U.S. Copyright Czar Cozied Up to Content Industry, E-Mails Show

By David Kravets
Wired | Article Link

Victoria Espinel, Copyright Czar

Top-ranking Obama administration officials, including the U.S. copyright czar, played an active role in secret negotiations between Hollywood, the recording industry and ISPs to disrupt internet access for users suspected of violating copyright law, according to internal White House e-mails.

The e-mails, obtained via the Freedom of Information Act, (.pdf) show the administration’s cozy relationship with Hollywood and the music industry’s lobbying arms and its early support for the copyright-violation crackdown system publicly announced in July.

Why an Allegation That Beyoncé Plagiarized Dance Moves Is Truly Unique (Analysis)

By Eriq Gardner
THR, Esq. | Article Link

A Belgian choreographer is really bucking the trend by accusing the pop star of infringing a copyright to her choreography. How claims over choreography compare to ones made over music, film, and yes, maps.

Pop star Beyoncé is currently defending herself against charges of plagiarizing the work of the Belgian choreographer Anne Teresa De Keersmaeker in the music video, "Countdown."

Since the choreographer went public with charges that Beyoncé plundered movements from two films, Rosas danst Rosas and Achterland, the film's lawyers have contacted Sony about alleged similarities, and there's been tremendous chatter in the press and on blogs about whether the singer is really in legal jeopardy.

Massive Fine in Denmark’s First Ever ‘Sampling’ Copyright Case

By Peter Stanners
The Copenhagen Post | Article Link

Fears that 750,000 kroner fine could set dangerous precedent for Danish music.

Former Djuma Soundsystem member Lars Bjarno (left) with Mikkas Skulstad, the one remaining member. They are liable to pay over a million kroner in damages for sampling a rare fusion-jazz record. They are now appealing the verdict. (Photo: Peter Stanners)

What’s the cost of stealing ten seconds of music? Over a million kroner it turns out. That was the verdict at the end of Denmark’s first ever music copyright case involving sampling that ended last week.

Supreme Court Rejects Internet Music Download Case

By James Vicini
Reuters | Article Link

The U.S. Supreme Court building seen
in Washington May 20, 2009.

(Reuters) - The Supreme Court let stand on Monday a ruling that a traditional Internet download of sound recording does not constitute a public performance of the recorded musical work under federal copyright law.

The justices refused to review a ruling by an appeals court in New York that the download itself of a musical work does not fall within the law's definition of a public performance of that work.

Copyright Director, Congressman Put Onus on Private Sector to Solve Digital Crisis

By Greg Kot

Chicago Tribune | Article Link

WASHINGTON, D.C. -- Don't hold your breath waiting for an overhaul of U.S. copyright law to reflect the massive  changes the Internet has ignited in the way consumers access music.

In a keynote speech delivered Monday at the Future of Music Summit, U.S. Rep. Bob Goodlatte (R, Va.), a member of the House Judiciary Committee and co-chair of the Congressional Internet Caucus, said Congress won't "wipe the slate clean" to address how digital culture has made it easier than ever to distribute, copy, share and reconfigure music, movies, books and other creative works.

Both he and Maria Pallante, the register of copyrights and director of the U.S. Copyright Office, emphasized that the government is not eager to prosecute consumers for infringing activity in the privacy of their homes unless it's particularly egregious. Instead, they focused on a balanced, steady approach to monitoring illegal file-sharing and cracking down on rogue Web sites, most with offshore locations, that profit from contraband digital files.

“A Big Win For Artists” or “Another Hit For The Recording Industry”

By Ryan Fox & Bartley Morrisroe
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

Thirty-three years later, a look back at 1978 shows the pop-music industry in fine form. Something for everyone? Check. Nineteen seventy-eight saw the debut of Prince, and The Cars’ first album.  The Rolling Stones released Some Girls. There were albums by both Parliament and Funkadelic. Willie Nelson made Stardust. Most of all, the year now impresses as one of great style: Blondie, The Talking Heads. In different circles, Van Halen.

Appeals Court Reinstates $675,000 File Sharing Verdict

By David Kravets
Wired | Article Link

A federal appeals court on Friday reinstated a whopping $675,000 file sharing verdict that a jury levied against a Boston college student for making 30 tracks of music available on a peer-to-peer network.

