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Thomas verdict vacated; new trial ordered

The trial in Capital v. Thomas was one of the first stories I began tracking over a year ago.  See Jury Awards RIAA $222,000 against Thomas:  My Thoughts on the Verdict and Jammie Thomas to appeal verdict in RIAA Litigation.   Now, in a decision issued on September 24, 2008 - only eight days shy of [...]

By | 2008-09-29T13:04:47+00:00 September 29th, 2008|Copyright Issues, Digital Downloads, Entertainment Industry News, Entertainment Law, Music Law, Music Publishing|Comments Off on Thomas verdict vacated; new trial ordered

Second Circuit gets it wrong in Cartoon Network v. Cablevision

On August 4, 2008, the Second Circuit court of appeals overturned a lower courts opinion that Cablevision's Remote Storage” Digital Video Recorder ("RS-DVR") system violated the Copyright Act by infringing plaintiffs’ exclusive rights of reproduction and public performance.  The full 44-page opinion is available at Cartoon Network, LLP, et al. v. Cablevision.  In my humble yet [...]

By | 2008-08-05T15:09:23+00:00 August 5th, 2008|Copyright Issues, Digital Downloads, Entertainment Law, Internet Law, Music Law|Comments Off on Second Circuit gets it wrong in Cartoon Network v. Cablevision

All that glitters is not gold – tips on analyzing a songwriting/band contest

When is the last time you heard of someone getting a really "big break" in the music industry through any contest, other than perhaps American Idol?  That's because most artists and songwriters are not discovered through contests, they are discovered through relationships in the industry. Yet, there are literally hundreds of such contests out there [...]

By | 2015-03-21T21:48:48+00:00 July 17th, 2008|Copyright Issues, Music Law, Music Publishing, Songwriting|Comments Off on All that glitters is not gold – tips on analyzing a songwriting/band contest

Hey, what’s the big idea? Protecting your ideas when submitting them to a third party.

One question clients often asked me is whether an idea can be protected.  The question frequently arises when a client has an idea for a screenplay, or an outline for a story, or a unique title for a song or book, and wishes to submit or  “pitching” that idea to a major movie house, publisher [...]

By | 2008-06-12T13:49:43+00:00 June 12th, 2008|Copyright Issues, Entertainment Law, Music Law, RIAA, Trademark Issues|Comments Off on Hey, what’s the big idea? Protecting your ideas when submitting them to a third party.

Why “Freeconomics” – and the Music Industry’s Five Point Plan – won’t work in the long term

There is a great deal of talk these days about the concept of "freeconomics," spurned by the fact that most teenagers and college students are still ripping music and sharing it online.  Most recently, the major record labels commissioned a study from two think tanks, The Leading Question and Music Ally, which resulted in a [...]

By | 2008-05-20T10:36:00+00:00 May 20th, 2008|Copyright Issues, Digital Downloads, Music Law, Music Publishing|Comments Off on Why “Freeconomics” – and the Music Industry’s Five Point Plan – won’t work in the long term

You Say You Want A REVOLUTION?

      You say you want a revolution Well, you know We all want to change the world . . .   You say you've got a real solution Well, you know We'd all love to see the plan You ask me for a contribution Well, you know We are doing what we can [...]

By | 2008-04-02T09:43:18+00:00 April 2nd, 2008|Copyright Issues, Digital Downloads, Entertainment Industry News, Entertainment Law, Music Law|Comments Off on You Say You Want A REVOLUTION?

Fair is not always “Fair Use”

The concept of “fair use” is a very misunderstood concept.  The first common misunderstanding that people espouse is that the concept of “fair use” is a right or privilege granted by copyright law.  It is not.  Secondly, many people mistakenly believe that so long as they do not make any money from an infringing use [...]

By | 2015-03-21T22:05:03+00:00 March 13th, 2008|Copyright Issues, Entertainment Law, Music Law, RIAA, Songwriting|Comments Off on Fair is not always “Fair Use”

“More than a Feeling” – Momma, look what they’ve done to my song!

I received a call from one of my readers to address the topic of whether a songwriter has the ability to restrict the use of his or her composition in the instance it is being used in advancing a cause opposite to that espoused by the songwriter.  This was spawned, of course, by the recent [...]

By | 2008-03-05T11:51:11+00:00 March 5th, 2008|Copyright Issues, Entertainment Law, Music Law, RIAA|Comments Off on “More than a Feeling” – Momma, look what they’ve done to my song!

Columnist David Pogue sings a humorous diddy about the RIAA

New York Times technology columnist and Emmy-award winning CBS news correspondent David Pogue is featured in this YouTube video singing a fun diddy about the digital wave of media on the Internet, ending with a humorous take on the RIAA and its wave of litigation against college students nationwide.  Enjoy   Technorati Tags: [...]

By | 2008-02-28T16:53:40+00:00 February 28th, 2008|Copyright Issues, Digital Downloads, Internet Law, RIAA Litigation|Comments Off on Columnist David Pogue sings a humorous diddy about the RIAA

Atlantic Records et al. v. Brennan: Federal Judge Denies Default Judgment for RIAA

U.S. District Judge for the District of Connecticut  Justice Janet Bond Arterton, handed down a very pointed and decisive opinion hammering the R.I.A.A. for its boilerplate style of pleading in the nationwide wide campaign against illegal file sharing.   Justice Arterton was appointed by President Clinton in 1995.  The full decision is here:  Decision.  At several [...]

By | 2008-02-26T09:30:03+00:00 February 26th, 2008|Copyright Issues, Digital Downloads, Entertainment Law, Internet Law, Music Law, Music Publishing|Comments Off on Atlantic Records et al. v. Brennan: Federal Judge Denies Default Judgment for RIAA