Tatiana Markel

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Sir Paul Will Not Let It Be: McCartney Makes Preemptive Strike Against Music Publishers to Reclaim His Copyrights

By Tatiana Markel on January 20, 2017 Posted in Copyright, Music Industry

On Dec. 20, 2016, we wrote about a decision out of England’s High Court of Justice finding that members of music group Duran Duran breached their agreements with a music publisher by filing notices to terminate assignments of copyrights in 37 of their songs under section 203 of the Copyright Act. That decision shocked much … Continue Reading

A Darker Shade of Red Flags: Second Circuit Raises the DMCA Bar for Proving Internet Service Providers’ Knowledge of Copyright Infringement

By Tatiana Markel and Fernando A. Bohorquez, Jr. on July 5, 2016 Posted in Copyright Infringement

In a significant across-the-board victory for internet service providers hosting user-generated content (UGC), on June 16, 2016, the Second Circuit Court of Appeals issued its much anticipated decision in Capitol Records, LLC v. Vimeo, LLC. The ruling reaffirmed and clarified the Digital Millennium Copyright Act (“DMCA”) safe harbor for hosting potentially infringing UGC when they … Continue Reading

“And if You Listen Very Hard” . . . Zeppelin Going to [Trial in] California

By Dominic Gentile and Tatiana Markel on April 13, 2016 Posted in Copyright, Copyright Infringement

Central District of California Judge Gary Klausner ruled the founders of rock band Led Zeppelin – and more particularly, front men Jimmy Page and Robert Plant – must face a jury trial to determine whether the band’s most famous song, “Stairway to Heaven,” infringed a copyright belonging to the band Spirit. In 2014, the trustee … Continue Reading

Paul McCartney Refuses to Let It Be and Launches Effort to Reclaim Copyrights to Songs

By Tatiana Markel and Dominic Gentile on April 6, 2016 Posted in Copyright, Royalties

Legendary songwriter Paul McCartney has begun the process of acquiring the rights to songs he co-wrote with John Lennon while both were members of the Beatles. Although McCartney and Lennon authored most of the band’s hits, they signed over their copyrights at the start of their career on the advice of manager Brian Epstein. By … Continue Reading

Singers Chris Brown and The Weeknd Resolve Copyright Disputes

By Tatiana Markel on March 11, 2016 Posted in Copyright, Music Industry

Last year, songwriter Nayeri Gregor filed a copyright infringement lawsuit against Chris Brown, Benny Benassi, and others, claiming Brown’s 2012 song Don’t Wake Me Up infringed her 2009 song of the same title. According to Gregor, in 2011 she played her song for Irish singer-songwriter Brian Kennedy. Gregor further claimed that Kennedy memorized the music … Continue Reading

Russia’s Primary Social Network in Hot Water Again Over Failure to Police Infringement

By Tatiana Markel on February 24, 2016 Posted in Copyright, Copyright Infringement

Russia’s Facebook, vKontakte, is under fire for its allegedly poor handling of pervasive copyright infringement on its platform (literally translated from Russian, “v kontakte” means “in contact”). The Association for the Protection of Copyright on the Internet, or AZAPO, has sued vKontakte in Moscow City Court on behalf of author Zahar Prilepin for his book “Resident.” … Continue Reading

1 in 5,000: How John Doe Defeated Porn Producer Malibu Media

By Oren J. Warshavsky and Tatiana Markel on February 12, 2016 Posted in Copyright, Copyright Infringement

Litigation-friendly pornography producer Malibu Media has suffered a rare loss, which may spell trouble as it proceeds with more cases. According to the Chicago Daily Law Bulletin, Malibu Media has filed 5,207 copyright lawsuits in the past four years, only two of which have reached judgment. Malibu Media typically brings its cases as “John Doe” … Continue Reading

SoundExchange to Audit Pandora and Others to Ensure Accurate Reporting of Music Plays

By Tatiana Markel on February 5, 2016 Posted in Copyright, Digital Millennium Copyright Act (DMCA), Music Industry, Royalties

On January 22, 2016, the Copyright Royalty Board published SoundExchange’s notices of intent to audit broadcasters — including Beasley Broadcast Group Inc., Greater Media Inc., Saga Communications Inc., Townsquare MediaBroadcasting, and Univision Communications Inc. — and commercial webcasters — including Pandora Media Inc., Batanga, DMX, and Muzak Inc. — for payments each made to SoundExchange … Continue Reading

House Establishes Institute to Formalize its Seven-Year Fight Against Cybercrime

By Tatiana Markel on December 2, 2015 Posted in Cybercrime

On the fourteenth anniversary of 9-11, H.R. 3490—the Strengthening State and Local Cyber Crime Fighting Act—was introduced in the U.S. House of Representatives. On Monday, November 30, 2015, it passed with an overwhelming majority. The bill establishes the National Computer Forensics Institute (“NCFI”), to be operated by the U.S. Secret Service, to educate law enforcement … Continue Reading

House Establishes Institute to Formalize its Seven-Year Fight Against Cybercrime

By Tatiana Markel on December 2, 2015 Posted in Uncategorized

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

By Tatiana Markel on October 19, 2015 Posted in Copyright, Copyright Infringement

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits in four years, has become one of the most controversial copyright litigants, responsible for over 40 percent of copyright litigations during that time. … Continue Reading

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

By Tatiana Markel on October 19, 2015 Posted in Uncategorized