May 31st, 2012
The US District Court for the Eastern District of New York has held that an IP address does not definitively identify an individual because of the numerous identification issues, including poached connections, shared connections, and proxy servers. Judge Brown explained that “while the ISPs will provide the name of its subscriber, the alleged infringer could be the subscriber, a member of his or her family, an employee, invitee, neighbor or interloper.”
TufAmerica sued The Beastie Boys for copyright infringement, misappropriation and unjust enrichment for the alleged inclusion of uncleared samples of music by the band Trouble Funk on the albums License to Ill and Paul’s Boutique. The lawsuit was filed the day before Beastie Boy Adam Yauch died from cancer.
Henry Mancini’s publishing company, controlled by his heirs, has filed a claim with the American Arbitration Association against EMI Music Publishing seeking more than $1.35 million in unpaid royalties allegedly owed to Mancini’s company from net profits from the music in the original 1963 Pink Panther film. The heirs want EMI’s administration rights terminated in addition to punitive damages due to the alleged malfeasance and breach of fiduciary duty.
Michael McDonald has sued label Warner Music Group, joining the long list of artists suing their label over the digital download as sale or license debate.
The Supreme Court declined to review Joel Tenenbaum’s challenge against a lawsuit with the RIAA, which resulted in a $675,000 jury verdict against college-student Tenenbaum for his illegal downloading of 30 songs.
A Tennessee District Court judge granted The Weinstein Company‘s motion for summary judgment in a case brought by “Soul Man” singer Sam Moore over the 2008 film Soul Men, starring Samuel L. Jackson and Bernie Mac. Moore claimed that the film was loosely based on the career of the group Sam & Dave, of which Moore was a member. Moore alleged that the film infringed his rights of publicity, trademark rights, and an unfair competition violation. In a 98 page opinion, the court found in favor of the defendant, Weinstein Company. The opinion describes the plaintiff’s expert witnesses as inadequate and unreliable, and noted that the film does not mention “Sam & Dave” or “Sam Moore” directly, did not use any of their music aside from one cover of a song of theirs, and expressly uses a disclaimer that the persons and events in the film are fictitious. All of Moore’s claims were individually addressed, finding on all counts in favor of defendant Weinstein Co.
May 30th, 2012
Facebook acquired Glancee, a technology that enable proximity alerts among friends and like-minded users.
The National Music Publishers’ Association (NMPA) has added Barry Coburn of Ten Ten Music Group and Zach Horowitz of Universal Music Publishing Group to its Board of Directors.
The Orchard has acquired IRIS Distribution.
Samsung acquired mSpot.
Adrian Moreira moved up to SVP of Promotions from SVP of Adult Music at RCA Records.
Yahoo CEO Scott Thompson is leaving the company, following a rumored controversy around an embellished academic record. Ross Levinsohn will be stepping up as the interim CEO.
Jay Boberg is the new chairman of the board of Isolation Network, the parent of INgrooves Fontana.
Greg Scholl, former CEO of The Orchard, is making his music industry comeback as the Executive Director of Jazz At Lincoln Center.
Dick Wingate has moved from his position as General Manager, East Coast Business Development for digital consultancy TAG Strategic, to join venture capitalist DEV (Digital Entertainment Ventures) as Principal.
A U.S. Senate panel will hold a hearing to discuss Universal Music Group’s proposed acquisition of EMI, another step in the lengthy regulatory review of the $1.9 billion deal. (WSJ) No date has been set.
Agent Joe Brauner, has moved to William Morris Endeavor from CAA, bringing clients Norah Jones and Amos Lee with him.
Richard Lom has been promoted from Director to VP of SBS Entertainment.
Alliance Entertainment acquired Audiolife.
May 30th, 2012
Amanda Palmer has raised over $1 million dollars on Kickstarter, with over a day left to go on her campaign. Amanda left Roadrunner Records following the 2008 release of her first solo album. Her new album will be funded independent of a label, through the financial support of almost 22,000 fans and friends (as of this point). Palmer’s original goal for her Kickstarter campaign was $100,000, a number she’s greatly exceeded. The success of her campaign may lead other major label artists to move away from the traditional label model of album release and promotion and look to fans for the finances.
