INDUSTRY INSIGHTS YOUR PEERS ARE READING
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. AUDIO: TRANSCRIPT: [link]. MORE
Right of Publicity Developments. Rand Paul video pulled for song rights (quick take, for fun). - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment. MORE
Those consent decrees, which have been in place since the 1940s, among other things require that these Performing Rights Organizations treat all songwriters alike in distributions based on how often their songs are played, and that they treat all services alike with users that provide the same kind of service all paying the same rate structure. Thus, moving toward an unregulated system simply does not seem possible in the current world of music rights. MORE
As usual, Henry gives an extremely relevant and literate dissertation on the loss of humanity imposed on us by Big Brother’s youngest sibling, Mark Zuckerberg–the boy who wouldn’t grow up, but who instead created an app for Room 101. Please listen to T Bone when you have a quiet hour to yourself. MORE
McKenna, Notre Dame Law School, have published The Scope of IP Rights. Mark A. Lemley, Stanford Law School, and Mark P. Here is the abstract. Intellectual property (IP) law doctrines fall into three basic categories: validity, infringement and defenses. Virtually MORE
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. irespectmusic campaign Moral Rights MORE
The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts. What is a Right of First Refusal? What is Right of First Negotiation? Often, studios will grant such reservations of rights, but insist on a Right of First Refusal or First Negotiation. MORE
What’s the point of having good metadata and rights information for licensing? This is something to keep in mind when dealing with companies that want to collect your rights data and aggregate it into a database that they can then sell. (An Make sure you have a written data confidentiality agreement that allows you to terminate any rights in the case of an assignment, sale or other transfer of the licensee’s company or assets. MORE
Copyright Office — Artist Rights WatchIn a typically backstabbing lame duck kabuki dance, Google has fired Maria Pallante, the head of the U.S. Copyright Office. MORE
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 MORE
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? It’s called a GRAND RIGHTS or DRAMATIC PERFORMANCE RIGHTS license. MORE
Since MTP started in 2006, we have focused primarily on artist rights. Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights, there were many comparisons in the press to Microsoft’s encounter with the Senate years before. Sounds fair, right? MORE
December 10 is International Human Rights Day. 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. MORE
A judge rules that under Italian law, his scores were created as works made for hire. read more. THR, Esq. Business Movies Music Business THR Online MORE
Arnold Roosendaal, TNO Information and Communication Technology in Delft, has published Digital Personae and Profiles in Law: Protecting Individuals'' Rights in Online Contexts. MORE
The dispute centers on rights to adapt 'Bones of the Master: A Buddhist Monk's Search for the Lost Heart of China.' read more. THR, Esq. Movies Movies THR Online MORE
via @rachelrwithers: Amazon Owes Wikipedia Big-Time — Artist Rights Watch Amazon gave $1 million to Wikipedia–and gets way more out of the deal than the charity. MORE
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. VIDEO: [link]. MORE
In fact, it is an anti-creator, anti-property-rights bill. via @richardjburgess: The So-Called ‘Local Radio Freedom Act’ Is Actually an Anti-Creator, Anti-Property-Rights Bill — Artist Rights Watch The National Association of Broadcasters (NAB) and its army of highly paid lobbyists are asking Members of Congress to cosponsor a bill that they have the nerve to call the Local Radio Freedom Act (LRFA). MORE
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? MORE
Giovanni De Gregorio, University of Milano-Bicocca, has published Secret Filming and the Right to Inform under an European Constitutional Perspective. MORE
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. MORE
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. MORE
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. AUDIO: TRANSCRIPT: [link]. MORE
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 MORE
Timothy Zick, William & Mary Law School, has published Rights Speech as William & Mary Law School Research Paper No. 09-275. Here is the abstract. Freedom of speech has a complex and dynamic relationship with a number of other constitutional MORE
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. MORE
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. MORE
Andrei Marmor, Cornell University Law School, has published Two Rights of Free Speech as Cornell Legal Studies Research Paper No. My main argument in this paper is that the right to freedom of expression is MORE
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. MORE
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. MORE
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 MORE
