September 2004 – EntertainmentLawyer.Pro™

NY District Court Strikes Music Bootlegging Law

Posted on 09/26/2004 by Elliot Zimmerman

U.S. District Judge Harold Baer Jr. dismissed a federal indictment of Jean Martignon, who runs a Manhattan mail-order and Internet business that sells bootleg recordings. The judge struck down a 1994 law banning the sale of bootleg recordings of live music, ruling the law unfairly grants “seemingly perpetual protection” to the original performances. Cf. U.S. v. Moghadam, 175 F 3d 1269, 1272 (11th Cir. 1999). Read the article here.

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De Minimus Sampling Illegal

Posted on 09/12/2004 by Elliot Zimmerman

The 6th Circuit Court of Appeals (TN) held digital sampling of a sound recording, no matter how minimal, constitutes copyright infringement. See Bridgeport Music, Inc. et al. v. Dimension Films et al.; Case Nos. 02-6521, 03-5738; September 7, 2004. Read the decision here. Cf. Newton v. Diamond, Horowitz, and Yauch; 9th Circuit Court of Appeals (CA), 349 F 3rd 591, Nov. 4, 2003. Read the decision here.

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NFT: non-fungible token law including "smart" contracts, production and producer agreements, talent agreements (actors, models, musicians, composers), distribution contracts, synchronization licensing, film, music & video industry negotiation and general intellectual property issues, especially relating to trademark and copyright;

MUSIC: including recording contracts, production and producer agreements, talent agreements (musicians, composers), distribution contracts, synchronization licensing, music industry negotiation and general intellectual property issues, especially relating to trademark and copyright;

MASS COPYRIGHT INFRINGEMENT LAWSUIT DEFENSE: including motions to quash subpoenas to ISPs to ascertain the identity of an alleged infringer by IP, and defense of civil and criminal copyright infringement suits;

FILM: covering option agreements, finance, chain of title issues, talent agreements (screenwriters, film directors, actors, composers, producers, designers), production, post production and trade union issues, distribution issues, motion picture industry negotiations, distribution, and general intellectual property issues relating to copyright and trademarks;

MULTIMEDIA: including software licensing issues, video game development and production, information technology law, advertising, new media licensing, censorship, privacy, freedom of information, telecommunications, and general intellectual property issues;

PUBLISHING: including print media, advertising, models, author agreements and general intellectual property issues, especially relating to copyright;

TELEVISION AND RADIO: including broadcast licensing and regulatory issues, mechanical licenses, and general intellectual property issues, especially relating to copyright;

THEATER: including rental agreements and co-production agreements, and other performance oriented legal issues;

VISUAL ARTS AND DESIGN: including fine arts, issues of consignment of artworks to art dealers, moral rights of sculptors regarding works in public places; and industrial design, issues related to the protection of graphic design elements in products;

FEDERAL AND FLORIDA LITIGATION

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