The decision by the 1st U.S. Circuit Court of Appeals reverses a federal judge who slashed the award as “unconstitutionally excessive.” U.S. District Judge Nancy Gertner of Boston reduced the verdict to $67,500, or $2,250 for each of the 30 tracks defendant Joel Tenenbaum unlawfully downloaded and shared on Kazaa, a popular file sharing peer-to-peer service. The Recording Industry Association of America and Tenenbaum both appealed in what has been the nation’s second RIAA file sharing case to ever reach a jury.

How "What What (In the Butt)" Unintentionally Bolstered "Fair Use"

By Nate Anderson
ArsTechnica | Article Link

Wisconsin, state of my birth, I salute you for turning out federal judges like J.P. Stadtmueller. Stadtmueller is the man who waded into the swampland of fair use, South Park, and "What What (In the Butt)" to deliver a July 6 order that may break new judicial territory by citing South Park episode "Osama bin Laden Has Farty Pants" in its footnotes. And Stadtmueller has the proper feel for the absurd needed in any judge about to rule on a case involving the phrase, "You want to do it in my butt, in my butt?" His order opens:

EU Agrees To Extend Music Copyright To Seventy Years

By Frances Robinson
The Wall Street Journal | Article Link

Of DOW JONES NEWSWIRES

BRUSSELS (Dow Jones) -- European Union members agreed to extend copyright protection for performances of recorded music to seventy years, meaning works by The Beatles, Rolling Stones and Sir Cliff Richard won't come out of copyright in the near future, the EU said Monday in a statement.

"Today's decision to increase the term of protection for musicians' copyright from 50 to 70 years will make a real difference for performers," EU Commissioner for Internal Market and Services Michel Barnier said in a statement. "With increasing life expectancy, the previous 50-year protection term was clearly insufficient."

The move extends the term of protection for performers and producers of musical works from 50 to 70 years from the date of performance. It brings Europe's artists and producers closer into line with the protection offered to authors and composers, whose rights are enforceable for the duration of their life plus 70 years.

Lionsgate Sued Over Music Used in LeBron James Documentary

By Eriq Gardner
THR, Esq. | Article Link

A songwriter says that his music was used in 'More Than A Game' without permission.

Lionsgate has been hit with a quirky copyright infringement lawsuit over a piece of music used in documentary More Than A Game, which chronicles basketball superstar LeBron James' rise during his high school days in Ohio.

Madonna's 'Material Girl' Trademark Claim Rejected by Judge

By Eriq Gardner
THR, Esq. | Article Link

The singer is fighting a lawsuit brought by an L.A. clothing company, arguing that she was the first to use the phrase in her 1985 hit song.

Madonna might be living in a material world, but her hold on the phrase "Material Girl" is legally dubious.

A federal judge in California has rejected the pop star's argument that she has established trademark primacy over "Material Girl" for a line of clothing just because she created a song by the same name in 1985.

Madonna and her company, Material Girl Brand, are fighting a lawsuit brought last year by LA Triumph, an L.A.-based clothing retailer that claims to have been selling "Material Girl" clothing since 1997 and has a registered trademark.

Copyright Infringement and Theft – The Difference

By Ben Jones
TorrentFreak | Article Link

A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.

We get a lot of comments on articles from people saying things like “Yeah, it’s stealing. Just embrace it already” or “Good excuse to steal right?.”

There are editorials in mainstream newspapers that say “Such theft costs the copyright- or trademark-holders billions of dollars each year.”

Music Biz Runs for Cloud Cover

By Chris Morris
Variety | Article Link

Just eight years after the music industry experienced one of the most radical shifts in its history, it's finding itself on the verge of yet another revolution.

The launch of iTunes in April 2003 certainly didn't introduce digital downloads to consumers (Napster and countless other illegal download sites were thriving at the time), but it legitimized the distribution method and made it profitable for artists and labels. Now Apple -- and a host of other companies -- are hoping customers are willing to walk away entirely from physically owning the music in their collection in favor of the cloud.

Pandora Faces Music After Big IPO, Spotify Rivalry

By Mark Walsh
MediaPost | Article Link

Internet radio service Pandora enjoyed a splashy IPO in June, raising nearly $235 million selling shares at $16 apiece. Investors bet big on the digital music startup, despite its lack of profits. Since then, stock markets have gyrated wildly on fears of a double-dip recession and Pandora rival Spotify has made its long-awaited entrance in the U.S. market.

