The copyright industry tightens the screws on illegal peer-2-peer file swappers, swapping sites and software that facilitates file swapping
Australia
China
Hong Kong
South Korea
Taiwan
UK
USA

COPYRIGHT Record labels, music publishers, internet Following on from the success of the MGM v Grokster case in the USA (Law Updates August2005) and other successes against peer-2-peer websites offering illegal download files (including cases in Australia, Korea and Taiwan) there have been a rash of recent news stories reinforcing the improving position of record labels, music publishers and film companies – although all still against a background of heavy piracy in illegal downloading and file swapping. iMesh has becomes the first of the ‘illegal’ P2P service to go legal (although UK based playlouder.com already offered a legal swapping service to its subscribers). iMesh’s new software blocks any music with a copyright from being downloaded. The service will charge using the subscription model, charging users $6.95 per month. However the real challenge will be to tempt the 5 million users of the old version that allowed free sharing to pay. In the week preceding the announcement the old version of the software was downloaded over 1.5 million times. In Hong Kong a magistrates court has convicted a man of attempting to distribute film content over the BitTorrent P2P network. Chan Nai-ming, from Hong Kong, received a three (3) month jail sentence after being…

The Royal Society of Arts launches Adelphi Charter
Copyright , Patents , Trade Mark / December 2005
UK

COPYRIGHT, TRADE MARKS, PATENTS All areas The UK-based Royal Society for Arts (Royal Society for the Encouragement of Arts Manufacture, and Commerce – the RSA) has released their Adelphi Charter which outlines how the international community could and should change domestic and international intellectual property laws to better serve the public interest.  In particular, the Adelphi Charter calls for a better balance between rights protection and the public domain, since the RSA suggests that the current schemes overly favour the protection of rights.  The Charter lays out a “public interest” test that governments should have to meet before creating or extending intellectual property rights.  The proposed test includes a presumption against creating new areas of intellectual property protection, extending existing privileges or extending the duration of rights, unless those seeking the change can establish though rigorous analysis and proof that the change will promote basic rights and economic well-being.  The Charter also calls for extensive public consultation regarding changes to intellectual property laws.  The charter recognises that creative effort should be rewarded but at the same time states that the laws breadth, scope and term over the last 30 years has resulted in a modern intellectual property regime which is radically out…

Google’s ambitious plan to ‘publish’ all of the world’s books looks set to stir up the doctrines of ‘fair use’ and ‘fair dealing’
Copyright , Internet / December 2005
USA

COPYRIGHT Internet, publishing Google Inc (Google) has embarked on an ambitious program to collect as much as possible of the world’s book knowledge and make it full-text searchable via the Internet.  This program, called the Google Print program, has two components. First, Google has worked with book publishers to make their titles searchable and easy to purchase online.  Second, Google has taken to scanning, digitizing and making searchable parts or all of the collections of five major universities: Stanford University, Harvard University, Oxford University, the University of Michigan and The New York Public Library, including copyright-protected books from those collections.  It is this second component that has drawn copyright holders’ ire and thus far spawned two lawsuits. Although Google has placed the onus on copyright holders to opt out of the program or face having their works scanned, for protected works it will only make available snippets of text surrounding the keywords searched.  This, Google claims, is “fair use” under the USCopyright Act, and no different than indexing web pages to make them accessible via search engines. On September 20, the Author’s Guild and a number of individual authors filed a class action suit against Google.  On October 19, the…

Canada introduces new copyright legislation
Canada

COPYRIGHT Internet, record labels, music publishing, artists, television, radio ARTICLE: By Tony Turco and Alex Matheson, Blake, Cassels & Graydon LLP Synopsis: On June 20, 2005, the Canadian Government introduced a bill which proposes significant amendments to the Copyright Act (Bill C-60) and represents the next step in Canada’s ongoing copyright reform. The amendments focus primarily on the challenges that the Internet and digital technologies pose for copyright law. This article was originally published in Blakes Bulletin on Intellectual Property, October 2005. LINK tohttp://www.mondaq.com/article.asp?articleid=35794&email_access=on

Massive piracy operation in Spain brings results
Copyright , Record Labels / December 2005
Spain

COPYRIGHT Record labels Police in Spain have smashed a syndicate believed to be responsible for releasing over one million pirate music and film discs every month into the Spanish market.  In what is the largest operation against music and film piracy ever undertaken in Spain, police arrested 69 individuals on October 26 th all allegedly involved in the illegal production, storage and retail distribution of music and film discs. All of the arrested persons were Chinese nationals. Over 60,000 recorded CD-Rs, almost 50,000 DVD-Rs and over 130,000 inlay cards, as well as over 200 CD drives and four industrial colour copying machines.  Thousands of Euros in cash and 21 counterfeit identity cards – including four stolen passports – were also found in the searches. The group was believed to have been producing over one million CD-Rs and DVD-Rs every month.  The music included both local Spanish artists and well-known international titles.  Some of the films had not yet been legally distributed. On October 27 th as a result of follow-up enquiries, Spanish police raided more premises in the suburbs of Madrid resulting in six more arrests, the seizure of another 50 CD drives and 150,000 discs. Spain , which has one…

Hong Kong – are slogans registerable as trade marks?
Artists , Internet , Trade Mark / December 2005
Hong Kong

TRADE MARK Merchandising, artists, internet ARTICLE:  This useful article looks at decisions in Hong Kong where the registrar of trade marks has confirmed that the same test of distinctiveness applies to slogans and other types of mark. The test of distinctiveness is laid down in British Sugar plc v James Robertson & Sons Ltd [1996] PRC 281 and elaborated in Nestle SA’s Trademark Application (Have a Break) [2004] FSR 2. Pursuant to British Sugar the question is whether a mark can be regarded as distinguishing, without first telling the public that it is a trademark. Nestle’s Have a Break adds that the distinctiveness must identify a product as originating from a particular undertaking. Reference to the goods for which registration is sought and the expectations of reasonably well-informed and circumspect consumers are factors to be considered. In Hong Kong noneof ‘Im lovin it’, ‘Your world is myworld’, ‘The Game Des!gners Studio’ and ‘Life made easier’ passed these tests (although the McDonalds slogan, I’m lovin it has been registered in Australia and New Zealand). LINK to http://www.mondaq.com/article.asp?articleid=35698&email_access=on

Beatles claim Apple mark continues to infringe
Internet , Record Labels , Trade Mark / December 2005
UK

