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Poll: CD Sales at Shows
Music Technology Policy
JULY 9, 2013
Poll by Damn the Science! Polls by Damn the Science
Karaoke CD Manufacturer Strikes Back At Sony's $1 Billion 'Scheme'
THR, Esq. Entertainment & Media Law Blog
JANUARY 10, 2012
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
Free Music Downloads and CD Music Purchases
Media Law Prof Blog
FEBRUARY 22, 2012
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.
Hollywood Docket: Reselling a promo CD; The NFL's TV money; The end of libel?
THR, Esq. Entertainment & Media Law Blog
JUNE 10, 2010
Earlier in the week, the Ninth Circuit heard oral arguments over a challenge to the "first sale doctrine." In the case, UMG attempted to stop a man from re-selling his promotional CDs on eBay by claiming a violation of its.
BROADCAST OF PROMOTIONAL CD'S REQUIRES LICENSE
Entertainment Law Resources Blog
MARCH 25, 2007
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.
BROADCAST OF PROMOTIONAL CD'S REQUIRES LICENSE
Entertainment Law Resources Blog
MARCH 25, 2007
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.
Monetizing the Shakedown: Limewire deals with Orchard, CD Baby, IRIS, TuneCorps
Music Technology Policy
AUGUST 13, 2009
Moses Avalon has a great interview with the Orchard, CD Baby, IRIS, TuneCorps CEOs about their commercial deal with Limewire. Here's how it works, apparently: The user searches for some text string on the LimeWire client which in turn searches the vast numbers of illegal tracks that LimeWire utilizes in its barter network. "A A user would now pick one and begin the download process– thus committing a crime with penalties raging from $700 to $150,000 per download– if caught."
Does YouTube affect your sales?
Music Technology Policy
SEPTEMBER 7, 2013
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
For Research, Lawyers Turn First to Free Sources, ABA Survey Says
Media Law
SEPTEMBER 14, 2015
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 […].
Is Her Lawsuit [In] Vain?
Media Law Prof Blog
JUNE 1, 2010
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
Controlled Compositions Clauses and Frozen Mechanicals
Music Technology Policy
OCTOBER 10, 2020
to $2 per compact disc and that the average running time of a CD is about 70 minutes comfortably using red book audio and you can push it to about 75 minutes. That’s getting very close to the average new artist per-CD royalty rate.
Entertainment Law Asked & Answered – Do I Need a Release from My Podcast Guest
Gordon P. Firemark
APRIL 23, 2015
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. In this Asked & Answered video, I answer questions if do you need a release from your podcast guest. One of the most common questions I get from new media producers, especially podcasters, is “do I really need to get a release from every person I interview on my show?”
Duck Soup for the Soul: The Return of the Industry Canada Music Study
Music Technology Policy
AUGUST 13, 2012
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%.
New Music 5-1-10: Guy Forsyth, Holly Conlan, Watch Out For Rockets, Crystal Castles, Foals, Josh Golden
Music Technology Policy
MAY 1, 2010
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.
Lexis Licenses Bankruptcy Software to Fastcase
Media Law
JANUARY 7, 2014
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.
No Transparency For You! (tube)
The Digital Lowdown
MAY 13, 2012
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.
The Magic of Gracenote
The Digital Lowdown
MAY 4, 2009
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.
The Beatles Decide to Ditch iTunes
The Digital Lowdown
SEPTEMBER 23, 2009
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.
Is The Post Office In The Music Business?
Current Trends
DECEMBER 17, 2009
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. by Tamera H. Bennett. The U.S.
Co-Branding The Band
Current Trends
AUGUST 5, 2009
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.
Notice of Terms via Buried Link within a Post-Sale Email Unenforceable
New Media and Technology Law
JANUARY 30, 2019
Plaintiff purchased a 2-year protection plan on Amazon for a CD player he bought at another retailer. Months later, the CD player required replacement. SquareTrade denied the claim, informing plaintiff that, as per the terms on the purchase page, since the CD player had not been purchased through Amazon, it was not covered. In Starke v. SquareTrade, Inc. , 17-2474, 2019 WL 149628 (2d Cir.
Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot!
Current Trends
JANUARY 4, 2013
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.
Universal v. Augusto First Sale Under Copyright Act Appeal
Current Trends
JUNE 3, 2010
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.
Guest Post by @poedavid: “Dance Like Nobody’s Paying?” Spotify isn’t
Music Technology Policy
JULY 15, 2019
For reference, the statutory rate for a song on a CD or download is 9.1 Note: It’s almost impossible to buy a new car or laptop that plays a CD. [We’re thrilled to welcome David Poe to MTP!]. by David Poe. Spotify’s disastrous “dance like nobody’s paying” ad campaign has now been demolished in the national press, garnering negative coverage in Newsweek, Billboard, NME , Hypebot , and more.
