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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 ...

Enrique Iglesias takes legal action against Universal Music Group for “missing” millions in streaming royalties
Contract , Copyright / February 2018

CONTRACT / COPYRIGHT Recorded music   Enrique Iglesias has taken legal action against Universal Music Group in the US to claw back an alleged “shortfall of millions of dollars” in streaming royalties. The lawsuit, filed in Miami relies on the accusation that Universal failed to assign a royalty rate for streaming in two contracts with Iglesias: one signed in May 1999 with Interscope in tandem with Universal’s...

Georgia’s music tax incentives are now law
Music Publishing , Taxation / February 2018

TAXATION Live events sector, recorded music, music publishing, video games   The first-ever tax incentive for Georgia’s music industry, the Georgia Music Investment Act is now in effect The legislation is the result of the Recording Academy Atlanta Chapter and Georgia Music Partners’ joint advocacy efforts for over seven years to enact the first-ever targeted incentive specifically for music in Georgia, desig...

Ticketmaster faces Canadian action against over hidden price hikes
Competition , Consumers , Live Events / February 2018

CONSUMER / COMPETITION Live events sector   Live Nation’s Ticketmaster is facing legal action from Canada’s Competition Bureau, which has announced that it is taking action against the entertainment giant for allegedly misleading consumers on the pricing for sports and other ticketed events after an investigation found that advertised prices were deceptive because consumers would be forced to pay additional fees which ...

Two cases on either side of the pond puts equality in the spotlight
Live Events / February 2018

EQUALITY Live events sector    Female comedian Iliza Shlesinger is being sued in the US by a male patron who was turned away from her “Girls’ Night In with Iliza – No Boys Allowed” comedy show in Los Angeles. George St. George says he and a friend bought tickets to the show on November 13th through the Largo website. They arrived at the will-call window early, and were given their tickets but told they would need ...

Are YouTube gagging artists in the copyright debate?
Censorship , Copyright , Internet / February 2018

COPYRIGHT / CENSORSHIP Internet   Hot on the heels of a report by Bloomberg that YouTube had asked musicians to agree not to disparage the streaming-video service in exchange for promotional support as a way to silencing criticism by artists, the Content Creators Coalition (C3) has urged Congress to investigate the so called  ‘non-disparagement agreements’. YouTube meanwhile is trying to stem the damage, ...

Birmingham’s Rainbow to fight licence revocation
Licensing , Live Events / January 2018

LICENSING Live events sector   In the United Kingdom, Birmingham City Council has revoked the licence of  The Rainbow Venues nightclub complex, following the drug-related death of a teenager last month. The decision was made after nineteen year old Michael Trueman died at a Halloween event after taking MDMA in the venue’s toilets. He died in hospital the next day. Resident Advisor reports that PC Abdul Rohomon from ...

RMLC’s anti-trust suit against GMR dismissed in Pennsylvania
Competition , Music Publishing / January 2018

COMPETITION Broadcasting, music publishing   A federal magistrate judge has recommended that a lawsuit filed by the Radio Music License Committee against Global Music Rights should be dismissed, concluding it was improperly filed in the state of Pennsylvania. U.S. Magistrate Judge Lynne Sitarski of the Eastern District of Pennsylvania rejected arguments advanced by RMLC for filing the antitrust suit in Pennsylvania, a state where n...

Digital Music News object to Jay-Z’s legal claims
Defamation , Live Events / January 2018

DEFAMATION Live events sector   Digital Music News are not happy with Jay-Z,  aka Sean Carter, or more specifically his lawyers, Cummings & Lockwood LLC, who they have said threatened them “with ridiculous legal claims” over coverage of poor ticket sales on “Jay-Z’s disastrous ‘4:44’ tour” which Digital Music News described as a “sinking tour” The threats stemmed from an artic...

CTS to appeal competition rulings
Competition , Live Events / January 2018

COMPETITION Live events sector   CTS Eventim is to appeal the decision by the German Federal Cartel Office (Bundeskartellamt) which prohibits the Munich-based ticketing giant, the market leader in ticketing in Germany with a 50–70% marketshare in Germany, of requiring partners to “only sell tickets exclusively or to a considerable extent via CTS’s eventim.net ticket sales system” – something it claims is an abus...

No safe harbour for Google in Oz
Copyright , Internet / January 2018

COPYRIGHT Internet   Google and perhaps more importantly YouTube will be excluded from new proposed extended safe harbour provisions which form part of the copyright law reforms in Australia. Australia had a very narrow definition of safe harbour and currently these only apply to commercial Internet service providers. After extensive lobbying by the technology sector in Australia, who of course want wider safe harbour provisio...

New York Attorney General Files Lawsuit Over Cancelled Buffalove Festival
Consumers , Live Events / January 2018

CONSUMER Live events sector   The Attorney General for New York has filed a lawsuit against concert promoter Cody Conway who allegedly cancelled the Buffalove event without refunding customers nearly $15,000. State Attorney General Eric T. Schneiderman has filed a lawsuit against Conway and the Buffalove Music Festival. Schneiderman is accusing Conway of canceling the three-day Franklinville, New York, festival two weeks ...