TRADE MARK Record labels, internet John Lennon’s solo material will be made available for digital downloading before this Christmas – on almost every platform (like HMV and Virgin) save Apple’s iTunes. The Beatle’s Apple Corp remain locked in a trademark battle with the computer company over use of the name ‘Apple’. The band reached an agreement in 1981 with Apple Computers over the use of the trademark – which they claim has been breached by Apple branching out into the music download market – and therefor the music business itself. It is understood that in 1981 the computer company agreed that it would not use the mark in the music business The Times 9 th November 2005

A diary of the Sony-BMG ‘rootkit’ fiasco – how not to introduce Digital Rights Management
Copyright , Internet , Record Labels / December 2005
UK

COPYRIGHT Record labels, internet, technology In early November it became apparent that SonyBMG had launched a new form of copy restriction software embedded into CDs which restricted the purchaser’s end use of the tracks – in effect an anti-piracy measure – or digital rights management system (DRM). So far so good. Except the software sparked of huge protests and it all went horribly wrong for SonyBMG. After the software was discovered the Electronic Frontiers Foundation suggested that the software XCP2 was created ‘drawing from the playbook of spyware companies and virus-writers’. The EFF went on to say that by using a programme called a rootkit a Sony BMG music CD will now “infect [the] user’s computer with a new programme which will be buried within the operating system”. The program will monitor user’s computer activity to prevent piracy by users – for example by making extra copies of their music CDs. There is no “uninstall” feature on this programme (EFF EFFector Vol 18 No 38 4 th November 2005). A couple of days later the EFF said that ‘outrage from computer users and music fans’ has sparked Sony BMG into offering a new programme on its website that will show users…

Beach Boys litigation resumes as Love takes on Wilson
Artists , Trade Mark / December 2005
USA

TRADEMARK Artists Beach Boy Mike Love has filed a law suit against cousin and former Beach Boy Brian Wilson over the latter’s release of the concept album Smile which Wilson released in 2004 and a free CD giveway. The suit alleges the misappropriation of Love’s songs, likeness and the Beach Boys trademark. Smile was first recorded in 1967 but was disowned by Love and the album was, in effect, a Wilson solo project. However album was never completed and Wilson suffered a breakdown and withdrew from public life. Wilson was the Beach Boys main songwriter and although most tracks on Smile are written by Wilson and lyricist Van Dyke Parks, Love co-wrote the classic ‘Good Vibrations’ and maintains a share of the copyright in this. The trade mark issue relates to the band’s name: The remaining band members continued to perform after Wilson’s departure although both Dennis Wilson and Carl Wilson have now died (in 1983 and 1998 respectively). Love has continued to perform as the Beach Boys and has a licence to do so granted by Brother Records Inc which owns the Beach Boys Trademark. Brother itself is equally owned by four original members, Brian Wilson, Alan Jardine, Mike Love and…

Canadian broadcasters to challenge new payments for songwriters and musicians
Artists , Copyright / December 2005
Canada

COPYRIGHT Broadcasting, artists A group of Canada’s largest broadcasters is looking to take legal action against the Copyright Board over the issue of royalty payments after new payment structures mean radio stations will have to increase their royalty payments to songwriters and musicians, in some cases, by as much as 30 per cent. These are the first changes for 25 years. Corus Entertainment, which owns radio stations right across the country, says this ruling will cost the network millions of dollars a year and it could lead to layoffs. Corus is joining CHUM and other networks in the fight. They’re asking for a judicial review of the ruling by the Copyright Board of Canada that radio broadcasters that earn more than $1.25 million will be paying a higher rate of 4.4 per cent of their revenues to SOCAN and 2.1 per cent of their revenues to NRCC. The old rate was 3.2 per cent to SOCAN and 1.44 per cent to NRCC (SOCAN is the Society of Composers, Authors and Music Publishers of Canada and NRCC is the Neighbouring Rights Collective of Canada).http://www.cbc.ca/story/arts/national/2005/11/07/Arts/radio_051107.html

Canadian nightclub’s scanning of ID found to violate Alberta’s privacy legislation
Health & Safety , Live Events , Privacy / December 2005
Canada

HEALTH & SAFETY, PRIVACY Live Music The Alberta Privacy Commissioner has found that the scanning of patrons’ identification at the door of a nightclub violates the province’s Personal InformationProtection Act (PIPA). The report concluded that purposes for which the personal information was collected were not reasonable, contrary to section 11 of PIPA. The widespread practice of photo-scanning ID in nightclubs was apparently intended to deter violent or criminal behaviour.  However, the Commissioner found that Penny Lane Entertainment, the owner of the nightclub, failed to demonstrate that the collection of this type of personal information would in fact address this issue. The complaint was filed by the author of this summary, Deeth Williams Wall summer student Nyall Engfield. The decision calls for Penny Lane Entertainment to purge the data that has been collected and cease the practice.  Such a decision is not binding, but if Penny Lane Entertainment does not comply with the finding, then an inquiry that could result in a binding order will be launched. Also see: http://makeashorterlink.com/?Y3C62502C. From a Summary by Nyall Engfield in E-TIPS, a publication of Deeth Williams Wall LLC. E-Tips is edited by Richard Potter QC . To review past issues of the E-TIPS ® newsletter, visit: http://www.dww.com/newsletter/archive.html

IFPI say new law ‘threatens anti-piracy activity in Italy
Copyright , Criminal Law , Record Labels / December 2005
Italy

COPYRIGHT / CRIMINAL Record labels In a somewhat short sighted and self absorbed press release (11 th November) The International Federation of Phonographic Industries (IFPI) has warned that a new Italian law passed on the 9 th of November ‘threatens music anti-piracy activity in Italy’. The IFPI called on the Italian Senate to reject the law when it comes up for final approval next week. The new bill of law, known as the Ex-Cirielli Law, could end three quarters of all pending criminal anti-piracy trials before they have the chance to be taken to court. This is because the Italian legislature are trying to reduce the time it takes for criminal actions to reach trial in Italy. Many readers (in the UK for example) would be astounded to know that cases can take up to nine (9) years to get to trial in Italy. The bill, approved by the Italian Lower Chamber, will shorten the period after which criminal cases pending trial are automatically dismissed to six years. Unfortunately the change, from seven and a half to six years will affect the majority of all pending criminal cases brought by the music industry. Of 471 cases pending in 2004, 382…

