190 No Public Performance Right in California for pre-’72 recordings.
Gordon P. Firemark
SEPTEMBER 1, 2021
Flo & Eddie had argued that pre-1972 sound recordings were still covered by state law, and that such laws included a performance right.
Rights Related Topics 
Artist Rights are Human Rights
Music Technology Policy
SEPTEMBER 27, 2015
Artists' rights are human rights. The human rights of artists is a different concept from intellectual property rights, such as copyright. Intellectual property rights are created by national laws, and the human rights of artists are recognized as the fundamental rights of all persons by all of the central human rights documents to which hundreds of countries have agreed. And doesn’t that just sound like a human rights violation?
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Court Decision Finds No California Performance Right in Pre-1972 Sound Recordings – Why It Was Still an Issue
Broadcast Law Blog
SEPTEMBER 1, 2021
While federal law still only conveys a performance right in sound recordings when those recordings are performed as a digital audio performance (e.g., Under federal law, the sound recording performance right applies only to digital audio recordings.
Artist Rights are Human Rights
Music Technology Policy
AUGUST 18, 2011
For a variety of reasons, today is a good day to think about the state of human rights in general, and for me, in the professional creative community in particular. The recent history of the protection of creator rights is a fascinating story. These discussions frequently center on the intellectual property rights of copyright or patent accorded to creators but often assigned to private companies. human rights treaties.
Missing Music On Streamed TV Programs Highlights Rights Issues for Podcasters and Video Producers
Broadcast Law Blog
APRIL 28, 2021
This was because when the music rights were initially purchased, their use was limited to over-the-air broadcasts or was limited to a short period of time, with the producers never envisioning that the programs would be available through on-demand streaming services decades after they originally aired on over-the-air television. The rights discussed above must be obtained from the copyright holders to “sync” the music and the video into a recorded, on-demand production.
YouTube, Facebook and Moral Rights
Music Technology Policy
AUGUST 20, 2017
I was honored last year to have been asked to participate in a symposium on moral rights co-sponsored by the U.S. The symposium relates to the Copyright Office Study on the Moral Rights of Attribution and Integrit y. Moral rights is a key area of the law of copyright that is sadly lacking in the United States and an important legal tool to protect the rights of artists. Others that are not mentioned in Berne include the right of first publication (which the U.S.
Music Rights in Video of Play – Entertainment Law Asked & Answered
Gordon P. Firemark
NOVEMBER 3, 2016
Scott asks a tricky question about music rights for video of a stage production… Hi, I’m attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. We tour internationally and in every contract the producer or venue pays the ASCAP or other performing rights society fee for the music that is used in our performances. AUDIO: TRANSCRIPT: [link].
Entertainment Law Asked & Answered – What are Separated Rights?
Gordon P. Firemark
FEBRUARY 5, 2015
In this Asked & Answered video, I answer a question about separated rights. The Separated Rights provision is One of the most frequently misunderstood parts of the writers Guild contract so stick around… I’ll do what I can to explain. What are Separated Rights? Separated Rights are a group of rights that writers of original material receive under the Writers Guild of America Minimum Basic Agreement.
Entertainment Law Asked & Answered – Grand Rights and Sound Recordings?
Gordon P. Firemark
FEBRUARY 5, 2015
We all know you need a grand rights license to use a song in a play, but do you also need permission from the record label if you’re also using a recording in the stage presentation? My friend and colleague Mike called me up with a question about music rights in the theatre… When you perform a song in a stage production, you need a license. It’s called a GRAND RIGHTS or DRAMATIC PERFORMANCE RIGHTS license.
Rights of Publicity and Privacy in True Crime Stories – Entertainment Law Asked & Answered
Gordon P. Firemark
NOVEMBER 17, 2016
When you get into using people’s names, likenesses, and personas, you’re talking about either Rights of Publicity or Rights of Privacy. The Right of Publicity is recognized in about half of the US States, as well as some foreign countries. This is the right of a person to control any kind of commercial uses of his or her name, likeness or persona. AUDIO: TRANSCRIPT: [link].
