AEG files to dismiss Ozzy’s anti-trust action
Competition , Live Events / August 2018
UK
USA

COMPETITION Live events sector   The almighty spat between O2 owner and promoter AEG, artist Ozzy Osbourne and AEG’s rival Live Nation, which also includes the joint venture between manager Irving Azoff and Madison Square Gardens (MSG) has gone legal, with Ozzy accusing AEG of anti-competitive behaviour.   The case revolves around the reported requirement set by that AEG that links bookings at venues it operates in London an...

Will drones make live events safer in Illinois?
Health & Safety , Live Events / August 2018
USA

HEALTH AND SAFETY Live events sector   Illinois lawmakers have proposed an interesting new solution to the risk of a mass shooting similar to the one that happened in Las Vegas last year. The new proposal for large-scale events would allow drones to be used to  supervise events. This would include music festivals, state fairs, and concerts and  events held in arenas or stadiums.   During a Senate debate, Senator Martin Sand...

Glassnote take on Childish Gambino in royalty dispute
Contract , Music Publishing / August 2018
USA

CONTRACT Recorded music, broadcasting   US independent label Glassnote Records has brought a legal action against their former artist Childish Gambino – aka Donald Glover – in a dispute over what should happen to royalties that are earned by his recordings which are paid to the US collecting society SoundExchange. Glover released three albums with Glassnote between 2011 and 2017, before announcing earlier this year that...

Sir Cliff triumphs in privacy claim against the BBC
Privacy / August 2018
UK

PRIVACY Broadcasting   Perhaps unsurprisingly, Sir Cliff Richard has won his privacy battle with the BBC and has won a substantial damages payment from the state broadcaster.   You will probably remember that this litigation spewed from the BBC’s coverage of South Yorkshire Police’s (SYP) raid on Sir Cliff’s Berkshire home in 2014. The raid was the result of a claim against Sir Cliff for historical sexual abuse. Whilst the ...

EU Copyright Reforms Stalled
Copyright / August 2018
EU

COPYRIGHT All areas   European MEPs who voted on the Copyright Directive in Strasbourg today have failed (by a small majority) to move the legislative process forwards whereby the European Union Council, Commission and Parliament could have negotiated a final text for passage into law. The vote was close, with 278 in favour, 318 against and 31 abstentions. The outcome rejects the earlier Legal Committee decision to approve the draf...

Fender at centre of price fixing claim
Competition / July 2018
UK

COMPETITION Musical instruments and technology   The world-famous guitar maker Fender and four leading keyboard manufacturers are at the centre of a price fixing investigation after “dawn raids” were carried out at their British offices by staff from the Competition and Markets Authority (CMA). Although the companies have not been officially named, The Sunday Telegraph named the four companies as Yamaha, one of the biggest musical...

Viagogo faces criminal action from FIFA

COMPETITION / CRIMINAL Live events sector   World Cup organisers FIFA have filed a criminal complaint in Switzerland against the ticket website Viagogo as part of a crackdown on unauthorised World Cup sales, the latest in a line of legal challenges to the company’s business practices. Last week, a UK government minister urged consumers to boycott Viagogo as National Trading Standards launched an investigation into allegations th...

Pokémon Go fiasco costs festival organisers $1.575 million
Contract , Live Events / June 2018
USA

CONTRACT Live events sector   The disastrous Fyre Festival, organised by entrepreneur Billy MacFarland, is one example of what happens when technology innovators believe the myth that it’s easy to organise a successful music festival. It’s not. The festival, held in April 2017, experienced a number of serious management, administration and organisational issues and was cancelled after guests had begun to arrive in the B...

Planned EU legislation for lighting efficiency could be ‘catastrophic’ for culture

HEALTH & SAFETY Live events sector   Venues and theatres have warned that new EU legislation will see their ‘lights going out’ after new legislation is introduced which will not provide any exemption for stage lighting and will make specialist lighting subject to the same environmental rules that govern lighting sold domestic and office use. The Artistic Director of the National Theatre, Rufus Norris, has estimated...

Viola player’s claim for damaged hearing succeeds in the High Court

HEALTH & SAFETY Live events sector   Chris Goldscheider, a former Royal Opera House viola player has won a landmark High Court judgment after he suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012. The claim came from a rehearsal on the 1st September 2012, Mr Goldscheider was seated directly in front of the 18 strong brass section of the orchestra for a rehearsal in the orchestra pit a...

