M.E.L.O.N.

(c):Defendant Destroyed Evidence, RIAA Wins

by Shana Dines

In a previous article about the lawsuit against Jammie Thomas, we discussed the arguments on either side of the "make available" theory of copyright infringement.  Just this week, Judge Davis granted the pending motion for a new trial.  The jury award of $222,000 in the Thomas case was considered the pride of the Recording Industry Association of America (RIAA). 

While this decision strikes a definitive blow to the RIAA's campaign to sue illegal file-traders for copyright infringement, there are still plenty of other cases pending on similar issues.  In another case that seemed to be leaning towards the defendants, the RIAA ultimately achieved a small victory earlier this month. 

The latest victims are the Howells, a husband and wife from Phoenix, AZ who decided to proceed in court without an attorney.  They had been faring relatively well for the past year, successfully blocking two summary judgments, however, the decision was ultimately ill-conceived. 

The Howells are now faced with a fine of $40,850 for destroying evidence that was critical to the case against them. 

Introdcuing: The M.E.L.O.N. Podcast!

In the interest of better serving our loyal readers, the M.E.L.O.N. Blog Team is excited to introduce the New M.E.L.O.N. Podcast!

Tony Berman, Esq. is here to answer all of your questions about multimedia and entertainment law.

Today's podcast answers a question from Will in Los Angeles.  Will asked why he should bother copyrighting his original songs and artwork.  Tony will also explain what someone should do if they find out their copyright is being infringed, how to go about registering a copyright, and what damages one can expect to recover if his copyright is infringed.

If you have a question you'd like Tony to answer on the M.E.L.O.N. podcast, please send it to melon@beat-law.com

Truth or Consequences: New Law Protects Performers and Public from Impostors

by Tony Berman

researched & edited by Shana Dines

While I was in Las Vegas the past couple of days, I checked out the listings of entertainment at the casinos.  There were obvious “tribute” shows such as “The Rat Pack is Back,” “Barbra and Frank: The Concert That Never Was,” and “Four Lads From Liverpool.”

Then there were some performers that made me wonder - “The Platters,” “Cornell Gunter's Coasters,” and “The Marvelettes.” 

I thought, “Didn’t Cornell Gunter die in the '90s in Las Vegas after being shot?” Who were these Coasters then?

And what about these Marvelettes?  I knew that for many years, none of the original members were able to tour under the name "The Marvelettes" in the United States due to a decision by Motown Records to sell their name to a promoter who had much younger girls on both coasts appearing as "The Marvelettes." 

"Did original Marvelette Gladys Horton regain control of the name?" I wondered.

And how many of the original Platters would be at this gig?  Certainly not Zola Taylor, who I knew had died last year.

Impersonators and tribute bands have long been a popular, inexpensive alternative to seeing the real musical groups, especially those who have passed away.  However, when a group falsely claims to include an original member and bills themselves as the real thing, they cross the line and become impostors.

(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): 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. 1

by Howie Cockrill

INTRODUCTION

The advent of digital media as a content format and of the internet as a distribution platform can now be squarely seen with the 20-20 hindsight of perspective as having been the end of one era and the beginning of another in the entertainment industry.

Those ripples that began in the 1990s have grown over nearly two decades to become tidal waves of change crashing into the vessels, small and large alike, of anyone trying to make a living or trying to get noticed in this business.

Will all the vessels stay afloat? Will rising tides truly float all boats?

Music Biz: 360 Deals Pt. 4

by Tony Berman

Researched & edited by Howie Cockrill

In Part 1 of this article, I introduced the "360 Deal," and in Part 2, I delved into the specifics of 360 deals to give you a flavor of how they work.

In Part 3 I explored several issues that all parties thinking of signing a 360 deal should consider. 

Part 4 is a continuation of my look at specific issues regarding 360 deals.

Music Biz: 360 Deals Pt. 3

by Tony Berman

Researched & edited by Howie Cockrill

In Part 1 of this article, I introduced the "360 Deal," which is similar to a recording agreement between an artist and a record company but encompasses much, much more than just recordings.  I also provided a bit of history to put the 360 Deal in context.

In Part 2, I delved into the specifics of 360 deals to give you a flavor of how they work.

Now, in Parts 3 and 4 I will explore some issues that all parties thinking of signing a 360 deal should consider.

Music Biz: MySpace Music

by Howie Cockrill

The music industry is all abuzz over the long-awaited announcement from MySpace executives that the social-networking behemoth is moving forward with extensive, formal integration of music into the website. 

MySpace’s initial focus as of the April 3rd launch is on bringing in major label content. 

MySpace has officially partnered with three of the four majors – Sony BMG, Universal and Warner.  EMI is expected to join up soon, with delays being attributed to recent management restructuring.