May 30th, 2012
Entertainment, Arts & Sports Law Section Presents:
Thursday, June 14, 2012 12-12:30 PM (Lunch) 12:30-2:10 PM (Panel)
Herrick Feinstein, LLP 2 Park Avenue (at 33rd and Park) 14th Floor Auditorium New York City
This program has been approved for a total of 2.0 MCLE Credits in Professional Practice
Cosponsored by the Television and Radio, Music and Recording Industry, and Motion Pictures Committees of the Entertainment Arts & Sports Law Section of the New York State Bar Association
Program Chairs: Barry Skidelsky, Esq. Pamela Cathlyn Jones, Esq., Christine Pepe, Esq, Mary Ann Zimmer, Esq.
Moderator: Barry Skidelsky, Esq
Speakers: Jeff Brabec, Vice President, Business Affairs, BMG Chrysalis) Benjamin E. Marks, Esq. Partner, Weil, Gotshal and Manges LLP Matthew DeFilippis, Vice President, New Media & Technology, ASCAP
Program Description: Licensing music for film and television has long been a complicated and fragmented process, often requiring multiple copyright licenses from record labels, music publishers, and performing rights organizations. Advancements in digital device and distribution technologies have engendered additional complexity, simultaneously creating new opportunities and challenges — not only for creators and copyright owners, but also for those who counsel them. This panel will examine emerging digital business models and related issues — from the creative, business and legal perspectives.
Registration: Please register at www.nysba.org/
Pricing (Lunch Included): $30 for EASL Members $50 Non-Members
For More Information: firstname.lastname@example.org
May 23rd, 2012
Another award ceremony on the horizon…
The BET Awards Nominees were announced yesterday. The awards show will be hosted this year by Samuel Jackson and will air July 1, 8 pm EST.
Here is the full list:
Best Female R&B Artist
- Marsha Ambrosius
- Mary J. Blige
- Melanie Fiona
- Chris Brown
- Bruno Mars
- Trey Songz
- Bad Meets Evil
- Diddy Dirty Money
- Maybach Music Group
- Mindless Behavior
- The Throne
- Beyoncé f/ J. Cole — “Party”
- Big Sean f/ Kanye West & Roscoe Dash
- DJ Khaled f/ Drake, Rick Ross & Lil Wayne
- Drake f/ Lil Wayne and Tyga — “The Motto”
- The Throne (Jay-Z & Kanye West) f/ Otis Redding
- Wale f/ Miguel — “Lotus Flower Bomb”
- Big Sean
- J. Cole
- Lil Wayne
- Rick Ross
- Young Jeezy
- Nicki Minaj
- Brianna Perry
- Beyoncé — “Countdown”
- Beyoncé — “Love on Top”
- The Throne (Jay-Z & Kanye West) —“N—-s in Paris”
- The Throne (Jay-Z & Kanye West) f/ Otis Redding — “Otis”
- Usher – ”Climax”
- Beyoncé & Alan Ferguson
- Benny Boom
- Chris Brown & Godfrey Tabarez
- Kanye West
- Hype Williams
- A$AP Rocky
- Big Sean
- Meek Mill
- Yolanda Adams
- Kim Burrell
- James Fortune & FIYA
- Fred Hammond
- Trin-I-Tee 5:7
- Angela Bassett
- Viola Davis
- Taraji P. Henson
- Regina King
- Zoe Saldana
- Don Cheadle
- Idris Elba
- Kevin Hart
- Denzel Washington
- Jacob Latimore
- Keke Palmer
- Willow Smith
- Good Deeds
- Jumping The Broom
- Laugh At My Pain
- Red Tails
- The Help
- Skylar Diggins
- Candace Parker
- Brittney Griner
- Serena Williams
- Venus Williams
- Carmelo Anthony
- Kobe Bryant
- Victor Cruz
- Kevin Durant
- LeBron James
Coca-Coca Viewers’ ChoiceAward
- Drake ft. Lil Wayne, Tyga – “The Motto”
- Beyoncé – “Love on Top”
- Chris Brown – “Turn Up the Music”
- Mindless Behavior – “Hello”
- The Throne (Jay – Z, Kanye West) ft. Otis Redding – “Otis”
- Wale ft. Miguel - ”Lotus Flower Bomb”
- Robert Glasper
- Robin Thicke
- Camp Mulla (Kenya)
- Ice Prince (Nigeria)
- Lira (South Africa)
- Mokobe (Mali)
- Sarkodie (Ghana)
- Wizkid (Nigeria)
- Emeli Sande
- Wretch 32
May 22nd, 2012
Facebook share prices hit a low today of $30.98, 18% lower from the $38 IPO on Friday and 8.9% lower than Monday. Shortly after trading started on Friday, the stock had risen to a high of $45 but has been mostly on the decline since.