VPL collections top £8.7 million
Copyright , Record Labels / December 2005
UK

COPYRIGHT Record labels Video Performance Ltd (VPL) reports that licence fee income for broadcast and public performance of music videos in the UK is up 9.5% to £8.7M. Broadcast income was £7M and public performance income was over £1M. This covers the financial year ending December 2004. VPL is the collecting society set up by the UK record industry in 1984 to grant licences to users of music videos such as TV broadcasters, television programme makers and video jukebox system suppliers. It is a sister association to Phonographic Performance Limited (PPL) which collectively licences the use of sound recordings. Whoever owns the rights in a music video can become a member – membership is free. VPL currently has approximately 900 members – from the major record companies to the smallest independents – and 50,000 music videos registered with us. The commercial licensing arms of VPL is known as Music Mall. http://www.musicmall.co.uk/vpl/mm_design.nsf/splash?openpage

Monstermob’s mobile services prompt fresh complaints
Competition , Internet / December 2005
UK

COMPETITION Telecomms, technology, internet Mobile giant monstermob is facing a fresh investigation from UK from telephone watchdog Icstis over claims that the company has sent out unsolicited ‘reverse bill chargeable texts’ to users. In effect the user pays for the text at premium rate even if they haven’t asked for the text. Here entrants to a ‘free’ competition are said to have received texts which they had to pay for. Ictis can impose fines on service operators or bar services from operating. Monstermob had previously been investigated by Icstis for a subscription text service which provided ineffective ‘stop codes’. Monstermob were warned but no other action was taken. The Advertising Standards Authority had prevously upheld a number of complaints against ringtone provider Jamster, the firm behind the ‘Crazy Frog’, ‘Sweetie the Chick’ and ‘Nessie The Dragon’ downloads. The ASA noted that Jamster’s style of advertising particularly appealed to children and young people and the adverts for these Jamster downloads did not make it clear that the service was a subscription service. Many young people who complained (often after parents had to foot large bills) thought that the purchase of a single download was a ‘one off’ transaction. Jamster failed in…

IFPI announce new wave of law suits against individual peer-2-peer file swappers
Artists , Copyright / December 2005
EU

COPYRIGHT Artists The IFPI has unveiled the biggest escalation yet in its campaign against illegal internet file-sharing, announcing over 2,100 new legal cases against individuals and extending the actions to five new countries in Europe, Asia and – for the first time – South America. File-sharers in Sweden, Switzerland, Argentina, Hong Kong and Singapore are for the first time at risk of criminal penalties and payment of damages in an international campaign that has already seen thousands of people – the majority of them young men between the ages of 20 and 30 – pay sums of US$3,000 or more for uploading copyrighted music on peer-to-peer networks (p2p). This latest wave of cases, covering actions launched today or brought in recent months, takes the total number of legal actions against uploaders to over 3,800 in 16 countries outside the US.  This is the fourth wave since the international campaign began in March 2004, and it targets users of all the major unauthorised p2p networks, including FastTrack (Kazaa), Gnutella (BearShare), eDonkey, DirectConnect, BitTorrent, WinMX, and SoulSeek. The move comes just one week after the landmark settlement between the p2p service Grokster and the US music industry. It also follows a series…

BPI and MCPS-PRS Alliance dispute will go to the Copyright Tribunal
UK

COPYRIGHT Music publishers, record labels The Copyright Tribunal held a ‘Directions Hearing’ on 9 November which gave the MCPS-PRS Alliance until 2nd December to respond to the BPI-led reference of its Joint Online Licence (JOL). This will set the rate (share / percentage) at which composers are paid for the online sale of their compositions. This was the date originally proposed by the Alliance and the one which the Alliance say their legal teams have been working towards. At the same Hearing, the 3rd October 2006 was set as the earliest date for the full Tribunal Hearing to begin. The Tribunal process freezes the 2005 JOL scheme until either the Tribunal makes a decision or until agreement between the parties is reached. In practice this means the 2005 JOL remains in place for 2006 and until further notice. eM Magazine issue 22 http://www.mcps-prs-alliance.co.uk/apps/eZine/eM22.htm Copyright Tribunal http://www.mcps-prs-alliance.co.uk/link/main.asp?pid=4577&sid=834

New licensing schemes in UK
Copyright , Music Publishing / December 2005
UK

COPYRIGHT Music Publishing Karaoke disks licensing has been standardised with all other published dealer price percentage rates for MCPS physical product licensing. The new version of the licensing scheme (to be published imminently) amends the 8p/9p per track per product (for still and moving visuals respectively) to 12% of Published Dealer Price. MCPS believes this move will also stimulate the market by offering a more flexible licensing approach for the benefit of both members and licensees. The MCPS has also introduced a licensing scheme for Universal Media Discs (UMD) used with the latest Sony Portable Playstation (PSP). For audio-only music products, UMD can be licensed under the AP1 (Audio Products) and AP2 schemes (when containing purely audio-only content). The intention is to include audio-visual music UMD product under the DVD1 scheme and discussions with the BPI are being held to this end. Audio-visual non-music UMD products will be included under the new AVP scheme recently agreed with the British Video Association. http://www.mcps-prs-alliance.co.uk/apps/eZine/eM22.htm

Belgium courts look at plagiarism
Copyright , Music Publishing / December 2005
Belgium

COPYRIGHT Music publishers Salvatore Acquaviva has won a copyright case in Belgium against Madonna. The court upheld his claim that Madonna’s ‘Frozen’ plagarised one of his songs. The BBC report that EMI, Sony and Warner Music have been ordered to withdraw the song from sale in Belgium. Mr Acquaviva’s lawyer Victor-Vincent Dehin said the judge agreed that Madonna’s single used four bars of the song Ma Vie Fout L’camp, which roughly translates as My Life’s Getting Nowhere. In a separate matter Belgium RadioLijn5.com has reported that Belgium’s Court of Appeal is considering a claim regarding Michael Jackson’s hit song “You Are Not Alone”. The claim in the case of Van Pasel v R Kellyand Zomba (2005) is based on the finding of the Belgian collection and rights society that the largest part of the melody of the 1995 song “You Are Not Alone” that R Kelly presented to Michael Jackson is “identical” to the 1993 song “If We Can Start All Over” composed by Belgian brothers Eddy &Danny Van Passel. www.lijn5.com http://news.bbc.co.uk/1/hi/entertainment/music/4449580.stm