Country music songwriter seeks $1.3 million in premium payments from ASCAP

COPYRIGHT / CONTRACT Music publishing. Collection societies   Country music songwriter Shane McAnally is taking one of the USA’s big two collecting societies, ASCAP, to arbitration in a dispute over $1.3 million of “premium payments” that he says should have been paid for his top performing songs. Having left ASCAP for the new rights organisation, Global Music Rights, McAnally’s works were still administere...

BMI hail 100% licensing win

COPYRIGHT / COMPETITION Music publishing, collection societies   The head  of American collecting society BMI has written an opinion piece for Billboard hailing what he says is a victory in the log running 100% licensing dispute as a deadline is passed with no appeal from the Department of Justice who had fought the USA’s four  music collection societies, by BMI, ASCAP, GMR and SESAC, challenging the convention that anyone...

Rights scandal alleged to be the “biggest music rights scam in South African history”

COPYRIGHT Music publishing, collection societies   The South African Minister of Arts and Culture Nathi Mthethwa has noted “with grave concern” the article published in City Press and News 24 Online News platforms on 1st April 2018 into what is “alleged to be the biggest music rights scam in South African history involving the legendary and multi-platinum selling gospel artist Hlengiwe Mhlaba. The report goes into w...

That Jenner and the Tupac T-shirt legal dispute has been settled
Copyright , Merchandising / May 2018
USA

COPYRIGHT Merchandising   The dispute and controversy surrounding Kendall and Kylie Jenner’s line of musically themed T-shirts is drawing to a close. The Jenner line boasted a plethora of major rick star names, including Notorious BIG, KISS, Ozzy Osbourne and Tupac Shakur to name a few, but it seems the Jenner’s didn’t ask for any permissions. Indeed most of the people featured on the T-shirts were not happy at all, a...

Commodores take further action against founder member’s continued use of their name
Artists , Trade Mark / May 2018
USA

TRADE MARK Artistes   Commodores Entertainment Corp, the corporate body behind the current incarnation of The Commodores, has asked a court in Florida to consider sanctioning a founder member of the group, Thomas McClary, as part of a long-running trademark dispute citing McClary’s continued use of Commodores Trade Marks despite a court order that should prevent him from doing this. The band formed in 1968 when two other ...

Tulisa wins a massive ‘scream & shout’ pay out

COPYRIGHT Music publishing   Former N-Dubz member and X-Factor judge Tulisa Contostavlos has reportedly won a 10% share of the songwriting income from the Britney Spears and will.i.am track ‘Scream & Shout’ after a six year dispute over who should share the royalties from the hit song.   Contostavlos argued that she had collaborated on an original version of the song ( then called I Don’t Give A F**k)...

Coachella’s ‘radius clause’ is challenged
Competition , Live Events / May 2018
USA

COMPETITION Live events sector   COMPETITION: The promoters of an Oregon music festival have filed an anti-trust lawsuit against Coachella Music Festival and its organizers, alleging that Coachella’s parent company uses its market clout to unfairly restricts artists from performing at other festivals. The suit, filed in Portland’s United State District Court on Monday, was brought by Soul’d Out Productions, LLC, and names...

Wolfgang’s Vault looks buried in copyright dispute
Copyright , Media / May 2018
USA

COPYRIGHT Recorded music, film and TV   U.S. District Court Judge Edgardo Ramos has made a monumental decision in favor of members of The National Music Publishers’ Association (incl. Sony/ATV & EMI Music Publishing, Warner/Chappell, ABKCO, peermusic, Spirit Music and Imagem Music). Judge Ramos ruled that the owners of Wofgang’s  – a collection of thousands of live concert performances such as those of legendary Rock and...

Music Modernization Act moves forwards in the US
Copyright / May 2018
USA

COPYRIGHT All sectors   The U.S. House Judiciary Committee has introduced the Music Modernization Act with the goal of encouraging innovation and rewarding creativity in this increasingly digital age. Some of the antiquated law surrounding copyright in the U.S. is considerably flawed, and after years of reviewing the system under the leadership of Committee Chairman Bob Goodlatte the new legislation incorporates elements of four pr...

Viagogo faces more problems in the UK market

CONSUMER / COMPETITION Live events sector   The UK’s Competition and Markets Authority (CMA) has indicated that it will take action against Viagogo, the online secondary ticketing site. CMA announced last year that it has secondary ticketing sites in is sights. That was last year, and this week the CMA has stated that a number of secondary ticketing sites, namely StubHub, GetMeIn! and Seatwave had updated their policies to ensure...