Those factors have contributed to Pandora's stock price sliding back to $12 a share lately, amid fresh concerns about its ad-supported business model as the company prepares to report its first quarterly earnings as a public company on Thursday. Since consumer usage of Pandora is shifting increasingly to mobile, much of investor and analyst scrutiny is focused on how well it will be able to monetize that channel via advertising.

Win, Lose, or Draw? Mixed Bag in Capitol v. MP3Tunes Decision

By Terry Hart
Copyhype | Article Link

Yesterday’s court opinion from the record labels’ lawsuit against “online music entrepreneur familiar with high-stakes copyright litigation” Michael Robertson’s latest venture is a mixed bag — no big win for either side, though plenty of little items of interest. 

Capitol Records v. MP3Tunes, Memorandum and Order, No. 07 Civ. 9931 (SDNY Aug. 22, 2011).

Background on MP3Tunes and this litigation:

• Billboard
• Ars Technica
• Digital Music News
• Wired has two articles

Here’s a quick rundown of the court’s holdings on the cross-motions for summary judgment:

Illegal Downloading: When Has the Crackdown Gone Too Far?

By Elizabeth Morris
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

College students love music and movies, but they don’t always have the time or the financial means to feed their entertainment interests.  Illegal file sharing allows them to download the entertainment they love quickly and easily, without the cost. It is especially prevalent among students on college campuses because of the high-speed Internet access provided by the schools, and the typical low regulation of Internet usage. These factors make it so easy for students to share files that most students don’t even think they are doing anything wrong. How could something that is this easy be illegal, right?

What's at Stake in the Shirelles' Lawsuit Against Warner Bros. Over Broadway's 'Baby It's You'

By Eriq Gardner
THR, Esq. | Article Link

On the day that Warner Bros. premiered its new Broadway musical, Baby It's You, surviving members of pioneering American girl group The Shirelles have filed a lawsuit against the studio for using their names and likenesses in connection with the show.

According to the musical's synopsis, Baby It's You tells the story of Florence Greenberg, the woman who changed the recording world forever when she discovered The Shirelles and created Scepter Records, becoming the music industry's first female powerhouse.

Apple Reportedly Signs Licenses with Major Music Labels for iTunes Streaming

By Josh Ong
AppleInsider | Article Link

A new report claims that Apple has succeeded in procuring deals with at least two of the four big music labels in the last two months, possibly signaling that the rumored iTunes streaming music service is imminent.

Peter Kafka of All Things Digital reported Thursday that Apple is "actively seeking licenses" for a new cloud-based music locker service and is willing to pay labels for the privilege.

According to Kafka's sources, Apple has inked deals with two of the for major labels, which include Universal Music Group, Warner Music Group, Sony and EMI within the last two months. One source claimed Apple VP Eddy Cue will be in New York on Friday in an attempt to solidify remaining deals.

Prince Wants to Make Covering Songs Illegal—Specifically, Prince's Songs

By Sean O'Neal
A.V. Club | Article Link

Prince, the world’s biggest Prince fan, has a reputation for maintaining a tyrannical hold over his music, even going so far as to sue his own devotees for using his songs and likenesses in their worshipful websites, and also take them away from toddlers. Now he’s out to extend that imperial control even further, saying during an interview on George Lopez’s Lopez Tonight that he’d like to see the laws changed to ensure that no one can cover one of his songs. Remarking on the compulsory licensing of copyright that allows artists to rework other artists’ hits, Prince said, “That doesn't exist in any other art form, be it books, movies. There's only one version of Law And Order. There's several versions of 'Kiss' and 'Purple Rain'."

Dr. Dre Wins ‘Chronic’ Lawsuit

By Ben Sisario
New York Times | Article Link

Dr. Dre has won a lawsuit against the owners of his former record label, Death Row, over the digital rights and royalties for his hit 1992 album “The Chronic.”

Dr. Dre, whose real name is Andre Young, founded Death Row with Suge Knight, and left the company in 1996. Death Row went into bankruptcy in 2006, and three years later the label’s assets were bought by WIDEawake Entertainment Group. In the suit, filed last year in United States District Court in Los Angeles, Dr. Dre contended that from 1996 until Death Row’s bankruptcy, “not a dime of royalties had been paid,” and that the label had been selling digital versions of “The Chronic” without permission.