Poll: CD Sales at Shows

Music Technology Policy

Poll by Damn the Science! Polls by Damn the Science

CD 40

Free Music Downloads and CD Music Purchases

Media Law Prof Blog

George Robert Barker, Centre for Law and Economics, ANU College of Law, has published Assessing the Economic Impact of Copyright Law: Evidence of the Effect of Free Music Downloads on the Purchase of Music CDs. Here is the abstract.

CD 40

Trending Sources

Karaoke CD Manufacturer Strikes Back At Sony's $1 Billion 'Scheme'

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Karaoke might be fun, but it's also proved legally dangerous over the years. One publisher of karaoke discs is taking a publisher co-owned by the Michael Jackson estate to court over alleged abuse. read more. THR, Esq. Music Music Business Michael Jackson Sony

CD 55

BROADCAST OF PROMOTIONAL CD'S REQUIRES LICENSE

Entertainment Law Resources Blog

The Court disagreed with the Defendant’s claim that the broadcast of a promotional CD was not an infringing use, and stated that while a CD itself could be promotional, the licensing of a public performance was not. An Alabama District Court has held that a radio broadcast of recordings without an ASCAP license amounted to copyright infringement.

CD 40

BROADCAST OF PROMOTIONAL CD'S REQUIRES LICENSE

Entertainment Law Resources Blog

The Court disagreed with the Defendant’s claim that the broadcast of a promotional CD was not an infringing use, and stated that while a CD itself could be promotional, the licensing of a public performance was not. An Alabama District Court has held that a radio broadcast of recordings without an ASCAP license amounted to copyright infringement.

CD 40

For Research, Lawyers Turn First to Free Sources, ABA Survey Says

Media Law

Lawyers spend an average of 20 percent of their work time conducting legal research, and when they start a research project, they generally turn first to free online research services before using fee-based services or research materials in print or on CD-ROM. However, with respect to online research exclusively (excluding books and CD-ROMs), lawyers are […].

CD 63

Does YouTube affect your sales?

Music Technology Policy

Another artist poll from our friends at DamntheScience! (Follow them at @damnthescience ) This one asks you to measure the effect that online views of your videos on YouTube has on your offline sales of “records” For the poll, assume that “records” includes all permanent downloads (like iTunes), vinyl and CD sales

CD 48

Entertainment Law Asked & Answered – Do I Need a Release from My Podcast Guest

Gordon P. Firemark

So, here’s a scenario… Suppose years after your interview is done, published, and so on, you get this idea… You want to package up a CD or DVD of your greatest interviews, and sell it as a product.

Is Her Lawsuit [In] Vain?

Media Law Prof Blog

Carly Simon is back in court with her suit against Starbuck's, having amended her complaint alleging that the coffee dispensing chain had an obligation to disclose that it planned to go out of the CD selling business just before her

CD 40

Is The Post Office In The Music Business?

Current Trends

Postal Service teamed up with Concord Music Group and released a 13 track CD of holiday tunes that are distributed exclusively at Post Offices and via the USPS website. Kudos to my paralegal Katherine Stimson for “spying&# the CD’s at the Post Office and researching the history.

CD 52

Lexis Licenses Bankruptcy Software to Fastcase

Media Law

Previously available only on CD-ROM, the new web version hosted by Fastcase will be known […] The post Lexis Licenses Bankruptcy Software to Fastcase appeared first on Robert Ambrogi's LawSites. Well, here’s a licensing deal I would not have seen coming: LexisNexis and Fastcase. The two companies announced today that Fastcase will now be the exclusive provider of Collier TopForm & File, a tool for creating and filing bankruptcy forms.