Nothing has changed at Facebook since the IPO to substantiate the decline, although just days before the offering, underwriter Morgan Stanley drastically cut Facebook’s revenue forecasts. The general speculation is that Facebook was drastically overvalued. Even at its Monday closing price of $34.04, the market implies a 24% annual growth rate for earnings over the next 10 years, which would rank above 90 percent of the companies in that industry.
An interesting twist on the story – Digital Music News reported on how the Facebook share decline will likely affect Spotify’s valuation.
May 21st, 2012
The Billboard Music Awards took place last night. Adele took home 12 awards, including Top Artist and Top Billboard 200 Album. LMFAO won 6 awards.
Here is the full list of winners:
Top Artist – Adele
Top Hot 100 Song – “Party Rock Anthem,” LMFAO feat. Lauren Bennet & Goonrock
Top Billboard 200 Album – 21, Adele
Top Duo/Group – LMFAO
Top New Artist - Wiz Khalifa
Top Male Artist - Lil Wayne
Top Female Artist - Adele
Top Touring Artist - U2
Top Hot 100 Artist - Adele
Top Billboard 200 Artist - Adele
Top Rock Artist – Coldplay
Top Country Artist - Lady Antebellum
Top Digital Songs Artist - Adele
Top Radio Songs Artist – Adele
Top Social Artist - Justin Bieber
Top Streaming Artist - Rihanna
Top Digital Media Artist - Adele
Top Pop Artist- Adele
Top R&B Artist - Chris Brown
Top Rap Artist - Lil Wayne
Top Country Album - My Kinda Party, Jason Aldean
Top Alternative Artist - Coldplay
Top Latin Artist - Shakira
Top Dance Artist - Lady Gaga
Top Christian Artist - Casting Crowns
Top Pop Album - 21, Adele
Top R&B Album – 4, Beyonce
Top Rap Album - Tha Carter IV, Lil Wayne
Top Rock Album - Mylo Xyloto, Coldplay
Top Alternative Album - Mylo Xyloto, Coldplay
Top Latin Album - Formula: Vol. 1, Romeo Santos
Top Dance Album - Born This Way, Lady Gaga
Top Christian Album - Come to the Well, Castin Crowns
Top Digital Song - ”Party Rock Anthem,” LMFAO feat. Lauren Bennet & Goonrock
Top Streaming Song (audio) - “Rolling in the Deep,” Adele
Top Radio Song - “Give Me Everything,” Pitbull feat. Ne-Yo, Afrojack, and Nayer
Top Streaming Song (video) - “Super Bass,” Nicki Minaj
Top Pop Song - ”Party Rock Anthem,” LMFAO feat. Lauren Bennet & Goonrock
Top Country Song - “Dirt Road Anthem,” Jason Aldean
Top R&B Song - “Motivation,” Kelly Rowland, Lil Wayne
Top Rock Song - “Pumped Up Kicks,” Foster the People
Top Alternative Song - “Rolling in the Deep,” Adele
Top Latin Song - “Danza Kuduro,” Don Omar & Lucenzo
Top Dance Song - ”Party Rock Anthem,” LMFAO feat. Lauren Bennet & Goonrock
Top Christian Song - “Blessings,” Laura Story
Top Rap Song - ”Party Rock Anthem,” LMFAO feat. Lauren Bennet & Goonrock
May 17th, 2012
The Historical Society of the Courts of the State of New York is putting on an event next week that is free and open to the public.