The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts.
Gordon P. Firemark
AUGUST 9, 2016
The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts. That trend is toward expanding the scope of a Right of First Refusal and First Negotiation clause(s) in such a way as to unreasonably encumber things, even after the studio or network has “passed” on a project. What is a Right of First Refusal? What is Right of First Negotiation? What is a Right of Last Refusal?
Artist's Rights are Human Rights
Music Technology Policy
JANUARY 18, 2010
For a variety of reasons, today is a good day to think about the state of human rights in general, and for me, in the professional creative community in particular. The recent history of the protection of creator rights is a fascinating story. These discussions frequently center on the intellectual property rights of copyright or patent accorded to creators but often assigned to private companies. human rights treaties.
Music Rights for a Live Show – Entertainment Law Asked & Answered
Gordon P. Firemark
FEBRUARY 1, 2018
TRANSCRIPT: Ben has a question about music rights for a live show he's planning… Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer common entertainment law questions, to help you take your career and business to the next level. ” OK, Ben, here's the situation… First off, it's great and appropriate that you're asking about the rights. What distinguishes Grand from Small rights? VIDEO: [link].
Crowdfunding: How to do it right
Gordon P. Firemark
SEPTEMBER 19, 2012
Crowdfunding: How to do it right. Earlier this year, Congress passed, and President Obama signed into law, the JOBS Act, which among other things, legalizes both debt and equity based crowdfunding. Later this year, the SEC is required to promulgate new rules which will allow companies seeking investment capital to use portals similar to IndieGoGo and KickStarter to solicit investments from qualified people.
Furgal on The EU Press Publishers' Right: Where Do Member States Stand? @ulafurgal @copyrightcentre
Media Law Prof Blog
JUNE 24, 2021
Ula Furgal, University of Glasgow School of Law, is publishing The EU Press Publishers’ Right: Where Do Member States Stand? The press publishers’ right provided in art.
Results and Recommendations of the Artist Rights Watch MLC Awareness Survey
Music Technology Policy
JANUARY 30, 2021
Our sister site Artist Rights Watch fielded a Mechanical Licensing Collective Awareness Questionnaire during January targeting songwriters attending our MLC webinar.
Patent Rights As Human Rights
Media Law Prof Blog
SEPTEMBER 9, 2015
Yu, Texas A&M University School of Law, is publishing The Anatomy of the Human Rights Framework for Intellectual Property in volume 69 of SMU Law Review (2016). Peter K. Here is the abstract. Since the U.N. Sub-Commission on the Promotion
Joe Manchin, Gangsta Capitalism and Voting Rights
Communications And Entertainment Law Blog
JULY 31, 2021
20 Questions for New Artists: Performing Rights Organization Affiliations
Music Technology Policy
OCTOBER 27, 2019
There is a bit of strategy involved with affiliating with a performing rights organization in the United States. The decision to affiliate with a particular society should be made after the artist/writer has taken some meetings with the performing rights society and decided if there’s more love coming from one than another. Shane McAnally left ASCAP to join Global Music Rights, or tried to. 20 questions for new artists ascap BMI Global Music Rights Shane McAnally
Lunney on A Natural Right To Copy
Media Law Prof Blog
SEPTEMBER 3, 2019
Texas A&M University School of Law, has published A Natural Right to Copy. Glynn S. Lunney, Jr., Here is the abstract. In this symposium, we gather to celebrate the work of Wendy Gordon. In this essay, I revisit her article
Asked & Answered: More about life-rights
Gordon P. Firemark
MARCH 5, 2012
In this video, I discuss the nature of a life-rights agreement and I explain that there’s no single “Best” form of contract, that deals need to be custom-tailored to the specifics of a situation. Ros wants to know about the type of agreement needed when preparing a biopic about a person based on conversations and letters from the subject.
