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.

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.

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.

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!

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?