@CeeMo100: As Vinyl Surges, a Boutique Pressing Plant @goldrushvinyl in Austin Helps Smaller Indies Get an In

Music Technology Policy

Gold Rush Vinyl , a new facility in Austin, Texas, is now catering to those formerly shut-out imprints and acts by pressing small runs ranging from 1,000 units to orders as small as 100 copies, with a speedy turnaround time of four to six weeks… In a world in which CD and digital download sales have contracted violently over the last decade, burgeoning LP sales are a significant source of revenue for indie acts.

CD 40

The Importance Of A US Theatrical Release

DealFatigue

While I agree that video accounts for a substantial portion of the gross on pictures and I am sure that Anne and the people she speaks with know their stuff, video is (and has been) imploding in very much the way the music business is getting whacked with CD sales though for different reasons.

Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

New Media and Technology Law

18-00855 (C.D. In the latest development in the legal controversy over scraping, 3taps, Inc. 3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would not be in violation of the Computer Fraud and Abuse Act (CFAA) if it accesses and collects publicly-available data from LinkedIn’s website. 3Taps Inc. LinkedIn Corp. , filed Feb. 8, 2018)).

CD 46

The Magic of Gracenote

The Digital Lowdown

They gave me their new CD fresh from the manufacturer. A couple of hours later, I put the CD into my car stereo. Gracenote was originally called CDDB which stood for "CD Database." The cards had the CD name, artist and tracks written on them. Then I merely "Submitted CD Track Names" which is a command found on the Advanced menu. If you have a CD with only a few tracks, it is possible to get a mismatch.

CD 52

New Music 5-1-10: Guy Forsyth, Holly Conlan, Watch Out For Rockets, Crystal Castles, Foals, Josh Golden

Music Technology Policy

Staff picksGuy Forsyth ("Live at Greune Hall" CD release show May 2, Greune, TX)Holly Conlan (@hollybackgirl) is playing Hotel Cafe tonight, Hollywood, CAWatch Out For Rockets (at Mohawk tonight, Austin, TX)Crystal CastlesFoalsJosh GoldenBullet for My Valentine.

CD 40

No Transparency For You! (tube)

The Digital Lowdown

You sign up with a digital distributor like CD Baby. . In this case, CD Baby utilized Rumblefish to manage their Youtube monetization process. Then the administrator of this content – in this case, it was Rumblefish and not CD Baby - can decided to monetize the video by placing ads or issuing a takedown or do nothing.) . With Rumblefish, CD Baby fostered a typical channel conflict between Youtube and the original artist. CD Baby handles 10,000's of artists and labels.

CD 40

Co-Branding The Band

Current Trends

Mariah Carey and her label Def Jam have partnered with ELLE magazine to release a 34-page booklet packaged with her “Imperfect Angel&# CD release that includes “lifestyle&# advertisements, lyrics and content from Ms. Additionally, an upcoming issue of ELLE will include a scaled down version of the insert. “Lifestyle&# advertisers, such as Elizabeth Arden fragrances, are also co-branding the CD with a new fragrance release. by Tamera H. Bennett. August 5, 2009.

CD 40

Duck Soup for the Soul: The Return of the Industry Canada Music Study

Music Technology Policy

The Australians’ conclusion is, not surprisingly, quite different than both studies by the Industry Canada authors: All of our regression results…show a negative association between P2P downloading and CD demand. We consistently find a negative and statistically significant partial correlation between CD purchases and P2P downloads. The range of these estimated correlations…implies a 10% increase in P2P downloads reduces CD demand by around 0.4%.

CD 54

The Beatles Decide to Ditch iTunes

The Digital Lowdown

I have to admit that at that time, I still had a few LPs that I had not replaced with a CD. Most people can easily rip a CD into their computer. Many people bought a track from iTunes that they already had on a CD just to avoid ripping it. Further, if Beatles fans didn't already have every album on CD in 2003, the re-released masters will surely fill in any gaps. Maybe.maybe not.

Universal v. Augusto First Sale Under Copyright Act Appeal

Current Trends

The question before the Seattle Court of Appeals is whether or not the offering for sale of promotional copies of music CD’s is an act of copyright infringement or a protected transaction under the First Sale doctrine of the US Copyright Act.