Viagogo fined one million Euros by Italian competition regulator

CONSUMER/COMPETITION Live events sector   Viagogo has been fined one million Euros by the Italian competition (antitrust) agency, AGCM, for failling to comply with instructions issued by the agency in April 2017. At the time, Viagogo and three other resale sites were fined a collective €700,000 for failing to provide complete ticket information to consumers   According to Pollstar, AGCM found that Viagogo misled customers by not...

SABAM’s tariff hike ruled illegal
Competition , Live Events / May 2018
Belgium

COMPETITION Live events sector   SABAM’s unilateral move to raise live music concert tariffs in Belgium last year has been ruled to constitute unfair commercial practices by a Brussels court A coalition of Belgian festival and concert promoters filed a lawsuit against Sabam (Société d’Auteurs Belge/Belgische Auteurs Maatschappij), Belgium’s performance rights organisation, last May after tariffs were increased across th...

US Appellate Court majority rules that ‘Blurred Lines’ DID infringe Gaye classic
Copyright , Music Publishing / April 2018
USA

COPYRIGHT Music publishing   The US Court of Appeals for the Ninth Circuit has upheld the 2015 jury verdict which found that Robin Thicke and Pharrell Williams’ 2013 hit ‘Blurred Lines’ infringed on the copyright in Marvin Gaye’s 1977 song ‘Got To Give It Up’. The decision had attracted widespread criticism and comment, not least as many commentators felt that the jury made their decision by comp...

BMI hail 100% licensing win
Competition , Copyright / April 2018
USA

COPYRIGHT / COMPETITION Music publishing, collection societies   The head  of American collecting society BMI has written an opinion piece for Billboard hailing what he says is a victory in the log running 100% licensing dispute as a deadline is passed with no appeal from the Department of Justice who had fought the USA’s four  music collection societies, by BMI, ASCAP, GMR and SESAC, challenging the convention that anyone wis...

Country music songwriter seeks $1.3 million in premium payments from ASCAP
Contract , Copyright / April 2018
USA

COPYRIGHT / CONTRACT Music publishing, collection societies   Country music songwriter Shane McAnally is taking one of the USA’s big two collecting societies, ASCAP, to arbitration in a dispute over $1.3 million of “premium payments” that he says should have been paid for his top performing songs. Having left ASCAP for the new rights organisation, Global Music Rights, McAnally’s works were still administere...

Viola player’s claim for damaged hearing succeeds in the High Court
Health & Safety , Live Events / April 2018
UK

HEALTH & SAFETY Live events sector   Chris Goldscheider, a former Royal Opera House viola player has won a landmark High Court judgment after he suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012. The claim came from a rehearsal on the 1st September 2012, Mr Goldscheider was seated directly in front of the 18 strong brass section of the orchestra for a rehearsal in the orchestra pit a...

Miley Cyrus on receiving end of copyright infringement lawsuit
Copyright , Music Publishing / April 2018
USA

COPYRIGHT Music publishing   Miley Cyrus is facing a lawsuit from the Jamaican dancehall star Flourgon (Michael May)  which has been described in the popular press as a $300 million claim for copyright infringement which focuses on the lyrics single Cyrus’s 2013 hit single ‘We Can’t Stop’. In Flourgon’s ‘We Run Things’ the lyric reads ‘We run things, things no run we’. The similarity between the lyrics  is...

ASA clamps down on the secondary ticketing platforms
Competition , Consumers / April 2018
UK

CONSUMER / COMPETITION Live events sector   The UK’s four main secondary ticketing agencies have been banned from using certain “misleading” price strategies. The Advertising Standards Authority (ASA) said they had not been clear enough about extra fees added at the end of the booking. The four largest sites are Get Me In, Viagogo, StubHub and Seatwave. The action, comes after widespread concern from consumers,...

PPL and PRS for Music combine for joint licence
Copyright / April 2018
UK

COPYRIGHT Collection societies   PRS For Music and PPL have officially launched a new joint venture company which will provide one licence to cover all public performance rights. The new company will administer the joint licence – called TheMusicLicence which will allow users to play recorded music publicly in venues including bars, offices, gyms, fishmongers and music venues. The licence will cover users for the performi...

West wins payout in insurance battle
Contract , Live Events / April 2018
UK
USA

CONTRACT Live events sector   Rapper Kanye West has settled his battle against Lloyd’s of London, which began when insurers refused to pay out West’s claim stemming from the cancellation of several dates on his 2016 Saint Pablo tour.  The Stour ran from August to November. West performed 41 shows in 87 days before the stoppage. In all, 22 dates were cancelled. West has not ventured back on the road since those cancelled...

