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Sony BMG announces McBee promotion

Earlier this week, Tom Baldrica, vice president of marketing at Sony BMG, announced that Heather McBee has been promoted to vice president of digital business.  McBee, who has been with the label for 14 years, was formerly senior director of that department. Baldrica said in a prepared statement: "I'm so proud of this promotion.  Heather [...]

By | October 26th, 2007|Digital Downloads, Entertainment Industry News, Life on the Row, Music Law, Music Row News|Comments Off on Sony BMG announces McBee promotion

UT Student’s Motion to Quash subpoena is denied in Virgin Records et al. v Does 1-3

On August 16, 2007, Doe No. 28 in the RIAA's action captioned Virgin Records America, Inc. et al. v. Does 1-33 filed a motion to squash the subpoena issued to the University of Tennessee on the grounds that, one, it was unreasonable on its face and, two, it violates his rights under the Family Educational [...]

By | October 24th, 2007|Copyright Issues, Entertainment Industry News, Music Law, RIAA Litigation|Comments Off on UT Student’s Motion to Quash subpoena is denied in Virgin Records et al. v Does 1-3

What is a work made for hire?

Section 101 of the United States Copyright Act defines work for hire at as follows: (1) a work prepared by an employee within the scope of his or her employment; or   (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture [...]

By | October 15th, 2007|Copyright Issues, Music Industry, Music Law|Comments Off on What is a work made for hire?

Tricks of the Trade

The "Star Power" theory of damage reduction in copyright infringement actions Most consumers instantly recognize brand names such as Coca-Cola®, Nabisco®, Frito-Lay®, and Sony®. As a result of their prior purchasing experience with these brands, a consumer is much more likely to purchase a new brand of cookies bearing the Nabisco®® label than they are [...]

By | October 12th, 2007|Copyright Issues, Life on the Row, Music Law|Comments Off on Tricks of the Trade

Holy Copyright, Batman! The Legal Doctrine of Scenes a Faire

This article originally appear in the print edition of Law on the Row, Volume 2, Issue 1 on September 9, 2002.  Imagine two musical works written in a minor key using a standard jazz progression such as I-IV-II-V. Further imagine that Work B is alleged to be an infringement of Work A. The author of [...]

By | October 11th, 2007|Copyright Issues, Entertainment Industry News, Music Law, Music Row News, Songwriting|Comments Off on Holy Copyright, Batman! The Legal Doctrine of Scenes a Faire

Virgin v. Thomas: Sherman testimony not allowed; possible verdict today

In a blow to the Recording Industry Association of America, U.S. District Court judge Michael Davis ruled yesterday that the infamous president of the RIAA, Cary Sherman, could not testify in the trial of accused music-sharer Jammie Thomas because "nis testimony would not be relevant," despite the arguments of Plaintiff’s attorney, Richard Gabriel, that Sherman's [...]

By | October 4th, 2007|Music Industry, Music Law|Comments Off on Virgin v. Thomas: Sherman testimony not allowed; possible verdict today

What’s in a Name? Personal Names as Trade Names

 By James H. Harris III* More than just occasionally, entertainers adopt stage names. They do so because they believe the new name will add a luster and specific identity to their careers. Thus, Harold S. Jenkins became Conway Twitty. A stage name, of course, is a type of mark that an entertainer uses to identify [...]

By | March 22nd, 2002|Entertainment Industry News, Music Law, Trademark Issues|Comments Off on What’s in a Name? Personal Names as Trade Names