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

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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.

Poll: CD Sales at Shows

Music Technology Policy

Poll by Damn the Science! Polls by Damn the Science

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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.

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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.

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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.

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).

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Adele Outclasses Her Critics

Music Technology Policy

The CD configuration still makes up an average of 50% of sales, particularly for superstar releases, and in Adele’s case CDs and digital downloads make up 100% of the product configuration for “25,” at least for the time being. Notwithstanding the predictably boring and misogynist spew about Adele from Bob “Trigger Warning” Lefsetz, the “25” sends an unmistakable message.

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.

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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.

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Spotify’s Songwriter Charm Offensive Stops Short in Sweden with STIM

Music Technology Policy

Amazon won’t sell you a CD or a download without a credit card on file, and they won’t ship a CD without a credit card payment authorization. Music, and especially songs, are treated differently in digital commerce than are other products. Neither will Spotify sell you a subscription without a credit card to charge it to. No payment, no product. Amazon, Spotify and other online retailers protect their accounts payable risk carefully, and consequently their revenue.

Google and Amazon Leverage Copyright Loophole to Use Songs Without Paying Songwriters

Music Technology Policy

As one of the biggest CD and DVD retailers, Amazon certainly has a head start in song research.

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.

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.

Guest Post: How Spotify Pays (or Doesn’t Pay) Songwriters

Music Technology Policy

On another occasion, a different interpolation was on a CD that sold two million copies. [ Editor Charlie sez: MTP’s first post of 2016 is a guest post by Stephen Carlisle, an entertainment lawyer with over 25 years experience in private practice in the State of Florida.

Five Lies In YouTube’s Spin on Content ID

Music Technology Policy

An increasing number of artists are stepping forward to condemn YouTube’s sleazy business practices ranging from YouTube’s improbable royalty payments to Google’s legacy DMCA notice and shakedown business practices.

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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%.

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Spotify Strikes Out Again

Music Technology Policy

2015 WL 4776932 (C.D. MTP readers will remember that David Lowery sued Spotify for failing to license, account and pay mechanical royalties for David’s songs as well as those of a potential class. Naturally the early maneuvering in Spotify’s response to the case has to do with whether a class action is the appropriate vehicle for pursuing what appears to be Spotify’s massive infringement of songs.

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Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

New Media and Technology Law

16-04955 (C.D. Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent material, but the law’s passage provoked legal challenges and pertinent sections of the Act were subsequently struck down by the Supreme Court as unconstitutional limitations on free speech.

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 […].

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Guest Post: Five Reasons Why The Major Labels Didn’t Blow It With Napster by @thetrickness

Music Technology Policy

CD sales have contracted a bit, marketing costs are rising, but the music business has bounced back from economic challenges many times. CD sales generate over 13 billion dollars in 2000; via an ecosystem that, despite flaws, is working fairly well. Bootleg CD and record plants routinely got raided in the physical product days, product confiscated and arrests made.

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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

Guest Post: “Taylor Swift, Spotify and the Musical Food Chain Myth” by @DoriaRoberts #irespectmusic

Music Technology Policy

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.

#irespectmusic Invades the Boardroom: @sivers Calls Out How Pandora Hides Its War on Songwriters from Shareholders

Music Technology Policy

The arc of the moral universe is long, but it bends toward justice. The Rev. Dr. Martin Luther King, Jr. A common criticism of both public and private companies that waste the stockholder’s money is “where was the board?”

Pride of Discovery vs. Pride of Ownership

The Digital Lowdown

Digital downloads have not replaced the decline of CD sales and subscription services have failed to be the savior everyone has predicted they would be. CD, digital, 8-track, etc.)? I am not sure why I felt inclined to rediscover one of my favorite bands, Styx. Of course "Come Sail Away" is a perennial favorite of classic rock stations. But I can't recall the last time that I intentionally listened to one of their albums.

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

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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.

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.

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Pandora’s Data Driven Tautology

Music Technology Policy

If you deal in the physical world of CD sales or what’s left of it–like if you are a record company for example–substitute the club owner for the inventory manager or buyer for a local record store. tautology : needless repetition of an idea, especially in words other than those of the immediate context, without imparting additional force or clearness, as in “widow woman.”.

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.

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.

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The MTP Interview: Bob Ludwig of Gateway Mastering

Music Technology Policy

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.

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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.  

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Bit Torrent Logic: How Spotify Brought on Their Own @TaylorSwift13 Problems

Music Technology Policy

Swift has employed a “windowing” strategy for streaming services, withholding new material for a while to spur CD and download sales; Adele, Coldplay and Beyoncé have done the same. Is he mad? Anyway, there’s something on his mind, as sure as there must be something on a deck when it cracks. Moby Dick , by Herman Melville.

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Music Licenses for Film Productions

Film and Television Law Blog

Accordingly, a filmmaker cannot generally take a commercial CD that he has purchased and utilize songs as the film’s score. Intellectual Property: Music Licensing: Similar to the copyright that a filmmaker may have in his work, composers and artists performing music also have copyrights in their works. Rather, permission and/or licenses need to be provided for the music.

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.

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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.

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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.

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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.

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Transparency Starts Upstream for Streaming Royalties

Music Technology Policy

If you can’t confirm that all the advertising revenue is paid through properly, that would be worse than a record company refusing to let artists see CD manufacturing records. [This post first appeared in the Huffington Post]. We’ve seen stories recently about various successes for artists in negotiations with major labels about “transparency” in the payment of the artist’s share of streaming royalties received by record companies.

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