CD 40

Entertainment Law Update 41- Video Chat with the Interns

Gordon P. Firemark

Call us with your feedback: (310) 243-6231. In this Episode: and more…. Hosts: Website: [link] [link] , Twitter: @gfiremark. Website: [link]. Twitter: @tamerabennett. Entertainment Law Update is brought to you by Clio, the best way to manage your practice online.

Entertainment Law Update Podcast Episode 13

Gordon P. Firemark

Court, CD California 2007 – Google Scholar. Court, CD California 2007 - Google Scholar "Big Pimpin" at Ninth Circuit As Jay-Z, Music Publishers Win bAffirmation of Summary Judgment FAIR USE: More about the Jersey Boys Sofa Entertainment, Inc.

Gordon P. Firemark - Untitled Article

Gordon P. Firemark

Court, CD California 2007 – Google Scholar. Court, CD California 2007 - Google Scholar "Big Pimpin" at Ninth Circuit As Jay-Z, Music Publishers Win bAffirmation of Summary Judgment FAIR USE: More about the Jersey Boys Sofa Entertainment, Inc.

Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot!

Current Trends

Evolation Yoga, LLC , 2012 WL 6548505 (C.D. Get Hot — The US Copyright Office issued a ruling in June 2012 that yoga sequences are not protected by copyright. Studios offering “hot yoga” should now be in the clear from lawsuits brought by Yogi Bikram Choudhury so long as the name BIKRAM is not used.

CFAA “Unauthorized Access” Web Scraping Claim against Ticket Broker Dismissed Because Revocation of Access Not Expressed in Cease and Desist Letter

New Media and Technology Law

17-07232 (C.D. A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. Ticketmaster L.L.C. Prestige Entertainment, Inc. , 31, 2018)). For those of us who have been following the evolution of the law around the use of automation to scrape websites, this case is interesting.

DMCA 40

What is the Value of Music?

The Digital Lowdown

CD (EROI = 1.33): Assume that one listens to a CD 20x (about 1 hr per CD) over many years and divide it by the average cost of $15 per CD DVD (EROI = 0.75): Assume a three hour DVD (with features) watched 5x and divided by $20 per DVD Live Music (EROI = 0.04): Assume a 3 hour show divided by a $50 ticket Music Downloads (EROI = 2.00): Assume a 4 minute track played 30x and divided by $1.00

CD 40

Newsboys v. New Boyz Band Name Trademark Dispute

Current Trends

If you saw a New Boyz CD you might think it was the Newsboys. Christian rockers Newsboys have 28 No. 1 singles and have been together for 26 years. T hey are just a little upset over possible consumer confusion with the rapper duo New Boyz. New Boyz, around since 2009, just released a direct to DVD movie and is currently on a European tour.

Music Publishers Granted Temporary Injunction Against Lyric Website

Current Trends

A temporary injunction was issued against CD Cal on May 13 in the Central District Court of California to enjoin the unauthorized distribution of lyrics on websites. Plaintiffs include music publishers Warner/Chappell, Peermusic and Bug Music. Read more from The Trademark Blog here. The New York Times has a great summary of ongoing “lyric&# litigation. Music publishers/copyright owners own the exclusive right to reproduce or display lyrics.

CD 40

Book review: "Moral Panics and the Copyright Wars" by William Patry

Digital Media Law

Patry claims that declining CD sales are not related to unauthorized file sharing, but offers neither discussion nor footnotes. The content and technology businesses are at war, as is well-known and as I discuss in a recent article. It’s a struggle that focuses on unauthorized file sharing and new business models—in other words, a copyright war. Undeniably, the entertainment industry often battles demand rather than trying to satisfy it, and copyright laws have taken a corporate turn.