Scales of Justice
AN EVENING OF LIVE MUSIC AND COPYRIGHT LAW
Wednesday, May 23, 2012
The New York City Bar
42 West 44th Street, New York, NY
Program is free and open to the public
5:30 PM Reception
6:30- 8:00 PM Program
REGISTER ONLINE AT www.nycourts.gov/history
Hon. Judith S. Kaye
Former Chief Judge of the State of New York
Hon. Albert M. Rosenblatt
President, The Historical Society of the New York Courts
A Musical Conversation:
When is an Expression of Music Copyrightable?
On the Podium
Robert W. Clarida, Esq.
Partner, Reitler Kailas & Rosenblatt LLC
At the Piano
Jazz Pianist, Composer, Educator
Vice President, General Counsel and Secretary,
Lincoln Center for the Performing Arts
REGISTER ONLINE AT www.nycourts.gov/history
May 16th, 2012
Coming up this Saturday, the National Association of Recording Industry Professionals (NARIP) is having its next music industry networking brunch.
Details below, from the NARIP Website. I hear these are valuable events and a great way to mingle with professionals in the recording industry. The brunch is open to NARIP members and non-members.
NARIP BrunchYou are cordially invited to attend NARIP’s next brunch on Saturday, May 19, 2012 sponsored by Discmakers in New York.
Eat, Meet & Greet!
Saturday, May 19, 2012
Sponsored by Discmakers
We’re doing it again! Join us, come meet and greet New York-area record and music industry professionals.
All are welcome at our brunch.
You need not be a NARIP member to attend.
Please RSVP and register online by Thursday, May 17 at 5:00 p.m. so we can prepare enough refreshments for everyone. NARIP encourages pre-payment. You are welcome to attend at the last minute as a walk-up, but we appreciate advance registration.
So come along to meet existing friends and contacts, and make new ones. NARIP brunches feature 30-second introductions by all present to help you identify and get in front of the people who can make a difference to your business. Professional speed-dating!
Among other things, NARIP sponsors events like these to encourage networking and the fostering of business relationships in the record industry. Over 75% of all great opportunities, deals and job offers come about as a direct result of second and third party referrals – who you know matters. So get to know more people in the record biz, and let them get to know you! Please join us and bring plenty of business cards. All are welcome, details below.
“ONE OF THE BEST OPPORTUNITIES TO NETWORK” IN THE BIZ (Music Connection Magazine)
“NARIP brunches have been a HUGE benefit for me and my company,” says Geodesic Management’sDan Strader from New York. “In just a few hours at a Los Angeles brunch, I was able to establish a presence in that city and make solid connections that I still use to this day. Networking brunches have now begun in New York, and the connections we’ve made are career-changing.”
Please register online by Thursday, May 17 at 5:00 p.m. so we can prepare enough refreshments for everyone. To register now, just scroll down.
Is your network not working? Ours is.
They can’t promote you if they don’t know who you are!
Special thanks to David Olinsky at Discmakers for sponsoring this event.
Saturday, May 19, 2012
11:00 a.m. – Arrive and eat!
11:30 a.m. – Introductions
1:00 p.m. – Brunch ends, networking continues
16 West 18th Street
New York, NY 10011-5504
$10 for NARIP members
$20 for Non-members
Get a NARIP membership for $9.95 a month and only pay the member rate!
We encourage you to register in advance online now (just scroll down). Otherwise, cash only at the door on Event Day please. Price includes food, beverage and event admission.
PARKING & DIRECTIONS:
Click here for map.
Between 5th and 6th Avenues.
Call 818-769-7007 or email info AT narip DOT com