Music Rights and Licensing in Theatre (Free Webinar)
Gordon P. Firemark
MARCH 12, 2012
This Friday, I’ll be presenting a webinar on music rights and licensing in theatre, Admission is free, and space is limited to 50 attendees. You’ll learn about the rights issues that arise in this area, and how to efficiently and effectively secure the permissions needed. I’ll explore the various ways in which music is used in theatrical entertainment, from traditional- and jukebox musicals, to incidental, scene-change music, to concert and cabaret performance.
Having a Character in a Play Sing a Song (Grand Rights) – Entertainment Law Asked & Answered
Gordon P. Firemark
JULY 22, 2016
She would be performing it unaccompanied OR with very, very limited live accompaniment… My question is two fold: first, can I do this without obtaining rights? And, you guessed it, those are also exclusive rights of the copyright owner. The post Having a Character in a Play Sing a Song (Grand Rights) – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. AUDIO: TRANSCRIPT: [link].
Post-Mortem Moral Rights
Media Law Prof Blog
AUGUST 31, 2015
Jani McCutcheon, University of Western Australian Faculty of Law, is publishing Death Rights: Legal Personal Representatives of Deceased Authors and the Posthumous Exercise of Moral Rights in the Intellectual Property Quarterly. In numerous jurisdictions, moral rights
Drones and Privacy Rights
The Legal Satyricon
FEBRUARY 15, 2013
Shameless plug: I appeared on Fox 25 Boston last night discussing issues relating to privacy rights and personal use drones that take surveillance video. Link to the article is here: [link] Video: Boston News, Weather, Sports | FOX 25 | MyFoxBoston And a companion piece I wrote: [link] Filed under: awesomeness, life, right of publicity, [.]. awesomeness life right of publicity tech news
Privacy Rights, Property Rights and Google
Music Technology Policy
MAY 8, 2014
Since MTP started in 2006, we have focused primarily on artist rights. Whether the topic is fair royalties, brand sponsored piracy or a lack of respect for the human rights of artists, the basic theme is that the hyper commoditization of music and artists is dehumanizing and has sucked both the creativity and value out of generations of musicians and artists, particularly recording artists. Class A shares had customary voting rights, one share one vote. Sounds fair, right?
The Copyright Royalty Board Gets It Right: New Increased Inflation-Adjusted Royalty Rates for Webcasting
Music Technology Policy
JUNE 13, 2021
The Copyright Royalty Board has announced its decision on webcasting rates under §114 for 2021-25 and its good news for non-featured artists, featured artists and sound recording copyright owners. The rates are set for 2021, paid retroactively to January 1.
Happy 5/6 Bill of Rights Day
The Legal Satyricon
DECEMBER 15, 2015
by Jay Marshall Wolman We here at the Legal Satyricon are big fans of the Bill of Rights. Over at the Runt Piglet Squeals, the official blog of the Third Amendment Lawyers Association, I have a post discussing the less commonly understood history of the proposal and ratification of the Bill of Rights. lulz misc article the first bill of rights congressional apportionment
Supreme Court Fails to Defend A Woman's Right To Choose
Communications And Entertainment Law Blog
SEPTEMBER 1, 2021
One way to protect voting rights? Expand the Supreme Court
Communications And Entertainment Law Blog
MAY 12, 2021
One way to protect voting rights? Expand the Supreme Court
New Service Uses AI To Help Startups Connect With The Right Lawyer
Media Law
NOVEMBER 10, 2020
It also aims to enhance diversity on both sides of the equation — helping diverse founders get the right legal help and encouraging diversity among law firms hired by startups.
UK Parliament’s Inquiry into the Economics of Streaming
Music Technology Policy
NOVEMBER 23, 2020
If you're interested in artist rights and the streaming corrosion, this will be must-see TV. brokenrecord artist rights Artist Rights are Human Rights Streaming Meltdown ed o'brien Inquiry into Economics of Streaming Tom GrayThanks to the #BrokenRecord campaign and especially Tom Gray of Gomez, the UK Parliament’s Digital, Culture, Media and Sport select committee is conducing an inquiry into the economics of streaming.
Did the Supreme Court Just Kill the Voting Rights Act?
