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Considering a new U.S. copyright act

Is it time for Congress to draft a replacement for the 1976 Copyright Law? In point of fact, the law was drafted almost half a decade ago now and its last major amendment came in 1998 with the addition of the DMCA. Many argue that the advent of digital technology, driven of course by the [...]

By | 2017-07-20T17:43:57+00:00 December 11th, 2014|Copyright Issues, Music Industry, Music Law, Music Publishing, Technology|Comments Off on Considering a new U.S. copyright act

New Wine in Old Wine Skins

People don't pour new wine into old wineskins. If they do, the wine will make the skins burst, and both the wine and the skins will be ruined.   -Mark 2:22 Article 1, Section 8,Clause 8 of the United States Constitution is the starting point for any discussion of intellectual property, and in this specific case [...]

By | 2017-07-20T17:44:01+00:00 December 16th, 2011|Uncategorized|Comments Off on New Wine in Old Wine Skins

SOPA and PROTECT IP: Is the Sky Falling on the Internet?

By Amber Rose and Barry Shrum If you've cruised the net or checked out your local news any time within the last few months, chances are you've heard rumors currently sweeping the United States about two pieces of proposed legislation : H.R. 3261 entitled the Stop Online Piracy Act (“SOPA”) and S. 968 entitled the [...]

By | 2017-07-20T17:44:01+00:00 December 8th, 2011|Digital Downloads|Comments Off on SOPA and PROTECT IP: Is the Sky Falling on the Internet?

YouTube Uses Happy Tree Friends to Educate on Copyright

By Rachel Galloway IMPORTANT NOTICE:  The views expressed in this article are solely those of Ms. Galloway and may not necessarily reflect the views of Law on the Row or Barry Neil Shrum, Esquire. The last time I watched a Happy Tree Friends video was when I was around 13 years old in the company [...]

By | 2017-07-20T17:44:04+00:00 April 28th, 2011|Copyright Issues, Digital Downloads, RIAA|Comments Off on YouTube Uses Happy Tree Friends to Educate on Copyright

Solutions for the Orphaned Works of Copyright: Google Books Decision Highlights Need for Action

The recent decision presented by the honorable Judge Chin on the matter of copyright infringement in the case The Authors Guild v. Google Inc. raised numerous issues in the arena of Intellectual Property. In addition to opposing the “opt-out” stipulation written into the settlement, Judge Chin also contested the way Google Inc. approached and viewed [...]

By | 2017-07-20T17:44:04+00:00 March 29th, 2011|Entertainment Law, Music Law, RIAA|Comments Off on Solutions for the Orphaned Works of Copyright: Google Books Decision Highlights Need for Action

Judge Chin rejects settlement agreement in Authors Guild v. Google

Under Rule 23(e) of the Federal Rules of Civil Procedure, a settlement of a class action requires approval of the court. Fed. R. Civ. P. 23(e). The court may approve a settlement that is binding on the class only if it determines that the settlement is "fair, adequate, and reasonable, and not a product of [...]

By | 2017-07-20T17:44:05+00:00 March 25th, 2011|Copyright Issues, RIAA|Comments Off on Judge Chin rejects settlement agreement in Authors Guild v. Google

Illegal file-sharing has the greatest impact on the lowly songwriter

A decade’s worth of music file-sharing and swiping has made clear that the people it hurts are the creators... and the people this reverse Robin Hooding benefits are rich service providers, whose swollen profits perfectly mirror the lost receipts of the music business.  -Bono (New York Times, January 2010) The passage of the Digital Economy [...]

By | 2017-07-20T17:44:05+00:00 March 24th, 2011|Digital Downloads, Music Publishing, RIAA|Comments Off on Illegal file-sharing has the greatest impact on the lowly songwriter

The Utilitarian Idea of a Monopolistic Right in Intangible Property

By Barry Neil Shrum, Esquire and Nathan Drake The classical libertarian, Frédéric Bastiat, is quoted as saying: In the full sense of the word, man is born a proprietor. . . . Faculties are only an extension of the person; and property is nothing but an extension of the faculties. To separate a man from [...]

By | 2017-07-20T17:44:05+00:00 March 22nd, 2011|Copyright Issues, RIAA|Comments Off on The Utilitarian Idea of a Monopolistic Right in Intangible Property

French Court Finds Google Liable and Refused to Apply Safe Harbor Provisions of The Law of Confidence in the Digital Economy

The search engine giant Google, known for its colorful name and creative endeavors, has been convicted in French Court of infringing the copyrights of four artistic works and now faces fines upwards of $600,000, not including legal costs and attorneys fees. The plaintiffs in the case was made up of four entities who owned the [...]

By | 2017-07-20T17:44:06+00:00 March 18th, 2011|Copyright Issues, RIAA|Comments Off on French Court Finds Google Liable and Refused to Apply Safe Harbor Provisions of The Law of Confidence in the Digital Economy

Immigration and Counterfeit Enforcement Agency Brings Criminal Charges against Owner of ChannelSurfing.Net

By Barry Neil Shrum & Nathan Drake In November 2010, the Federal Immigration and Counterfeit Enforcement agency ("ICE") recently seized 82 websites and shut them down on the grounds that they were committing criminal copyright infringement. One of these websites has recently become the spotlight of attention:. Brain McCarthy, the owner and operator of channelsurfing.net, [...]

By | 2017-07-20T17:44:06+00:00 March 8th, 2011|Copyright Issues, Digital Downloads, RIAA|Comments Off on Immigration and Counterfeit Enforcement Agency Brings Criminal Charges against Owner of ChannelSurfing.Net