Tag Archives: music

Is This the Beginning of the End of Flo & Eddie’s Quest to Establish a Public Performance Right under State Copyright Law?

By Robert Welsh on Posted in Copyright
Former recording artists Flo & Eddie’s three-and-a-half-year battle against Sirius XM Radio, Inc., for recognition of a public performance right under New York law for pre-1972 sound recordings has come to an end. On Feb. 16, 2017, the Second Circuit Court of Appeal issued an order directing the district court to grant Sirius XM Radio’s … Continue Reading

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.: The New York Court of Appeals Conducts an Inquiry Into the Past and the Future of State Copyright Law

By Robert Welsh on Posted in Copyright
Sirius XM Radio received an early present for the holidays: On Dec. 20, the New York Court of Appeals issued an opinion addressing a question certified by the U.S. 2d Circuit Court of Appeals regarding whether “there is a right of public performance for creators of sound recordings under New York law and, if so, … Continue Reading

DOJ Appeals Decision Affecting Music Licensing

Photo of Lauren AttardBy Lauren Attard on Posted in Copyright
Lost in the news of the election, on Nov. 11, the Department of Justice (DOJ) filed a notice of appeal from an adverse decision issued by Judge Louis Stanton, who rejected a DOJ interpretation that licensees applauded and ASCAP, BMI, songwriters and publishers opposed. ASCAP and BMI collect and distribute payments to their members – … Continue Reading

Singers Chris Brown and The Weeknd Resolve Copyright Disputes

Photo of Tatiana MarkelBy Tatiana Markel on 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

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. on Posted in Uncategorized
Co-authored by:  Julian Darwall When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing website Grooveshark, these songs may also represent a potentially significant limitation … Continue Reading

Illegal Music Downloaders Beware

By Jessie Schweller on Posted in Uncategorized
For the second time in under a month, a court has confirmed a large statutory damages award against an illegal music downloader.  In the latest development in a six-year long dispute over illegal music downloads, the Eighth Circuit issued a unanimous decision last week and reinstated a $220,000.00 jury verdict against Ms. Jammie Thomas-Rasset.  Ms. Thomas-Rasset … Continue Reading

An Expensive Lesson: 30 Illegal Song Downloads Cost $675,000.00.

Photo of Oren J. WarshavskyBy Oren J. Warshavsky on Posted in Uncategorized
In 2005 the parents of Joel Tenenbaum, then a college student, received a notice directing them to call the Recording Industry Association of America (RIAA) to arrange payment of $5,250 for pirated music downloaded to their home computer.   The songs were downloaded by Mr. Tenenbaum.  Neither he nor his parents met the demand.  In 2007, Sony Music … Continue Reading
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