijan Bars Foreigners From Use of Its FM Band", 1/6/09 New York Times (World).
Azerbaijan has begun to enforce a law that bans foreign companies from broadcasting on national frequencies, effectively closing its airwaves non-domestic radio broadcasters. Foreign companies are still permitted to broadcast on shortwaves, satellite and cable. “They can broadcast any way they like, except for on our national FM frequency,” said an official in Azerbaijan’s presidential administration.
Azerbaijan has begun to enforce a law that bans foreign companies from broadcasting on national frequencies, effectively closing its airwaves non-domestic radio broadcasters. Foreign companies are still permitted to broadcast on shortwaves, satellite and cable. “They can broadcast any way they like, except for on our national FM frequency,” said an official in Azerbaijan’s presidential administration.
January 6, 2009
iTunes Goes DRM-Free on Remaining Majors
Apple reportedly has signed a deal with three more major labels (Sony, Universal and Warner Music) to bring more DRM-free MP3s to iTunes.
As part of the deal, Apple will reportedly be more lax on their strict price fix, breaking MP3s into three tiered pricing: Older catalog tracks,79-cents; newer songs, 99-cents; and hit songs, more.
[Rolling Stone]
As part of the deal, Apple will reportedly be more lax on their strict price fix, breaking MP3s into three tiered pricing: Older catalog tracks,79-cents; newer songs, 99-cents; and hit songs, more.
[Rolling Stone]
January 4, 2009
Zappa/Ryko Dispute Update
A reader emailed us asking for an update on earlier postings (January 2008) about a dispute between the Estate of Frank Zappa and the Rykodisc label.
The docket sheet indicates that after some initial scheduling issues, defendant Rykodisc filed a motion to dismiss and for a more definitive statement in June 2008 (Docket no. 17). On Sept. 3, 2008, the court granted defendant's motion to dismiss plaintiff's Lanham Act claims (i.e., trademark claims), but denied the motion for a more definitive statement (Fed.R. Civ. P. 12(e)). (Docket no. 25). Unfortunately, the order refers to an August hearing for its reasoning, the transcript of which is not available.
Thereafter, defendant answered the amended complaint, and the parties are now litigating issues concerning leave to serve interrogatories.
[Zappa v. Rykodisc, Inc.; case no. 08-cv-00396-WHP (S.D.N.Y. filed 1/15/08)]
January 2, 2009
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.
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.
December 31, 2008
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
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
Subscribe to:
Posts (Atom)
Posts