Communications And Entertainment Law Blog
JULY 7, 2021
Did the Supreme Court Just Kill the Voting Rights Act? Which is why, for proponents of expansive voting rights , the Supreme Court decision last week upholding two such laws could scarcely have come at a worse time. Is the Voting Rights Act dead?
Legal Tech Companies Offer Free Products In Civil Rights Cases
Media Law
JULY 10, 2020
Two legal technology companies said this week that they are offering free access to their products to attorneys involved in civil rights matters. “The data shows that protecting civil rights comes with unique financial challenges,” the company said in announcing the offer.
The next Georgia: Texas and Arizona emerge as voting rights battlegrounds | US voting rights | The Guardian
Communications And Entertainment Law Blog
APRIL 6, 2021
The next Georgia: Texas and Arizona emerge as voting rights battlegrounds By Sam Levine in New York The Guardian A booth is folded after voting ended in the 2020 US election in Marfa, Texas, on 3 November 2002. That’s a mirror image of what’s happening in Arizona right now.”
Suffolk’s LIT Lab Releases Eviction Moratorium Tool to Help Tenants Exercise their Rights
Media Law
SEPTEMBER 2, 2020
Suffolk University Law School’s Legal Innovation and Technology (LIT) Lab today released a free tool that helps tenants exercise their rights under the Centers for Disease Control (CDC)’s recent eviction moratorium order.
Huang on Freedom of Speech as a Right to Know @DukeLaw
Media Law Prof Blog
DECEMBER 3, 2020
Tao Huang, Duke University School of Law, is publishing Freedom of Speech as a Right to Know in volume 89 of the University of Cincinnati Law Review (2020). Since its birth, the right to know and
@edchristman: Commercial Radio Group Files Antitrust Lawsuit Against Irving Azoff’s Global Music Rights — Artist Rights Watch
Music Technology Policy
NOVEMBER 21, 2016
With ASCAP and BMI still under unaltered consent decrees and SESAC agreeing to rate-setting arbitration in a 2015 settlement, the Radio Music Licensing Committee (RMLC) is going for the grand slam with an antitrust lawsuit against boutique performance rights organization Global Music Rights. via @edchristman: Commercial Radio Group Files Antitrust Lawsuit Against Irving Azoff’s Global Music Rights — Artist Rights Watch.
Drones and Privacy Rights
The Legal Satyricon
FEBRUARY 15, 2013
By Jay Wolman Shameless plug: I appeared on Fox 25 Boston last night discussing issues relating to privacy rights and personal use drones that take surveillance video. Link to the article, with video, is here: [link] And a companion piece I wrote: [link] Filed under: awesomeness, life, right of publicity, tech news. awesomeness life right of publicity tech news
Entertainment Law Update Podcast: Episode 62 – SpaceX Photos, Robin Williams’ Right of Publicity, Un-neighborly art, and more
Gordon P. Firemark
APRIL 22, 2015
Right of Publicity Developments. Rand Paul video pulled for song rights (quick take, for fun). - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The post Entertainment Law Update Podcast: Episode 62 – SpaceX Photos, Robin Williams’ Right of Publicity, Un-neighborly art, and more originally appeared on Entertainment Law Offices of Gordon P. The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment.
Music Modernization Act Becomes Law – Mechanical Rights To Become Easier Just As Performance Rights May Become More Difficult
Broadcast Law Blog
OCTOBER 15, 2018
Other provisions were added in the Senate (and then approved again by the House) dealing with matters including pre-1972 sound recordings , Sirius-XM royalties, and the ability of existing music organizations to continue to do direct licenses for mechanical and other rights outside the new statutory system. Performance rights in the United States, until a few years ago, were relatively straightforward.
Chris Castle on Artist’s Right to Streaming Exclusives
Music Technology Policy
APRIL 5, 2017
via @colaboratorpcn: Douglas Caballero interviews Chris Castle — Artist Rights Watch. Exclusives Spotify Spotify Meltdown artist rights Chris Castle Podcast Colaborator Streaming Exclusive
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