Image Rights: new article
Artists , Image Rights , Trade Mark / December 2005
UK

TRADE MARK Artists This is a link to the article Intellectual Property; Protecting image as trade mark by Dr Peter Groves, Solicitor. Bircham Dyson Bell “ There are no image rights in English law, unlike the position in several other countries.  However well-known a person might be, their image is not something that attracts protection of itself.  They cannot stop photographs being taken, or even published. But the law has come to their assistance in small ways, such as the recognition by the courts that falsely claiming the endorsement of a celebrity may amount to passing-off (Edmund Irvine v TalksportLtd[2002] EWHC 367).  Copyright, libel, malicious falsehood and the Trade Descriptions Act 1968 may also be useful. In addition, the Trade Marks Act 1994 tells us that among the various things that can be registered as trade marks are personal names ….. “ http://www.spr-consilio.com/art11.htm Also see Law Updates November 2005 Trademark – Manchester United’s manager fails to protect his own name on posters

Conflicting terms resolved in favour of ‘essential term’
Copyright , Music Publishing / December 2005
UK

COPYRIGHT Music publishing ARTICLE: Conflicting terms resolved in favour of ‘essential term’ Mark Taylor v Rive Droite Music Limited By Tom Frederikse, solicitor, Clintons The court of Appeal have ruled that a song can only be declared finished by a writer and not by a music publisher: Music publisher, Rive Droit Music (RDM) has (mostly) lost its appeal in a dispute with a songwriter, Mark Taylor, which involved fundamental issues of contract and copyright law. In Mark Taylor v Rive Droite Music Limited (published 4 November 2005), Mr Taylor had made 5 separate claims, including that his publishing contract had a 2-year term despite setting out provisions for 3 years’ advances, and that certain unfinished works were not “Compositions” and therefore not subject to the agreement. After a string of hits, Mr Taylor signed a third successive publishing contract with RDM in 1998 which contained a clause stating that the agreement was for a Term of two years (subject, as usual, to the ‘Minimum Commitment’ of 10 Compositions per year). The advance payments clause, however, clearly set out advances payable to the composer for each of three 12-month periods and RDM therefore assumed that it could trigger a third year…

US Senator introduces bill against US ‘payola’ as Warners settle with Spitzer
Competition , Record Labels / December 2005
USA

COMPETITION Radio, record labels Senator Russ Fiengold (Democrat, Wisconsin) has introduced legislation that seeks to close the loopholes on payola-like practices and stop alleged “muscling” practices by broadcast-venue owner companies from forcing performers to play for reduced fees or for free. Senator Feingold has crafted his Radio and Concert Disclosure and Competition Act of 2005 after studying the New York Attorney General Eliot Spitzer’s $10 million settlement in July with Sony BMG Music Entertainment, and realizing there is a need to help artists and also regulate such practices on the radio side to prevent abuse of a dominant position by large conglomerates who control venues as well as radio stations and other media. In The US, Warner Music Group has become the second major label company to settle with New York attorney general Eliot Spitzer’s office in its ongoing payola investigation. WMG is paying out $5 million – which will be donated to nonprofit organisations – and a further $50,000 to cover the cost of the enquiry. Spitzer accused the label of dishing out iPods, $800 gift cards and cash bribes of up to $20,000 to DJs and radio stations. In July, Sony BMG was the first record company to reach settlement,…

Leeds Coroner records a verdict of accidental death in stage dive tragedy
Artists , Health & Safety , Live Events / December 2005
UK

HEALTH AND SAFETY Artists, Live Concert industry The Leeds Coroner, David Hinchcliffe, has recorded a verdict of accidental death after the inquest into the death of Patrick Sherry, 29, frontman of Bad Beat Revue and a married father-of-two. Sherry jumped up to grab a lighting rig during a gig at the Warehouse in Leeds but fell head-first on to the venue’s solid wood floor on the 20th July 2005. His older brother Brendan, 33, who is also in the band, saw the accident. A witness said: “He put the microphone down and crouched before leaping off the stage, which was about a metre high, and trying to grab the rig. I don’t know whether he caught it or not, but his momentum carried him forward. He went upside down and hit the floor head-first. The whole thing lasted about five seconds. It was horrendous.” Patrick, of Silsden, West Yorks, was taken to Leeds General Infirmary where he died the following morning of head injuries http://www.mirror.co.uk/news/tm_objectid=15775794&method=full&siteid=94762&headline=rock-singer-is-killed-in-stage-diving-stunt–name_page.html http://www.yorkshiretoday.co.uk/ViewArticle2.aspx?SectionID=55&ArticleID=1094715

EFF rings alarm bells about new industry led copyright bills in the US
Copyright , Internet / December 2005
USA

COPYRIGHT Television, radio, internet The Electronic Frontiers Foundation (in EFFector Volume 18 No 38, 4 th November 2005) reports that the MPAA and RIAA has presented their plans for the future of digital technology to the House Subcommittee on the Courts, the Internet and Intellectual Property. They gave the House drafts of three bills they would like passed: the Analog Content Protection Act, the HD Radio Content Protection Act, and the Broadcast Flag Authorization Act. l. EFF Analysis: Halloween on the Hill http://www.eff.org/deeplinks/archives/004106.php#004106 The MPAA’s Analog Bill: http://www.eff.org/IP/Video/analog_hole_discussion_draft.pdf The RIAA’s HD Radio Bill: http://action.eff.org/site/DocServer/Analog_Hole_Discussion_Draft.pdf?docID=281 The Broadcast Flag Bill: http://action.eff.org/site/DocServer/Broadcast_Flag_Discussion_Draft.pdf?docID=321

Australian courts order Kazaa to filter out copyright works
Copyright , Internet , Record Labels / December 2005
Australia

COPYRIGHT Record labels, internet The Australian Federal Court has issued a order forcing Kazaa to filter copyrighted music from its system within ten days or cease its operation. Under the new order, Kazaa has been told to put in place filters that will stop the swapping of a large number of copyrighted songs, ranging from Madonna and the Beatles to more niche and local artists, by a deadline of 5 December.  The final warning comes two months after Kazaa, until recently the world’s biggest internet peer-2-peer file swapping sitre, was ruled in breach of copyright by the Federal Court of Australia. Kazaa’s operators, Sharman Networks, had previously appealed the September judgment. But the judge in Sydney, Justice Murray Wilcox, said that to avoid complete shutdown, Kazaa must now, as a first step, put in place the new keyword filter system by December 5th. The court order comes within weeks of judgments against unauthorised peer-to-peer services in the US, Australia, Korea and Taiwan. The new filter, involving 3000 keyword to be selected by record companies, will apply to all new versions of the Kazaa software from 5 December 2005.  The filter can be updated if necessary on a fortnightly basis to…

