On or about February 4, 2022, Billboard reported the RIAA sent a demand letter to HitPiece, a new beta website, because it was selling thousands of songs and album artwork NFTs using information from Spotify’s API without permission from the artists or their record labels. The RIAA charged HitPiece with engaging in “the systematic and flagrant infringement of the intellectual property rights of the Record Companies and their recording artists on a massive scale…” Jared Continue reading RIAA v. NFT Distributor HitPiece
In light of the fact that many people are podcasting their own live performances of controlled compositions on YouTube and other social media, there seems to be a disconnect between the law and conduct. The thought of suing a fan who performs your or your client’s material is not as palatable to artists and companies today as it has been in the past, especially if there are other options… YouTube has new platforms and monetization policies Continue reading Posting Cover Tunes on YouTube and Other Social Media
Throughout my career, I have routinely included a parental guarantee of the child’s performance in all contracts I drafted for clients engaging a minor. IMHO, the parent gets a separate benefit and detriment from that of the child in agreeing to same in that the parent’s burden of providing for the child is abrogated if the child becomes an earner. At common law, the custodial parent of a minor child is entitled by law to Continue reading Are parental guarantees of their child’s performance enforceable?
New Copyright Royalty Board rates became effective on February 5, 2019, retroactive to January 1, 2018. The Harry Fox Agency created a chart to track the new royalty rates for music.
DMCA takedown notices for copyrighted material on the internet are made under penalty of perjury. The filer of the notice must own or control the copyright to the work or risk being charged. Damages accrue only if the work is taken down. See generally, 17 U.S. Code § 512(f). Limitations on liability relating to material online. Also, see Automattic Inc. v. Steiner, the first case to actually award damages for a fraudulent takedown notice.
On October 11, 2018, the Music Modernization Act became law… The Act enjoined the following 3 bills: 1.1 Title I: Music Modernization Act 1.2 Title II: CLASSICS Act 1.3 Title III: Allocation for Music Producers Act See https://en.wikipedia.org/wiki/Music_Modernization_Act for more details.
UMG Wins Round 2 Against Grooveshark by Elliot Zimmerman, BCS, PA www.entertainmentlawyer.pro On Tuesday, April 23, 2013, the New York State Supreme Court of Appeals reversed a lower state court decision favoring Escape Media Group Inc., the operators of the music streaming site Grooveshark. See UMG RECORDINGS, INC., Plaintiff-Appellant, (“UMG”) v. ESCAPE MEDIA GROUP, INC., (“Grooveshark”) Defendant-Respondent, RECORDING INDUSTRY ASSOCIATION OF AMERICA, AMICUS CURIAE, Appellate Div. of the Supreme Court of NY, 1st Department, 100152/10, Continue reading UMG Wins Round 2 Against Grooveshark
Are you a potential defendant in a mass copyright infringement action? Record and film companies continue the practice of filing mass copyright infringement lawsuits lumping thousands of defendants together, namimg each defendant “John Doe” or “Jane Doe” or “Does 1-2500.” Courts issue subpoenas to these defendants’ cable or internet provider to give up their identity. In turn, the cable or other internet provider sends each potentital defendant a letter stating that their IP address has Continue reading Mass Copyright Infringement Lawsuit Defense
Collage is considered fair use, and therefore not subject to copyright law. The doctrine of fair use protects educational and scholarly purposes such as news reporting, literary criticism, and libraries. Artistic uses are not explicitly protected by fair use, and commercial uses are explicitly not protected. My collage can freely use copyrighted material, as long as I use no more than 5% / 10% / a small amount of the original work. The doctrine of Continue reading Copyright Myths About Collages
Elliot Zimmerman discusses IP issues facing content creators, owners, and publishers. by Geoff Daily Click here to view article at www.streamingmedia.com February 15, 2007 The questions surrounding intellectual property are too numerous and varied to be boiled down to a list the way we’ve done with other “Ten Questions” articles in this issue. So, we sat down with Elliot Zimmerman—a Florida-based entertainment attorney who has represented clients including Aretha Franklin, jazz pianist Ahmad Jamal and others Continue reading Ten Questions: Intellectual Property, Copyright, and Streaming Media