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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

Sugarland Lawsuit filed in Georgia illustrates need for prior provisions among band members

On August 7th, a lawsuit was filed by Kristen Alison Hall, former member of the country band, Sugarland, against the remaining original members of the band, Jennifer Nettles and Kristian Bush.   A copy of the complaint can be viewed here. Essentially, the lawsuit alleges that Nettles and Bush breached a partnership agreement between the three [...]

By | 2008-08-15T10:20:25+00:00 August 15th, 2008|Entertainment Industry News, Entertainment Law, Life on the Row, Music Law, Music Row News|Comments Off on Sugarland Lawsuit filed in Georgia illustrates need for prior provisions among band members

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

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.

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!

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

New Copyright Legislation, H.R. 4279, being considered by House Committee on the Judiciary

The U.S. House of Representatives introduced a 69-page bill entitled the "Prioritizing Resources and Organization for Intellectual Property Act of 2007."  The legislation is significant in that it increases civil penalties for copyright infringement, expands criminal enforcement, and creates both a new federal agency and a new division of the Attorney General's office of the [...]

By | 2008-02-22T16:59:35+00:00 February 22nd, 2008|Copyright Issues, Entertainment Law, Music Law|Comments Off on New Copyright Legislation, H.R. 4279, being considered by House Committee on the Judiciary

Copyright Royalty Board begins critical hearings

On Monday, January 28th, the Copyright Royalty Board (CRB) began what will be four weeks of hearings.  The CRB will hear testimony from interested parties on both sides of issues which will ultimately determine the statutory mechanical rates for songwriters and music publishers. The CRB sets these rates periodically, but these particular hearings are more [...]

By | 2008-01-29T07:15:28+00:00 January 29th, 2008|Digital Downloads, Entertainment Industry News, Entertainment Law, Internet Law, Music Publishing|Comments Off on Copyright Royalty Board begins critical hearings