Intellectual property theft mooted as pan-European crime
EU

COPYRIGHT Record labels, music publishers, internet, film, broadcasting Intellectual property theft has been advanced as one of the new offences under a proposed pan-European body of criminal offences. The European Commission has insisted that seven core crimes (including counterfeiting the Euro, money laundering, people-trafficking, marine pollution, private sector corruption, credit card and cheque fraud and computer hacking and virus attacks) must become law. IP theft is a ‘proposed’ offence which could become part of the pan-European system some time in the future. The new proposals are not without criticism as many member states (including the UK, Holland and Italy) oppose any involvement of the EU in criminal matters which are seen as domestic issues and pan European legislation is see as a challenge to parliamentary sovereignty an power grabbing by Brussels.The Times 24 November 2005 http://www.timesonline.co.uk/article/0,,2-1779849,00.html

National Consumer Council asks for fair play in EC copyright legislation
Copyright , Internet , Record Labels / November 2005
EU

COPYRIGHT Record Labels, Internet The National Consumer Council (NCC) has warned that ‘heavy-handed’ European Commission plans to enforce intellectual property rights on music and other creative content overstep the mark. Consumers, says the NCC, are being treated like organised criminal gangs (who, they accept, should be pursued). Consumers already face the prospect of legal action for sharing music files. The NCC report that in the UK sixty internet users have settled legal claims against them by the British Phonographic Industry, each paying up to £6,500 in compensation. The NCC has lobbied that any new laws must strike a balance between right holders’ interests in getting a fair return and the public and consumer interests of fair access and use, and the encouragement of innovation. NCC is concerned that new European IP laws are being planned before there has been a chance to assess the impact of the existing law. The existing (2004) Directive on the Enforcement of Intellectual Property Rights is barely a year old and is not yet implemented in the UK. See: http://www.broadcastbuyer.tv/publish/article_5962.shtml and http://www.ncc.org.uk and see the BPI’s (somewhat predictable) response at : http://www.mi2n.com/press.php3?press_nb=83860 Also see also the blog by David Berlind looking at the problems and unfairness of DRM software…

Privacy v Piracy
Copyright , Internet , Privacy , Record Labels / November 2005
UK
USA

COPYRIGHT/PRIVACY Record Labels, Internet ARTICLE: by Mark Watts & Myles Jelf of Bristows, Solicitors An interesting article on www.mondaq.com which investigates some of the concerns online users have where their basic privacy rights are being eroded away by the state, software companies and internet service providers amongst others but in the context of rampant software and music piracy: “the distribution of intellectual property content such as books, films, and music is increasingly electronic and new technology, such as Digital Rights Management (DRM), is becoming more popular amongst copyright owners, enabling the monitoring of private ‘consumption’ of their content. Also, the possibility of significant IP infringing acts taking place at home is increasing, through the popularity of Peer-to-Peer (P2P) file-sharing networks. Now, more than ever before, both sets of rights need to be considered together. Are they heading for a collision?” Please read this article online : http://www.mondaq.com/article.asp?articleid=35006&email_access=on See also the EFF articles on the ‘warden’ software which can read all of a user’s computer files (including every process on a gamer’s computer, any URLS open and his and his/her email address books) to ‘prevent cheating’ by users of the hugely popular online game World of Warcraft (all gamers who sign up must allow…

EFF criticises plan for restrictive new cell technology
Copyright , Internet , Privacy / November 2005
USA

COPYRIGHT/PRIVACY Telecoms, Internet Having just returned from the In The City Conference, the importance of mobile cell phones in the music and entertainment industries as well as the IT and telecoms industries cannot be underestimated. This is why they will now become the new ‘battleground’ between companies seeking to achieve dominance in the new market and also between consumers who wish to have choice and retain privacy and companies who wish to maximise commercial growth and ‘lock in’ customers to preferred applications, software and pricing plans. The Electronic Frontiers Foundation has criticized a plan for restrictive new cell technology put forward by the Trusted Computing Group (TCG), an industry consortium developing controversial computer security specifications. TCG has released a wish list of applications of TCG technology to cell phone security. Unfortunately the EFF says, much of this “security” aims to help cell phone carriers cement their control over their customers …TCG is proudly offering to help cell phone carriers lock down your phone,” said EFF Staff Technologist Seth Schoen. “The proposals described today aim to help your cell phone company decide who can publish software or media for your phone, whether you can load your own documents, and even whether…

EFF warns against new digital television restrictions
Copyright , Record Labels / November 2005
USA

COPYRIGHT Record Labels The Electronic Frontiers Foundation has filed comments with the Department of Culture, Media, and Sport (DCMS) in the British House of Commons about plans for digital television broadcasting in Europe. In the comments, EFF expressed concern that switching off analog broadcasts could result in new digital television standards that unduly restrict the public and manufacturers. The Digital Video Broadcasting Project (DVB) – a group that creates standards for digital television in Europe, Australia, and much of Asia – has proposed a complex system for restricting digital broadcast programming after reception, analogous to the disastrous broadcast flag proposal in the United States. This system, called “Content Protection Copy Management” (CPCM), has been under discussion since 2003. The CPCM restrictions include an “authorized domain” governing the number of devices that can use content and a myriad of broadcast flags that will restrict usage, recording, and storage. They also specify compliance rules for all manufacturers. As with the US broadcast flag proposal, these compliance rules would result in a ban on the use of free and open source software in connection with digital TV reception and usage. “The DVB broadcast flag is much more sweeping than the one they tried…

Australian High Court rules that modifying chip is not illegal Stevens v Sony
Copyright , Internet / November 2005
Australia

COPYRIGHT Games, Technology, Television, Radio, Internet ARTICLE: by Campbell Thompson and Genevieve Wilkinson of Freehills  In a set-back for copyright owners, the High Court of Australia (6th October) has ruled that the sale of ‘mod chips’ by Mr Stevens for use with Australian Playstation consoles did not breach the anti-circumvention provisions of the Act even though it meant that Mr Stevens could now play games brought abroad – genuine games albeit purchased perhaps more cheaply than domestic games. Link at : http://www.mondaq.com/article.asp?articleid=35482&email_access=on

