Nothing left to lose – the ongoing war on copyrights

Kris Kristofferson and Fred Foster once penned one of my favorite lyrics in the song Me and Bobby McGee, i.e., “freedom’s just another word for nothing left to lose.”  The sentiment is perhaps appropriate for the ongoing war that is being waged against copyright laws as we know them.  The latest battle in this war [...]

By |2009-02-09T12:57:03-06:00February 9th, 2009|Copyright Issues, Digital Downloads, Entertainment Law, Internet Law, Life on the Row, Music Industry, Music Law, Music Row News|Comments Off on Nothing left to lose – the ongoing war on copyrights

My Avvo rating

My Avvo.com rating is a perfect 10! Please take the time to check out my information there and, if you're a past client or a colleague, give me a recommendation. It would be greatly appreciated. Barry Neil Shrum View lawyer's profile

By |2009-01-27T13:00:33-06:00January 27th, 2009|Entertainment Law, Internet Law, Life on the Row, Music Law, Music Row News|Comments Off on My Avvo rating

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 |2008-09-29T13:04:47-05:00September 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 |2008-08-15T10:20:25-05:00August 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 |2008-08-05T15:09:23-05:00August 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 |2008-06-12T13:49:43-05:00June 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 |2008-04-02T09:43:18-05:00April 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 |2015-03-21T22:05:03-05:00March 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 |2008-03-05T11:51:11-06:00March 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 |2008-02-26T09:30:03-06:00February 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