M.E.L.O.N.

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.

Events: Bandwidth Conference

The Bandwidth Music | Technology Conference is taking place August 14 & 15 at the University Club in Nob Hill. 

BEAT-Law's Tony Berman will be leading the discussion about digital legal issues @ 1 pm in the Library.

Other featured speakers include Susan Bonds and Alex Lieu, President/CEO and Chief Creative Officer of 42 Entertainment, Jonathan Poneman, co-founder of Sub Pop Records, and Alexandra Patsavas, founder of Chop Shop Music. 

From their website:

Bandwidth features conversations with movers and shakers, as well as a chance to interact with others in an intimate environment - the right people in the right space in numbers that make it easy to connect.

Topics focus on marketing, fan behavior, trends and future forecasts, and an examination of the ways people discover, purchase, interact with, and are exposed to music.

Hope to see you there!

(C): $200K Victory for RIAA May be Retried

by Shana Dines

In our previous article, Copyright: Registration Pt. 2, we mentioned the case of the Recording Industry Association of America (RIAA) suing Jammie Thomas for 24 counts of copyright infringement through the web-based P2P trading network, KaZaA.  In October 2007, the jury awarded the five record label plaintiffs (including Capitol and Sony/BMG) statutory damages of $222,000, which is less than 10% of what they were legally entitled to. 

Thomas filed an appeal 11 days after the jury verdict was entered on the grounds of excessive damages.  Finally, 7 months later, Judge Michael Davis filed an order stating that he was considering granting a new trial not based on excessive damages, but based on a possible "manifest error of law."  The hearing over this matter was held yesterday, August 4, 2008.  Although a decision will not be entered for another month, many commentators are expecting Judge Davis to declare it a mistrial.

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.

(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. 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. 

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.