Review 100

Tip: Recover Files from Corrupt Windows Computer

Media Law

You can also create a bootable CD, but the netbook has no CD drive.) It walks you step-by-step through the process of creating the bootable CD (and it is only a couple steps).

Tips 60

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

New Media and Technology Law

449 (C.D. Such Scraping “Plausibly Falls within the Ambit of the First Amendment”. The Ninth Circuit is currently considering the appeal of the landmark hiQ decision , where a lower court had granted an injunction that limited the applicability of the federal Computer Fraud and Abuse Act (CFAA) to the blocking of an entity engaging in commercial data scraping of a public website.

Texas Bar Association Speech (Pt. 1)

The Digital Lowdown

2) Is the CD Dead? Sitting in a small classroom with about six of the leading Internet music pundits on the dais, the subject was discussing the future of the CD format. It was going to replace the CD. I think that it is inevitable that the CD will disappear.

CD 52

Guest Post by @schneidermaria:What Do Whore Houses, Meth Labs, and YouTube Have in Common?

Music Technology Policy

There is no “fair use” of a whole track or whole CD, especially when the YouTube video image is a still photo of the CD cover art. Despite that, YouTube refuses to accurately educate its users with the facts about full-track or full-CD use.

ENTERTAINMENT LITIGATION: POPE BENEDICT, INTELLECTUAL PROPERTY RIGHTS AND COLDPLAY

Entertainment Litigation Blog

Concert goers also received a free CD of that album (although most, like myself, probably already downloaded a copy). "TRUTH IN CHARITY" ENCYCLICAL TOUTS NEW GLOBAL ECONOMIC STRUCTURE BASED ON SOCIAL AND ETHICAL RESPONSIBILITY It's been a while since I wrote a new post on this blog. I apologize for that. I thought I'd make my first post in some time to comment on Pope Benedict's June 29, 2009 Encyclical Letter "Caritas in veritate" -- Truth in Charity.

Episode 48 – Google wins some, loses some, and more.

Gordon P. Firemark

The coffee and pastries offered were free, and next to the non-functioning cash registered, CD’s entitled “Dumb Nora Jones Duets” and “Dumb Jazz Standards” among others were available. Entertainment Law Update is brought to you by Clio, the best way to manage your practice online.

CNN 130

Monday Morning JetLawg

JetLawBlog

Universal Music Group set to launch test altering CD pricing structure. In the news. Sony signs $200 million deal with Michael Jackson’s estate for ten projects over seven years. Rapper DMX violates probation and gets six-month jail term.

CD 52

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

New Media and Technology Law

16-00097 (C.D. In Nghiem v Dick’s Sporting Goods, Inc. , July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two links near the bottom of the third column of links in a website footer. Website developers – and their lawyers – should take note of this case, part of an emerging trend of judicial scrutiny over how browsewrap terms are presented.

Will the Use of Common Elements and Themes Leave Filmmakers Susceptible to Copyright Infringement Suits?

Film and Television Law Blog

The plaintiff, Shadrach Winstead (“Winstead”), claimed that 50 Cent (also known as Curtis Jackson) (“Jackson”) used words and plot themes from Winstead’s copyrighted autobiography “Preacher’s Son – But the Streets Turned Me Into a Gangster” (the “book”) in a CD/DVD set produced by Jackson in 2009. Tales of drug-dealing, jail time and growing up in the ghetto are too common to be considered original elements of a copyrighted work.  

CD 48

Reader questions: Digital Aggregator Deals–Is the New Boss Worse than the Old Boss?

Music Technology Policy

Editor Charlie : Ever wonder why CD Baby sells themselves on “no annual fee”? Originally posted on MUSIC • TECHNOLOGY • POLICY : We’ve had a number of questions lately about how artists should look at aggregator deals and how to evaluate them. You would, of course, evaluate these deals the same way you would any other deal in the first instance–using break even analysis. This requires a little bit–a very little bit–of high school algebra, but you can do it.