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Why the differing perceptions of the value of music by digital music services and copyright holders make royalty decisions so hard

  • Wilkinson Barker Knauer LLP
  • -
  • USA
  • -
  • March 31 2013

With the National Association of Broadcasters big convention coming up next week in Las Vegas, this week we'll look at a couple of the issues that

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Mcgee v. Andre Benjamin 3000

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • March 29 2012

District Court finds that plaintiff failed to establish probative similarities in the protectable elements of his treatment for an animated television series and defendants’ television show sufficient to establish actual copying, and dismisses plaintiff’s copyright infringement and breach of implied contact claims.

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Recapturing copyrights: how the Village People’s policeman laid down the law

  • Sedgwick LLP
  • -
  • USA
  • -
  • June 6 2012

Thousands of musicians dream about the moment they will ink their first record deal.

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The basics of music licensing in digital media

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • March 10 2010

Businesses that are involved in digital media use music in many ways and most require some sort of license to make the use legal.

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Copyright Office issues letter in support of broadcast performance royalty - suggests that economic comeback for radio makes royalty more affordable

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • June 8 2010

According to a letter from the Copyright Office that has recently been made public, the economic troubles of broadcasters, which have been used to argue against the imposition of a performance royalty for the use of sound recordings by radio stations, are cyclical and are largely over.

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The basics of music licensing in digital media: 2011 update

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • June 10 2011

Businesses that are involved in digital media use music in many waysand most require some sort of license to make the use legal.

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The basics of music licensing in digital media: 2011 update

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • February 22 2011

Businesses that are involved in digital media use music in many waysand most require some sort of license to make the use legal.

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Harmony or discord?: As copyright transfer termination start-date looms, artists and companies prepare for legal uncertainty

  • Sedgwick LLP
  • -
  • USA
  • -
  • August 9 2012

In 1978, many artists, such as the Rolling Stones, Dire Straits, Elvis Costello and Blondie, released chart-topping albums.

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Congress mulls new copyright provision

  • Fenwick & West LLP
  • -
  • USA
  • -
  • July 15 2008

On June 11, 2008, the House Subcommittee on Courts, the Internet and Intellectual Property held hearings on proposed legislation that would extend the copyright law’s performance right to radio broadcasts of sound recordings.

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Pandora enters settlement to pay for public performance of SonyATV musical works - what's its impact on licensing for music services and rights holders?

  • Wilkinson Barker Knauer LLP
  • -
  • USA
  • -
  • January 20 2013

Deciding how to pay music royalties has always been difficult - trying to figure out what permissions are necessary, who has the rights to grant such

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Artists, lawyers, and specialness

  • Duane Morris LLP
  • -
  • USA
  • -
  • January 18 2013

The American Bar Association publication Landslide asked several lawyers to write about aspects of representing clients in the Arts. My contribution

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The political parody problem

  • Foley Hoag LLP
  • -
  • USA
  • -
  • September 2 2010

In a bid to win the hearts and minds of voters, lately political candidates have touted, among other things, their musical predilections.

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Def Leppard fire silver bullet in copyright stand-off

  • King & Wood Mallesons
  • -
  • Australia, USA
  • -
  • August 15 2012

Def Leppard and their record company, Universal, have once again proved that musicians and music labels go together like oil and water.

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SoundExchange seeks permission to distribute royalties based on proxy information

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • April 25 2011

What should SoundExchange do with money that it collects for the performance of sound recordings, when it does not know what sound recordings were played by a particular service?

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Hey ya! District court dismisses copyright lawsuit against André 3000's “class of 3000"

  • Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
  • -
  • USA
  • -
  • April 27 2012

In 1997, Timothy McGee pitched an animated TV series, “The Music Factory of the 90s,” to The Cartoon Network.

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Another royalty payment for webcasters? EMI withdraws from ASCAP for new media licensing

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • May 8 2011

Just as webcasters thought that they had their royalty obligations figured out, there comes news that the already complicated world of digital media royalties may well become more complicated.

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NAB Radio Board adopts proposal for settlement of performance tax issue - where do we go from here?

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • October 25 2010

The NAB Radio Board today voted to adopt a Terms Sheet to offer to the musicFirst Coalition which, if agreed to by musicFirst and adopted by Congress, will settle the contentious issue of whether to impose a sound recording performance royalty (the "performance tax") on over-the-air broadcasters.

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Beware - music use in podcasts, downloads and on-demand streams is not covered by your SoundExchange royalties

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • July 21 2011

Broadcasters beware - podcasts with music may be dangerous to your economic health.

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Nietzsche has Kanye West's back in rap battle -- US copyright case tests originality of song lyrics

  • Hunt & Hunt
  • -
  • Australia, USA
  • -
  • November 23 2012

A case of déjà vu for American musician, film director and fashion designer Kanye West who has found himself the subject of another copyright infringement claim, this time by unsigned rapper Vincent Peters, professionally known as Vince P.

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Music royalty settlement announced on mechanical royalties - not a decision on webcasting rates

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • April 11 2012

The broadcast and music trade press brought news of a settlement between music companies and digital media services regrading digital music royalties.

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Sony BMG Music Entertainment, et al. v. Tenenbaum

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • December 16 2009

In a file-sharing copyright infringement action, the court grants plaintiff record companies’ motion for summary judgment on the issue of defendant’s fair use defense.

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Second Circuit rules that per-song statutory damages are unavailable for infringement of music album compilations

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 21 2010

A recent Second Circuit decision may serve to limit statutory damage awards for copyright infringement in the context of music albums.

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Using music in advertising or in a video production? Secure the necessary rights - ASCAP, BMI and SESAC licenses are not enough

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • March 5 2010

Using music in commercials is not as simple as just paying your ASCAP, BMI and SESAC royalties.

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Warhol foundation files suit over allegedly stolen banana

  • Panitch Schwarze Belisario & Nadel LLP
  • -
  • USA
  • -
  • October 2 2012

In January 2012, the legendary rock band The Velvet Underground sued The Andy Warhol Foundation For the Visual Arts in a dispute over use of the iconic banana logo featured on the cover of the band’s debut album, The Velvet Underground & Nico.

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