Canadian Courts give out mixed messages as the Ontario Court of Appeal
Defamation , Internet / November 2005
Canada

DEFAMATION TV and Radio, Internet, Newspapers Jurisdiction issues: Overturns Jurisdiction Decision in Washington Post Case but BC Court finds it has jurisdiction in an action against New York Post Taken from a summary by Michael Erdle in E-Tips: E-Tips is a publication of Deeth Williams Wall and edited by Richard Potter QC. The Ontario Court of Appeal has overturned a controversial lower court decision which had held that it did have jurisdiction in a lawsuit against the Washington Post brought by a United Nations official. The appellate court held that the claimant had no substantial connection with Ontario – so the court had no jurisdiction. The Washington Post published articles in January 1997 about a, Cheickh Bangoura who was employed by the United Nations in Africa. The articles related to Mr Bangoura’s conduct in a prior posting with the United Nations. Bangoura moved to Ontario some time before the action was commenced, more than six years after the publication of the articles. There were only seven subscribers to the Washington Post in Ontario when the articles were published. Although the articles were available through the newspaper’s online archive, there was no evidence that anyone in Ontario other than Bangoura’s lawyer had accessed them. The trial…

Is a new Universal Data Protection Law possible?
Internet , Privacy / November 2005
Switzerland

PRIVACY Internet Earlier this month, Privacy Commissioners from forty countries met in Switzerland for the 27th International Conference of Data Protection and Privacy Commissioners (ICDPPC). The Commissioners adopted a declaration in which they agreed to collaborate with governments and international organizations for the development of a universal convention for the protection of personal data. The various universal data protective principles the Commissioners agreed to promote are set out in the declaration and in its written declaration, the ICDPPC appealed to the United Nations to prepare a legal binding instrument identifying the rights of data protection and privacy as enforceable human rights. To review a copy of the two resolutions and declaration, see: http://makeashorterlink.com/?N20741FDB http://makeashorterlink.com/?O61725FDB http://makeashorterlink.com/?W23712FDB From a summary by Lenni Carreiro in E-Tips: E-Tips is a publication of Deeth Williams Wall and edited by Richard Potter QC. To review past issues of the E-TIPS® newsletter, visit:http://www.dww.com/newsletter/archive.html

IFPI say that booming global online demand offsets a small decline in CD sales
Copyright , Internet , Record Labels / November 2005
EU
UK
USA

COPYRIGHT Record Labels, Internet, Telecomms The IFPI have released figures showing that booming demand for music on the internet and mobile phones nearly offset the decline in physical formats as recorded music sales fell 1.9% to a retail value of $US 13.2 billion in the first half of 2005, compared to $US 13.4 billion in the same period of 2004. The IFPI has estimated the retail value of the digital music market in order to be consistent with its reporting of physical sales, and to allow year-on-year comparisons. On that basis, digital music sales in the period amounted to approximately $US 790 million, up from $US 220 million in the first half of 2004. This is the equivalent of 6% of total record industry sales, almost triple what it was. On a trade basis, excluding the retail margin, digital sales in the first half of 2005 totalled $US 440 million. This includes sales from a-la-carte download stores, music subscription stores and from mobile music services such as downloads and ‘ringtunes’. The figure does not include revenues from monophonic and polyphonic ringtones. The surge in digital music sales is being driven by the growing uptake of broadband, increasing penetration of 3G…

Israel clamps down on P2P sites
Copyright , Internet , Record Labels / November 2005
Israel

COPYRIGHT Record Labels, Internet Israel’s rampant culture of internet copyright infringement is the bane of global trade bodies but Israel has now clamped down on file swappers. Israel has been a haven for early adapters of modern technology and has one of the highest internet use rates in the world – but has little in the way of legal controls againt online piracy and peer-2-peer file swapping. But now the Haifa District Court has ruled against music file-sharing websites including Shift, Lala, Lionetwork, and Subcenter. The lawsuit was filed by 27 music recording companies, including Hed Arzi Ltd., Helicon Ltd., and NMC Music Ltd. The IFPI presented the NIS 500,000 claim. The petitioners claimed that the sites were violating their copyright. The sites’ operators were ordered to pay an interim sum of NIS 500,000 until damages to the petitioners are assessed. The lawsuit follows the US Supreme Court’s decision at the end of June that on-line file-sharing services Grokster and Streamcast could be held liable for copyright infringement if they encouraged Internet users to illegally copy movies and music from each others’ computers. The long-awaited ruling was seen as a key test of copyright law in the digital era. Source…

ITC Keynote address by Ralph Simon highlights role of mobiles
Copyright , Internet , Record Labels / November 2005
UK

TECHNOLOGY Record Labels, Telecomms, Internet In The City conference keynote speaker Ralph Simon is a music industry veteran and famously the man who founded Zomba and sold it at the right time! He is still involved in the music industry and gave the speech to introduce delegates to the wonders of ‘mobilised A&R’ and asked the question ‘R U Connected’. Ralph pointed out that labels in particular shouldn’t be asking the question ‘should we mobilise’ but that they just should mobilise – from the song upwards through artists to singles and albums. Ralph pointed out that even they way music is traditionally sold – CD albums and singles – will change – perhaps to ‘clusters’ of songs released by an act every 3 to 4 months. The mobile industry itself is worth some $548 billion annually (Deloitte & Touche) with 2.4 billion users worldwide. The UK has a 84% use (almost one phone per person) and even China, a developing country with 1.24 billion people now has a 27% penetration. Ralph’s short term vision is that mobiles will become mobile social computers, adopted primarily by the 14 – 28 year old demograph. They will provide television programmes, radio (although most…

China regulates for a sanitised web
Internet , Regulation / November 2005
China

REGULATION Internet The Chinese State Council Information Bureau and Ministry of Industry and Information have issued new restrictions on Chinese websites. All Chinese websites are now prevented from putting out news that: – violates the basic principles of the Chinese constitution – endangers national security, leaks national secrets, seeks to overthrow the government or endangers the unification of the country – destroys the country’s reputation and benefits – arouses national feelings of hatred, racism, and endangers racial unification – violates national policies on religion, promotes the propaganda of sects and superstition – diffuses rumours, endangers public order and creates social uncertainty – diffuses information that is pornographic, violent, terrorist or linked to gambling – libels or harms people’s reputation, violates people’s legal rights – includes illegal information bounded by law and administrative rules. Websites also have to conform with the following provisions: – It is forbidden to encourage illegal gatherings, strikes, etc to create public disorder – It is forbidden to organise activities under illegal social associations or organisations Websites that break these new rules will be shut down and those running them will have to pay a fine that could reach 30,000 yuans (3,000 euros). See: http://www.rsf.org/article.php3?id_article=15141

