Recently, on December 12, 2023, the Copyright Royalty Judges announced a cost-of-living adjustment (COLA) increase in the mechanical royalty rates for the 17 U.S.C. §115 statutory license for making and distributing phonorecords of nondramatic musical works regarding physical phonorecords and Permanent Downloads. The new rate is 12.40 cents per reproduction or 2.39 cents per [...]
Last week, I was so honored to see many of the members of the NaSHOF at our Hall of Fame Reunion Lunch, held at Ray Stevens’ Cabaray Showroom on December 7. The annual event is always one of my favorite, next to the NaSHOF Gala, and it is always good to see old friends [...]
By Katy GasperAliveCor, self-proclaimed “global leader in FDA-cleared personal electrocardiogram (ECG) technology and services,” has recently filed a complaint with the U.S. International Trade Commission (ITC) against Apple Inc. stating infringement on three of their patents in the production and sale of the Apple Watch. AliveCor Background:Since 2011, AliveCor has invested largely in the technology [...]
By Katy GasparPearl Jam tribute band, Pearl Jamm, recently received a cease-and-desist letter requesting a change of name and logo, the turning over of domain names, and the destruction of all unsold merchandise. Is this within their rights? To begin, what is a trademark? Generally, a trademark is a design, word, phrase or symbol that [...]
Television & Film Production during the COVID-19 Pandemic; How does the Force Majeure Provision Apply? COVID-19 has affected the entertainment industry in many respects, especially in the areas of film and television production. Given the nature of productions of this type, working from home is rarely an option, and being in close proximity to [...]
By Cheshire Rigler Can a band member post photographs of their concerts to their webpage or social media if they are taken by an unrelated photographer? Can the Instagram posts and stories of social media influencers contain copyrighted music? If a “how-to” post features the trademarks of competing products, does that violate intellectual [...]
Written by Maddie Westrup Amidst the rise of “streaming” the music industry has faced immense innovation in recent years, not the least of which is the total rebuild of Section 115 and the mechanical licensing portion of the 1976 Copyright Act, thanks to the Music Modernization Act which is being implemented as this is [...]
Many of you may remember reading a “Choose your own Adventure” book in your childhood, and being fascinated by the different trajectory a story could take as you made different selections in the story line. R.A. Montgomery created the children’s book series entitled “Choose Your Own Adventure” in the late 1970’s. The original Bantam [...]
UPDATE - Since this article was written in 2017, the CLASSICS Act was incorporated in the Music Modernization Act, passed in December 2019. The plight of the “starving artist” is timeless and history is replete with stories of songwriters and artist being exploited for their intellectual contributions. In the mid 1800’s, when Stephen Foster wrote The [...]
By Drew Harris How delicious are those 11 “secret herbs and spices” assembled by Harland Sanders in 1930 for his popular “Kentucky Fried Chicken” sold at his local service station? It was so “finger lickin’ good” popular that the Governor Ruby Laffoon proclaimed him a “Colonel” and he started franchising his chicken business. But rather [...]