New UK rules introduced to protect consumers against ticket touting
Competition , Consumers / March 2018
UK

CONSUMER / COMPETITION Live events sector   The UK’s Consumer Minister Andrew Griffiths has announced the implementation of a number of new rules to regulate the online secondary ticketing marketplace, although readers of this blog will note that some of these are already law, coming into force after amendments were made to the 2015 Consumer Rights Act by MPs Sharon Hodgson and Mike Weatherley. That Act also in...

Will Australia ban secondary ticketing?
Competition , Consumers , Live Events / March 2018
Australia

CONSUMER / COMPETITION Live events sector   Following on from the introduction of tough anti-touting laws in the state of New South Wales last year, Australia’s federal government is considering a nationwide ban on the re-sale of tickets in some circumstances.   According to Australia’s Daily Telegraph, the country’s government is considering five possible options to legislate in the market for the resal...

Tennessee moves to take action on workplace sexual harassment

EQUALITY All sectors, recorded music, live, music publishing   Two legislators in Tennessee, Representative Brenda Gilmore and Senator Jeff Yarbro, have submitted a new bill addressing sexual harassment in the music business. The pair have co-authored proposed state legislation HB 1984/SB 2130, which seeks to address the fact that independent contractors in Tennessee (including many people working in the music busine...

French Minister Clarifies Statutory Provision on Copyright Contracts
Copyright , Music Publishing / March 2018
France

COPYRIGHT Sound recordings, audio-visual, music publishing     One of the striking features of French copyright law is the protection it affords to authors in their contractual dealings with would-be licensees and assignees. One of the key statutory provisions that contributes to this high level of protection is Section L.131-2 of the Intellectual Property Code (IPC), which until recently provided as follows: “Contracts ...

Swift copyright infringement allegation fails – but has one last play
Copyright , Music Publishing / March 2018
USA

COPYRIGHT Music publishing   The copyright lawsuit filed against Taylor Swift claiming the lyrics to her 2014 track ‘Shake It Off’ infringed on a 2001 hit by American girl group 3lw has been dismissed by the federal court of California. The plaintiffs, songwriters Sean Hall and Nathan Butler, of the 3lw track ‘Playas Gon’ Play’ claimed there were similarities between the lyrics that infringed their copyrigh...

44 arrested after roof top filming in Manhatten
Artists , Criminal Law / March 2018
USA

CRIMINAL LAW Artistes   Police say 44 people were arrested while filming on a Manhattan roof top on what seems to be a new video for rapper China Mac, who had appealed for members of the public to attend the shoot. It seems that Mac’s public appeal drew in a fair crowd, and eventually the police say they responded to numerous calls of disorderly conduct in the early evening 37 men and 7 women were arrested and charged with crimin...

Big win for US songwriters and publishers with rate hike
Copyright , Music Publishing / March 2018
USA

COPYRIGHT Music publishing   The streaming royalty rate for songwriters in the USA has jumped 44%. The Copyright Royalty Board has confirmed that compulsory royalty rates in the US market will rise by just under 44% for songwriters over the next five years. The National Music Publishers Association, who lobbied for the improvement, called the ruling a “huge win for music creators”.    The streaming companies w...

How should Europe remould the digital market ?
Copyright / March 2018
Australia
EU

COPYRIGHT All sectors: audio-visual, sound recordings, music publishing   An open letter, addressed to the European Parliament has asked MEPs to back an effort to reform the safe harbour laws and implement legislation to narrow the so called ‘value gap’. Not much new there? Well, the letter had two prominent signatories: the godfather of electronic music, Jean-Michel Jarre, and the Grammy Award winning Angelique Kidjo.&...

US appeals court tells ISP that safe harbor comes with obligations

COPYRIGHT Recorded music, music publishing, internet   A US appellate court has reversed a $25 million verdict against the US Internet Service Provider Cox Communications in what might be seen as a defeat for record label BMG, which had sought to hold Cox liable for copyright infringement for its subscribers who were sharing pirated files online. But looking at the judgment, and despite what looks like a set back for BMG Rights Man...

“We Shall Overcome“ is now in public domain
Copyright , Music Publishing / March 2018
USA

COPYRIGHT Music publishing   In September 2017, the lawsuit between music publishers The Richmond Organisation-Ludlow Music Inc (TRO-Ludlow) and the We Shall Overcome Foundation (WSOF) and Butler Films LLC saw US District Judge Denise Cote’s ruling that placed the first and fifth verse of the time-honoured iconic protest song We Shall Overcome firmly in the publicdomain.  A hearing was scheduled for March 2018...