Eminen looks to ban ringtones
USA

COPYRIGHT Record Labels, Music Publishing, Telecomms Eminem’s publishing companies have filed a lawsuit yesterday in an effort to stop his songs from being used as cell phone ring tones. The suit, filed in U.S. District Court in Detroit by Michigan based Eight Mile Style and Martin Affiliated seeks a court order to prohibit five companies from selling Eminem song ring tones on the Internet. Lawyers for the rapper, whose real name is Marshall Mathers III, said they also plan to sue karaoke companies that sell Eminem songs without getting the proper licenses. The companies named in the suit are Colorado-based Cellus USA, Georgia-based FanMobile, New York-based Nextones.com, New Jersey-based MyPhoneFiles and New Jersey-based MatrixM LLC. Source : http://www.billboard.com

ICANN approves more top level domain names
Artists , Record Labels , Trade Mark / November 2005
EU
USA

TRADE MARK Telecomms, Artists, Record Labels, Film, Television ICANN (Internet Corporation of Assigned Names and Numbers) has approved the designation of three new generic Top Level Domain Names (TLDs)- mobi, .travel, and .jobs.- and is reviewing six more TLDs. Applications for domain names in the .jobs and .travel TLDs are now being accepted. ICANN has approved the .mobi TLD, and details regarding the beginning of registration will soon be available. In addition, ICANN has also preliminarily approved the launch of four more TLDs -.post, .cat, .tel, and .xxx and has entered into commercial and technical negotiations with the sponsors of these TLDs. Finally, ICANN is reviewing the applications for .asia and .mail TLDs. See : http://www.mondaq.com/article.asp?articleid=35082&email_access=on

Who Owns Barbie – Copyright Owners and Artists disagree
Canada

IMAGE RIGHTS, COPYRIGHT FAIR USE Artists, Record Labels, Film, Television, Internet ARTICLE:  John Petrick in seacoastonline.com An interesting article from the USA on the use of cartoon and other fictional characters in modern art. Is it parody – does it fall under the ‘fair use’ provisions of US law or even under the right to free speech? Or is the use of characters such as Batman & Robin, Micky Mouse and Barbie in any context without permission an infringement of the owner’s intellectual property rights? “In 1994 2 Live Crew were sued for its rewritten version of Roy Orbison’s classic song “Pretty Woman.” The case ultimately went to the U.S. Supreme Court, which found the song was “fair use” in that it was a parody. It’s a seminal case for artists and their lawyers, in that it’s the first to make such distinctions. Also in favor of artists’ rights was a more recent case in which Mattel sued Utah photographer Tom Forsythe for copyright infringement after he created a series of images titled “Food Chain Barbie.” The collection showed Barbie dolls posing in every kind of kitchen appliance from blenders to toaster ovens. Mattel didn’t care what he was trying to…

Manchester United’s manager fails to protect his own name on posters
Artists , Trade Mark / November 2005
UK

TRADE MARK Artists, Merchandising Sir Alex Ferguson, manager of the iconic and world famous Manchester United Football Club has claimed that his human rights have been abused after the United Kingdom’s Trade Mark registry (Patents Office) refused an application to trade mark his name for posters because he is ‘too famous’. The adjudicator, Charles Hamilton, found that when consumer purchased a poster featuring Ferguson’s name they would not think that this was an ‘endorsement’ by the manager. The test is whether or not a consumer buying the poster thought that ‘Alex Ferguson’ referred to the person featured on the poster OR to the person who made the poster. If it only applies to the former then no protection will be granted as this is just descriptive. This is has led to the position that non famous sports, entertainment and music stars can trade mark their (distinctive) names before they are famous but once a name passes into the public’s consciousness it is far more difficult to secure a registration especially for items such as posters where a name would not be seen as a ‘badge of origin’, merely a name on that poster which may or may not be endorsed by the…

BBC paid $375,000 for domain name
Artists , Internet , Trade Mark / November 2005
UK

TRADE MARK Television, Artists, Internet The British Broadcasting Corporation (BBC) have finally admitted that they paid US $375,000 to Boston Business Computing to secure the www.bbc.com top level domain (TLD) in the late nineties. As the US firm had a legitimate claim to the acronym ‘BBC’ there was no question of bad faith or trade mark infringement and it is difficult to see how any legal challenge (usually by way of a WIPO domain name claim) would have resulted in the British Broadcasting Corporation securing the domain name. The domain is still not used fully by the BBC and just directs users to the bbc.co.uk website which is the main UK URL for the BBC. The .com domain may be used in the future for an international portal for the BBC’s website. The Times, 9 October 2005

Ownership of domain names used for criticism and review
Internet , Trade Mark / November 2005
USA

TRADE MARK Internet “In a victory for free speech advocates and operators of so called internet gripe sites” the U.S. Court of Appeals for the Fourth Circuit reversed a summary judgment ordering domain name registrant Christopher Lamparello to cease using the name “fallwell.com” and to transfer it to the controversial televangelist and political commentator Jerry Falwell. In its decision, the Fourth Circuit rejected Falwell’s trademark infringement and cybersquatting claims because there was no likelihood of confusion between Falwell’s web site and trademarks and Lamparello’s use of the domain name “fallwell.com” to criticize Falwell’s views on homosexuality. Lamparello v. Falwell, Case No. 04-2011, 2005 U.S. App. LEXIS 18156 (4th Cir. Aug. 24, 2005) (Motz, J.)” For a link to this article by James Griffith go to : http://www.mondaq.com/article.asp?articleid=35338&email_access=on

Abusive contract terms struck down by French court in AOL Standard Form Contract
Contract , Internet / November 2005
France

