M.E.L.O.N.

Copyright: Perform. Rights vs. Local Radio Freedom Act

by Shana Dines

Back in February, we reported on the progress of the Performance Rights Act (H.R.4789, S.2500) in a three-part series of articles.  Part 1 provided the background of the bill, Part 2 explained the changes it would make to existing law, and Part 3 discussed the arguments for and against the bill.

On June 11, 2008, hearings on the Performance Rights Act were held in the House Judiciary Committee's Subcommittee on the Courts, the Internet, and Intellectual Property and on June 26, the subcommittee voted on and passed the bill.  Next is consideration by the full Judiciary Committee and, if approved, the bill will move on to the House of Representatives.

However, before the Performance Rights Act was proposed on Dec. 18, 2007, a Concurrent Resolution Supporting the Local Radio Freedom Act had been introduced in the House of Representatives on Oct. 31, 2007 that, if passed, would nullify the P.R.A.'s intended changes.

Imagine No Permissions

by Tony Berman

Researched & edited by Shana Dines

Since the U.S. District Court for the Southern District of New York decided against Yoko Ono Lennon earlier this month in a well-publicized copyright infringement case, many filmmakers are further confused about where the lines are drawn around the concept of “Fair Use”. 

Ono Lennon was denied an injunction against the makers of the documentary film "Expelled," about Intelligent Design theory, for using a 15-second excerpt from Lennon's renowned song "Imagine" without her permission. 

(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.

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.