US appellate court upholds fractional licensing
Copyright , Music Publishing / February 2018
USA

COPYRIGHT Music publishers, broadcasting   Songwriters and music publishers in America have welcomed an appeal court that has dismissed the Department of Justice move to introduce “100% licensing”, confirming the current system that the so called “fractional licensing” system for co-written songs with different publishers (and sometimes multiple collection societies with a ‘fraction’ of the song)...

Eminen-esque to be appealed in New Zealand
Copyright , Music Publishing / February 2018
New Zealand
USA

COPYRIGHT Recorded music, music publishing   In October 2016, New Zealand’s High Court ruled that the National Party had infringed on singer Eminem’s copyright in Lose Yourself  and awarded the rapper’s publisher NZ$600,000 (£315,000) in damages, saying that the political party’s use of a track titled ‘Eminem Esque‘ that was “sufficiently similar” to Eminem’s original song was infringem...

Music Modernization Act launched in the US
Copyright , Music Publishing / February 2018
USA

COPYRIGHT Music publishing   Two US Congressmen have launched a proposed new statute that has the support of both music owners and music users in an effort to overhaul of the mechanical royalties system in the US. Doug Collins and Hakeem Jeffries say that the Music Modernization Act would “bring music licensing its first meaningful update in almost 20 years”. With no collecting society offering a bla...

New UK anti-bot ticketing legislation
Competition , Live Events / February 2018
UK

COMPETITION / CONSUMER Live events sector   The UK Government has unveiled new legislation aimed at preventing ticket touts from using so called ‘bots’ to bulk buy tickets. The new measure will be a new criminal offence contained in the Digital Economy Act, and touts who use automated software to harvest tickets to sell on at inflated prices, in effect circumventing limits on maximum ticket purchases set by ev...

Is there a lawsuit creeping up on us?
Copyright , Music Publishing / February 2018
UK

COPYRIGHT Recorded music, music publishing   For perhaps the first time this year it appears there may, or may not, be a Blurred Lines effect case on the horizons.     Lana Del Rey recently tweeted: “it’s true about the lawsuit. Although I know my song wasn’t inspired by ‘Creep’, Radiohead feel it was and want 100% of the publishing. I offered up to 40 over the last few months but they will only a...

Kid Rock’s tour NOT the Greatest Show on Earth
Live Events , Trade Mark / February 2018
USA

TRADE MARK Live events sector   Feld Entertainment, the owner of circus company Ringling Bros, has forced Kid Rock and promoter Live Nation to change the name of a tour. It’s all over an alleged trademark infringement with the Kid Rock tour due to start on the 19th January and billed as the Greatest Show on Earth tour. Feld claims the tour, dilutes and infringes on its “famous trademark”, ‘The Greatest Sh...

UK adopts ‘against of change’ to protect music venues
Live Events / February 2018
UK

PLANNING Live events sector   On the back of a private members bill which almost certainly failed to have reached the statute books, the UK government has agreed is to write the “agent-of-change” principle into planning law, in an announcement welcomed as a “seismic victory” for music venues by UK Music chief executuve Michael Dugher. Its a major triumph for the live sector and Secretary of State for Communitie...

Sir Paul backs the ‘agent of change’ law
Licensing , Live Events / February 2018
UK

PLANNING / LICENSING Live events sector   Artists and music industry leaders joined politicians in Westminster to support the ‘agent of change’ principle as John Spellar MP presented his bill to Parliament in a legislative move which if successful would change UK planning law so that property developers putting new residential buildings close to existing music venues would be responsible for identifying and resolving an...

Live Nation settles damaging ‘Songkick’ litigation
Competition , Live Events / February 2018
USA

COMPETITION Live events sector   Live Nation has announced that it had come to a settlement agreement with Complete Entertainment Resources Group, Inc in the ‘Songkick’ saga.  The Songkick owners have accepted a settlement  before the case was due in court on the 24th of this month in what had looked like a fascinating case, and a ‘warts and all’ exploration of the live giant’s business ...

YouTube adopts ISNI to help allocate payments
Copyright , Internet , Music Publishing / February 2018
EU
UK
USA

COPYRIGHT Internet, recorded music, music publishing   YouTube is to begin issuing International Standard Name Identifier  (ISNI) numbers to creators. The platform has become a registration agency which means it will now start requesting and issuing ISNI codes from and to any creators who publish content, including musicians and songwriters in a move which should help with attribution and royalty payments. ISNI ...