Simple, right? I’d love to be wrong, but I will bet right now that nothing is going to change at Spotify, Pandora or any of the other tech companies that should be paying close attention to what is happening in these Spotify meetings. MORE
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. MORE
[Editor Charlie sez: A must read interview with a true artist rights advocate, Linda Bloss-Baum.]. As the Senior Director of Industry and Artist Relations, Linda Bloss-Buam ensure that artists and rights owners are aware of all the services that SoundExchange has to offer. irespectmusic campaign artist rights Artist Rights are Human Rights Linda Bloss-Baum Myki Angeline Womens International Music Network MORE
Once again, MusicCanada’s Global Forum at Canadian Music Week in Toronto gives a major platform to creators to discuss the human rights of artists and how to deal with the Silicon Valley onslaught with a great interview by Kate Taylor of the Globe and Mail. MORE
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. MORE
TRANSCRIPT: Do you need to clear music rights for your social-media advertising campaigns? So, even if you're only doing a few Facebook or Instagram ads, you'll want to do things right by getting license for the music you use. All right. VIDEO: [link]. MORE
Artists' rights are human rights. The human rights of artists is a different concept from intellectual property rights, such as copyright. This human right itself derives from the inherent dignity and worth of all persons. MORE
Stephen Schulhofer, New York University School of Law, has published An International Right to Privacy? Be Careful What You Wish For as NYU School of Law Public Law Research Paper No.15-15. Here is the abstract. Nations now have unprecedented capacity MORE
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. MORE
via @colaboratorpcn: Douglas Caballero interviews Chris Castle — Artist Rights Watch. Exclusives Spotify Spotify Meltdown artist rights Chris Castle Podcast Colaborator Streaming Exclusive MORE
Rights Related Topics 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. This human right itself derives from the inherent dignity and worth of all persons.
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. irespectmusic campaign Moral Rights
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.
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.
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?
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. VIDEO: [link].
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? It’s called a GRAND RIGHTS or DRAMATIC PERFORMANCE RIGHTS license.
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. AUDIO: TRANSCRIPT: [link].
Gordon P. Firemark
AUGUST 9, 2016
The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts. What is a Right of First Refusal? What is Right of First Negotiation? Often, studios will grant such reservations of rights, but insist on a Right of First Refusal or First Negotiation.
Music Technology Policy
DECEMBER 10, 2011
December 10 is International Human Rights Day. 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.
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.
Music Technology Policy
MAY 8, 2014
Since MTP started in 2006, we have focused primarily on artist rights. Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights, there were many comparisons in the press to Microsoft’s encounter with the Senate years before. Sounds fair, right?
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.
Broadcast Law Blog
MARCH 7, 2019
Those consent decrees, which have been in place since the 1940s, among other things require that these Performing Rights Organizations treat all songwriters alike in distributions based on how often their songs are played, and that they treat all services alike with users that provide the same kind of service all paying the same rate structure. Thus, moving toward an unregulated system simply does not seem possible in the current world of music rights.
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. AUDIO: TRANSCRIPT: [link].
Gordon P. Firemark
SEPTEMBER 7, 2018
TRANSCRIPT: Do you need to clear music rights for your social-media advertising campaigns? So, even if you're only doing a few Facebook or Instagram ads, you'll want to do things right by getting license for the music you use. All right. VIDEO: [link].
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.
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
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.
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.
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
Music Technology Policy
MARCH 7, 2019
In fact, it is an anti-creator, anti-property-rights bill. via @richardjburgess: The So-Called ‘Local Radio Freedom Act’ Is Actually an Anti-Creator, Anti-Property-Rights Bill — Artist Rights Watch The National Association of Broadcasters (NAB) and its army of highly paid lobbyists are asking Members of Congress to cosponsor a bill that they have the nerve to call the Local Radio Freedom Act (LRFA).
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.