Love Parade trial begins in Germany
Health & Safety , Live Events / January 2018

HEALTH & SAFETY Live events sector   Ten of the organisers of the tragic 2010 Love Parade festival are now on trial in Germany.   The ten defendants – four employees of the festival’s promoter, Lopavent, and six officials of the city of Duisburg, in North Rhine-Westphalia, were initially cleared of any wrongdoing in an April 2016 decision by the Duisburg state court, which found there was “no sufficient case to ...

Apple Music in hot water over unpaid mechanical royalty payments
Copyright , Music Publishing / January 2018

COPYRIGHT Music publishing   Mechanical royalties are the royalties paid to a songwriter when a copy of the songwriter’s song is reproduced. The term mechanical royalties dates back to the days when music was recorded on piano rolls. Nowadays, it relates to the sale of any sound recording that is within copyright. Therefore, every time a sound recording is manufactured into a CD, downloaded, or streamed this “mechanical” proc...

French regulator takes aim at Viagogo’s ‘deceptive’ practices
Consumers , Live Events / January 2018

CONSUMER Live events sector   In France, Viagogo has been ordered to change its “deceptive” sales and marketing practices in France by the Directorate-General for Competition, Consumer Affairs and Fraud Control (DGCCRF) which has taken injunctions out against Switzerland-based Viagogo and its Delaware-based division that operates viagogo.fr.   The DGCCRF said Viagogo must stop its misleading commercial practices withi...

Multiple moves against the ticket touts
Competition , Consumers , Live Events / January 2018

COMPETITION / CONSUMER Live events sector   In August, the Vienna Commercial Court found that the fees on tickets sold via CTS’s oeticket website, which charges €2.50 for ‘print @ home’ and mobile tickets and €1.90 for those picked up from branches of Libro or oeticket’s own box offices fell foul of Austrian law. Now the Higher Regional Court of Vienna (Oberlandesgericht Wien, OLG) has also ruled against Eventim.&n...

Spotify and Deezer call for a level European playing field with the American tech giants
Competition , Internet / January 2018

COMPETITON Internet   Spotify and Deezer have urged European legislators to ensure that the globally dominant giant US technology companies (primarily Apple, Amazon and Google) don’t abuse their position as gatekeepers to digital consumers, not least as all three tech giants make and operate devices, control transaction platforms and content services, and many feel they utilise the first two to promote the latter &#...

Bjork: the new kid on the blockchain
Copyright , Music Publishing / December 2017

COPYRIGHT Recorded Music   The Icelandic singer, songwriter and DJ, Bjork, is very well known for being a “restlessly experimental creative force” and is releasing her new album, Utopia, on the blockchain. She has announced that the latest album will only be available for purchase by way of cryptocurrencies. Blockchain, at its core, is a decentralised distributed ledger that registers and validates transactions without the need...

Male model sues Cardi B over mixtape cover
Artists , Image Rights / December 2017

IMAGE RIGHTS Artistes   Cardi B is reportedly being sued by a male model who allegedly features on the cover of her 2016 mixtape, ‘Gansta Bitch Music Vol 1‘, with the image used suggesting that the model is performing oral sex on the rapper. Although Kevin Brophy’s face cannot be seen in the image, he alleges that the distinctive tattoos on his back confirm his identity. TMZ reports that Brophy did not model for t...

Activist sues the Ultra Music Festival over accessibility
Live Events / December 2017

EQUALITY Live events sector   One of America’s largest EDM festivals, Ultra Music Festival is being sued for violating the Americans with Disabilities Act.  A legally blind activist and Paralympic athlete with cerebral palsy, Juan Carlos Gil, has brought a legal action against the organisation on the grounds that their website and live events are not easily accessible for the visually impaired or those with other d...

Two big decisions examine web blocking in the USA
Copyright , Internet / December 2017

COPYRIGHT Internet   In the space of under a week there have been two big cases in the USA looking at web blocking – and with differing results.  First off, a federal judge in California has issued a preliminary injunction preventing Canada’s Supreme Court from forcing Google to de-list websites for Datalink on its American search engine. The Canadian Supreme Court (Google Inc v Equustek Solutions Inc, 2...

Met axes Form 696
Live Events / December 2017

EQUALITY Live events sector   IQ reported that London’s Metropolitan police is to abolish form 696, the controversial risk-assessment document critics claim discriminates against grime and other predominantly black music, in a move welcomed by mayor Sadiq Khan. Following a review process, which included consultations with local authorities, venues, the Musicians’ Union, London Promoter Forum and the Institute of Licensing, the ...

Agent of Change to (hopefully) change and protect UK Live Music and Venues
Live Events / December 2017

PLANNING Live events sector   UK Music has launched a new campaign with the aim to persuade Parliament to introduce the “agent of change” principle into UK law.  It’s been bubbling under for some time now (see http://www.musiclawupdates.com/?p=6681 and we last updated readers on this in March 2017.  But what is the “agent of change” principle? Three years ago, Frank Turner warned the Culture Secret...

Las Vegas atrocity prompts multiple law suits
Criminal Law , Live Events / December 2017

NEGLIGENCE Live events sector   Hundreds of victims of the October 1st mass shooting in Las Vegas have filed five lawsuits in the Los Angeles Superior Court against the operators of the hotel from which the gunman fired, the organisers of the country music festival he targeted and the killer’s estate. The shootings at the Route 91 Harvest Music Festival in Las Vegas claimed the lives of 59 people and left hundreds of others ...