@CeeMo100: As Vinyl Surges, a Boutique Pressing Plant @goldrushvinyl in Austin Helps Smaller Indies Get an In
Music Technology Policy
MAY 6, 2018
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.
Newsboys v. New Boyz Band Name Trademark Dispute
Current Trends
AUGUST 1, 2012
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
MAY 17, 2010
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.
Online Platforms Sidestep Claims over User Content Decisions and Social App Functions
New Media and Technology Law
MARCH 13, 2020
19-01368 (C.D. 19-4504 (C.D. Despite continued scrutiny over the legal immunity online providers enjoy under Section 230 of the Communications Decency Act (CDA), online platforms continue to successfully invoke its protections.
Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots
New Media and Technology Law
JULY 24, 2019
17-07232 (C.D. 1147 (C.D. In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court decisions examining the potential liabilities for unwanted scraping and website access. Ticketmaster L.L.C. Prestige Entertainment West Inc. , Final Judgment July 8, 2019)).
Reader questions: Digital Aggregator Deals–Is the New Boss Worse than the Old Boss?
Music Technology Policy
JANUARY 5, 2015
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.
We are Not Blind to the Harsh Economic Realities of Streaming: An Interview with an Indie Publisher
Music Technology Policy
SEPTEMBER 15, 2019
If you ACTUALLY compared it to the example of the mechanical days of CD Song units sold at 9.1 cents – (pre-streaming) the resultant digital sea change to streaming NOT CD sales – has actually cost us over $126,000 in losses of normal record income in 6 years. [Following is an interview with a reader who is an independent publisher about how they view the future for songwriters and independent publishers in the streaming upside down world to the right of the decimal place.
Entertainment Law Update 41- Video Chat with the Interns
Gordon P. Firemark
JUNE 18, 2013
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. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface.
What is the Value of Music?
The Digital Lowdown
JANUARY 26, 2009
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
Entertainment Law Update Podcast Episode 13
Gordon P. Firemark
AUGUST 25, 2010
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. In this Episode: Follow Ups: Justin Bieber; Tenenbaum, Kate Plus 8. Fleeting Expletives. JayZ wins. A few Fair Use cases. Copyrights, Trademark cases. Some BIG wins for plaintiffs in profit participation suits.
Gordon P. Firemark - Untitled Article
Gordon P. Firemark
AUGUST 25, 2010
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. In this Episode: Follow Ups: Justin Bieber; Tenenbaum, Kate Plus 8. Fleeting Expletives. JayZ wins. A few Fair Use cases. Copyrights, Trademark cases. Some BIG wins for plaintiffs in profit participation suits.
The Importance Of A US Theatrical Release
DealFatigue
MAY 31, 2007
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. CD sales reportedly have gone in the toilet due to online access to tunes though I understand there are other reasons for this as well.
The MTP Interview: Bob Ludwig of Gateway Mastering
Music Technology Policy
DECEMBER 21, 2011
If one is listening to an album, one should be able to turn that control anywhere you want and the absolute level on the CD should not make a difference. Another place level on a CD does NOT make the difference one would think is on radio broadcast. It can be shown that in general, loud CDs sound worse and less powerful on commercial FM radio than a CD with a moderate level that lets the radio station compressors handle the loudness problem.
Guest Post: “Taylor Swift, Spotify and the Musical Food Chain Myth” by @DoriaRoberts #irespectmusic
Music Technology Policy
NOVEMBER 23, 2014
I’ve had to explain that not only have physical CD sales been down, but also the digital money I used to get from legal downloads all but disappeared. It worked like this: Fans would come to my shows, they and their friends would buy my CDs and then I made another CD and went on a another tour and so forth and so on. No new CD in eight years even though I was able to release six projects on my own before that and have enough music for about four or five full length CDs right now.
@jameshanley5: ‘It’s a better way’: Deezer unveils User Centric Payment System ambitions #irespectmusic
Music Technology Policy
SEPTEMBER 11, 2019
“The streaming industry right now, through its paying system, generates more revenues towards specific genres loved by younger users, to the point that… important genres for people above 35 and 40 have their artists making less money than expected in the previous world, where each CD was sold, and the money was going artist by artist.
The MTP Interview: Bob Ludwig of Gateway Mastering
Music Technology Policy
AUGUST 17, 2011
If one is listening to an album, one should be able to turn that control anywhere you want and the absolute level on the CD should not make a difference. Another place level on a CD does NOT make the difference one would think is on radio broadcast. It can be shown that in general, loud CDs sound worse and less powerful on commercial FM radio than a CD with a moderate level that lets the radio station compressors handle the loudness problem. A 128 kbps CD import when done to.
ENTERTAINMENT LITIGATION: POPE BENEDICT, INTELLECTUAL PROPERTY RIGHTS AND COLDPLAY
Entertainment Litigation Blog
JULY 20, 2009
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
MARCH 21, 2014
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. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface.
Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data
New Media and Technology Law
FEBRUARY 20, 2018
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)).
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