THR, Esq. Entertainment & Media Law Blog
APRIL 27, 2018
The dispute centers on rights to adapt 'Bones of the Master: A Buddhist Monk's Search for the Lost Heart of China.' read more. THR, Esq. Movies Movies THR Online
Media Law Prof Blog
OCTOBER 3, 2016
Andrei Marmor, Cornell University Law School, has published Two Rights of Free Speech as Cornell Legal Studies Research Paper No. My main argument in this paper is that the right to freedom of expression is
Gordon P. Firemark
APRIL 22, 2015
Right of Publicity Developments. Rand Paul video pulled for song rights (quick take, for fun). - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment.
Music Technology Policy
OCTOBER 21, 2016
Copyright Office — Artist Rights WatchIn a typically backstabbing lame duck kabuki dance, Google has fired Maria Pallante, the head of the U.S. Copyright Office.
Music Technology Policy
MAY 28, 2015
Once again, MusicCanada’s Global Forum at Canadian Music Week in Toronto gives a major platform to creators to discuss the human rights of artists and how to deal with the Silicon Valley onslaught with a great interview by Kate Taylor of the Globe and Mail.
Music Technology Policy
AUGUST 14, 2017
[Editor Charlie sez: A must read interview with a true artist rights advocate, Linda Bloss-Baum.]. As the Senior Director of Industry and Artist Relations, Linda Bloss-Buam ensure that artists and rights owners are aware of all the services that SoundExchange has to offer. irespectmusic campaign artist rights Artist Rights are Human Rights Linda Bloss-Baum Myki Angeline Womens International Music Network
Media Law Prof Blog
JUNE 22, 2015
Stephen Schulhofer, New York University School of Law, has published An International Right to Privacy? Be Careful What You Wish For as NYU School of Law Public Law Research Paper No.15-15. Here is the abstract. Nations now have unprecedented capacity
THR, Esq. Entertainment & Media Law Blog
OCTOBER 9, 2017
A judge rules that under Italian law, his scores were created as works made for hire. read more. THR, Esq. Business Movies Music Business THR Online
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
Music Technology Policy
OCTOBER 9, 2014
Simple, right? I’d love to be wrong, but I will bet right now that nothing is going to change at Spotify, Pandora or any of the other tech companies that should be paying close attention to what is happening in these Spotify meetings.
Music Technology Policy
MARCH 19, 2019
As usual, Henry gives an extremely relevant and literate dissertation on the loss of humanity imposed on us by Big Brother’s youngest sibling, Mark Zuckerberg–the boy who wouldn’t grow up, but who instead created an app for Room 101. Please listen to T Bone when you have a quiet hour to yourself.
Media Law Prof Blog
FEBRUARY 11, 2019
Giovanni De Gregorio, University of Milano-Bicocca, has published Secret Filming and the Right to Inform under an European Constitutional Perspective.
Media Law Prof Blog
APRIL 8, 2014
Timothy Zick, William & Mary Law School, has published Rights Speech as William & Mary Law School Research Paper No. 09-275. Here is the abstract. Freedom of speech has a complex and dynamic relationship with a number of other constitutional
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
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.
Music Technology Policy
JUNE 25, 2017
via @IRMPodcast #2: @RadioCleveKKG Interviews @theblakemorgan about #irespectmusic — Artist Rights Watch. Here’s the latest installment in the #irespectmusic podcast ! Karoline Kramer Gould interviews Blake Morgan about how #irespectmusic got started.
Media Law Prof Blog
SEPTEMBER 23, 2015
McKenna, Notre Dame Law School, have published The Scope of IP Rights. Mark A. Lemley, Stanford Law School, and Mark P. Here is the abstract. Intellectual property (IP) law doctrines fall into three basic categories: validity, infringement and defenses. Virtually
Music Technology Policy
SEPTEMBER 18, 2015
What’s the point of having good metadata and rights information for licensing? This is something to keep in mind when dealing with companies that want to collect your rights data and aggregate it into a database that they can then sell. (An Make sure you have a written data confidentiality agreement that allows you to terminate any rights in the case of an assignment, sale or other transfer of the licensee’s company or assets.
Media Law Prof Blog
SEPTEMBER 11, 2013
Arnold Roosendaal, TNO Information and Communication Technology in Delft, has published Digital Personae and Profiles in Law: Protecting Individuals'' Rights in Online Contexts.
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