M.E.L.O.N.

Music Biz: Live Nation Slows 360s

by Howie Cockrill

In late April of this year, I wrote a three-part “Spotlight” article on Live Nation, exploring in depth the massive steps being taken by the concert impresario to secure its primacy not just in the live events market, but also in pretty much every ancillary market you can imagine.

One strategy Live Nation used in this business blitz was to identify major-player executives in both its core markets and its areas of expansion, and to bring them into the Live Nation fold.

Michael Cohl was one of these major-player executives.

(C): First Sale Doctrine Pt. 3

by Howie Cockrill

In Part 1 of this article I explained what the First Sale Doctrine is, how the it was first applied in the U.S. and how it became part of federal copyright law.

In Part 2 I began looking at Universal Music Group v. Augusto, the most recent application of the First Sale Doctrine in federal courts.

Part 3 focuses on Augusto's particular arguments, and what the court thought of each. 

(C): First Sale Doctrine Pt. 2

by Howie Cockrill

In Part 1 of this article, I explained the First Sale Doctrine, and we saw how it was first applied in the U.S. and then became part of federal copyright legislation.

The First Sale Doctrine has been in the news lately due to a recent California federal district court ruling. 

So in Part 2, I'll explore a 2008 application of the First Sale Doctrine in Universal Music Group v. Augusto.

Here's what happened:

(C): First Sale Doctrine

by Howie Cockrill

Last week, a federal district judge in California dismissed a copyright infringement suit brought by Universal Music Group against a man selling Universal’s “promo” CDs on eBay. 

This decision is not a minor blip on the music industry’s radar, and at the case’s heart was something called the “first sale doctrine.” 

So – what is the first sale doctrine, and why should you care?

Excellent questions – let’s see if I can answer them.

(C): Notice & Take Down Pt. 3

by Howie Cockrill

In Part 1 and Part 2 of this article, I outlined the 4 types of Service Providers qualifying for protection under the DMCA and explained the 3 types of copyright infringement - strict, contributory and vicarious liability.

In Part 3, I provide an explanation of the DMCA's Section 512 - more commonly referred to as the "notice and take down" or "safe harbor" provisions.

(C): Notice & Take Down Pt. 2

by Howie Cockrill

In Part 1 of this article, I outlined the 4 types of Online Service Providers (OSPs) that qualify for protection under the DMCA and the 3 types of infringement liability.

I also explained the concept of "strict liability."

In Part 2, I discuss the "contributory" and "vicarious" infringement liability and explore the notion of no liability for copyright infringement. 

(C): Notice & Take Down Pt. 1

by Howie Cockrill

If you are an individual or company offering a service on the internet, you may already be aware of “notice and takedown” or “safe harbor” rules for copyrighted content online.

If not – now is the time to learn. 

These rules, enacted in the 1998 Digital Millennium Copyright Act (DMCA), may just protect you and your website from landing in hot water for copyright infringement.

In this series, I will discuss the safe harbor provisions of the DMCA, who they apply to and the varying types of liability associated with online copyright infringement.

Keep in mind throughout this article that I have oversimplified many of the legal concepts and issues in order to provide a layman's overview of the subject. 

As always on MELON, the specifics of any particular situation will probably require a more in depth understanding and analysis.

Spotlight: Live Nation Pt. 3

by Howie Cockrill

In Part 1 and Part 2 of this "Spotlight:" article - I provided an overview of Live Nation and its executive team, as well as explored some of the company's core business (live event) deals.

Part 3 brings Live Nation's plans for ancillary revenue streams into focus by giving an overview of several deals Live Nation has cut in the past few years. 

I also take a look at Live Nation's vision for 2008.

Spotlight: Live Nation Pt. 2

by Howie Cockrill

In Part 1 of this "Spotlight:" article - I provided a quick snapshot of live event impresario Live Nation. 

In Part 2, I will focus on the team Live Nation has built to help the company move into a new era of entertainment, and some of the core business deals that exemplify what Live Nation is all about.

Events: SanFran MusicTech Summit

The SanFran Music Tech Summit is just around the bend - Thursday, May 8th @ the Hotel Kabuki in Japantown. 

BEAT-Law's Howie Cockrill will be on the "Legal Issues in Searching, Linking and Blogging" panel @ 9:20 am, moderated by Joe Gratz of Keker and Van Nest LLP. 

The other panelists are Andrew Bridges (Winston & Strawn LLP), Mark Palermo (ASCAP, Dir. of Special Projects), and John Potter (DiMA, Exec. Dir.).

From the SFMT website:

"The SanFran MusicTech Summit will bring together digital thought leaders from the San Francisco Bay Area, as well as from all around the country, to the region which currently leads the way in innovating (both socially, and technologically) new ways of interacting with both music, and musicians.

We will be working long term to help enable a sustainable, ongoing, Northern California based music and related technology market."

Hope to see you there!