CONTRACT Internet, general In a judgment released September 15, a three-judge panel of the Versailles Court of Appeal has unanimously dismissed an appeal by SNC AOL France (AOL) from a lower court decision handed down in 2004 in favour of a French consumer protection body, Union Fédérale des Consommateurs “Que Choisir” (UFC), relating to AOL’s online subscriber contract in France (AOL Contract). In the case, UFC v AOL France, many different clauses in the standard form contract were at issue, including such fundamental provisions, for example, as those relating to AOL disclaimers of liability (including liability for content information originating from third parties and liability for failure to provide the online service contracted for) and AOL’s rights of termination (including the right of AOL to terminate the contract unilaterally). Several of the clauses in the AOL Contract were found to be abusive and unenforceable because they were contrary to French local law or, in some cases, contrary to EU-wide laws such as the Unfair Terms in Consumer Contract Directive of 1993. Under the latter legislation, courts have the power to decline to enforce provisions in consumer contracts that are seen to demonstrate a “significant imbalance” of bargaining power between the parties. For…

Adult website lawsuit against Google Image Search could have important ramifications for fair dealing and fair use
Copyright , Internet / November 2005
USA

COPYRIGHT Internet The Electronic Frontiers Foundation has filed a brief in support of Google Image Search, arguing that a federal district court should reject a request for a preliminary injunction that could shut the service down. In its lawsuit, adult entertainment website Perfect 10 claims that Google violates its copyrights by making and delivering thumbnail images of its photos as Internet search results. In its friend-of-the-court brief, EFF shows that these copies are a well-established fair use of digital images, and they help people find and use the works for informational and educational endeavors. “Google Image Search helps millions of people locate and learn about information on the web every day,” said Jason Schultz, EFF staff attorney. “We’re concerned that the public will lose out if Perfect 10 succeeds in shutting it down.” Perfect 10 argues that a preliminary injunction is justified because Google is violating its right to reproduce, distribute, and display its copyrighted work. But there is a long tradition in fair use that certain kinds of copies are socially useful, even without permission of the author. Courts have held that copies are a legal intermediate step to making non-infringing uses of the copyrighted work – for example…

US talent guilds want a fair cut of i-Tunes download revenues
Copyright , Internet / November 2005
USA

COPYRIGHT Internet, Mobiles, Television The presidents of unions representing Hollywood writers and actors have joined together to ensure that their members get a fair shares of revenues coming from the new download revenue stream. This follows the announcement that ABC shows such as “Lost” could be downloaded for portable viewing on Apple’s video i-Pod. ABC became the first network to allow viewers to download episodes of their shows the day after they air. Other networks are expected to follow. The development was news to the presidents of the Writers Guild of America, West, and the president of the American Federation of Television and Radio Artists. The two called their counterparts at the Screen Actors Guild (SAG), Directors Guild of America and the Writers Guild of America, East. The Unions have not yet contacted ABC (owned by the Walt Disney Corporation) to discuss how much of the $1.99 fee per episode should go to writers, actors and directors. The unions already have agreements that cover the reuse of their work on the Internet and in “pay per view” models. They also have newer deals covering work produced for the Internet.

“How Bowie’s moonage daydreams came true”
Copyright , Internet , Record Labels / November 2005
UK
USA

COPYRIGHT Internet, Record Labels, Radio, Television ARTICLE by John Naughton (the Observer Sunday October 16, 2005) An interesting article by John Naughton on the future of ‘paid for’ music. Synopsis: Rock star David Bowie wrote a thoughtful piece in the New York Times in June 2002 about the future of music. ‘The absolute transformation of everything we ever thought about music will take place within 10 years,’ he wrote, ‘and nothing is going to be able to stop it. I see absolutely no point in pretending that it’s not going to happen. I’m fully confident that copyright, for instance, will no longer exist in 10 years, and authorship and intellectual property is in for such a bashing. Music, itself, is going to become like running water or electricity…’ For a link go to : http://observer.guardian.co.uk/business/story/0,,1592964,00.html See also the article by Ben Challis on digital distribution and online business models at :http://www.musicjournal.org/05digitaldilemma.htm

UK Teenager convicted for ‘race hate’ T-shirt
Criminal Law / November 2005
UK

CRIMINAL Merchandising Wearing a Cradle of Filth T-shirt emblazoned with the slogan ‘Jesus is a c**t‘ has left a UK teenager with an 80 hour community penalty (unpaid work). The 19 year old teenager, Adam Shepherd, also has to pay £40.00 costs at Weymouth Magistrates Court. Shepherd’s girlfriend was wearing the T-shirt when this was reported by a member of the public. When approached by the police the two teenagers swapped shirts but Shepherd then refused to take of the offending T-shirt. The teenager was convicted under new UK race hate laws. In the punk era Stiff Records had product banned for being offensive (‘if it aint Stiff it aint worth a F**k‘ being one memorable T-shirt slogan) and even the Sex Pistols’ ‘Never Mind The B**locks‘ album was removed from many shop windows after a visit from the local police. http://www.ilmc.com (news)

One stop licensing scheme for online rights in Europe
Copyright , Internet , Music Publishing / November 2005
EU

COPYRIGHT Internet, Music Publishing The European Communities Internal Market and Services Commissioner: Charlie McCreevy has said that online music service in Europe such as Apple’s i-Tunes will be able to acquire a single licence to use songs from one of the European Collection Societies. Currently use requires the consent of dozens of license holders from each country where the service wants to operate ‹ from record labels or their collections societies for the use of the sound recording and from music publishing royalty collection societies (such as the MCPS and PRS) or music publishers for the use of the song. In some instances consent will be needed from the artists themselves. The resulting lengthy negotiations have pushed back the launch of services such as i-Tunes and Napster and some popular U.S. music services such as Yahoo have yet to appear in Europe in part due to the complexity of the rights situation. The new move is hoped to make the launch of new online services in Europe easier and hopefully will facilitate better artist and songwriter payments. MCPS-PRS eM Magazine October 2005 See Law Updates August 2005 European Commission proposes Europe wide music licensing for online use

US payola scandal rumbles on
Competition , Record Labels / November 2005
USA

COMPETITION Radio, Record Labels TSR Records has filed a lawsuit in Los Angeles against Sony BMG, accusing the company of bribing radio programmers in order to unfairly dominate radio playlists. This new case comes just three months after Sony BMG agreed to pay $10M in settlement after the Eliot Spitzer-led investigation into payola in the US radio sector. TSR alleges it was “systematically excluded” from a number of playlists and this affected its business prospects. Sony disciplined a number of executives and Clear Channel sacked two programming executives and disciplined a number of others following internal payola investigations. See: http://www.nytimes.com/2005/10/19/business/media/19payola.html andhttp://www.latimes.com/business/la-fi-payplay19oct19,1,7448152.story?coll=la-headlines-business And see Law Updates September 2005 SONY BMG settle payola claim