Quincy Jones wins $9.4 million in Jackson claim
Contract , Music Publishing / August 2017
USA

CONTRACT Recorded music   Quincy Jones has won a jury decision in the case he brought in the Los Angeles Superio Court against the Michael Jackson Estate, winning $9.4 million in what he alleged were underpaid or unpaid royalties. Jones had accused Sony Music and MJJ Productions (one of Michael Jackson’s companies, now controlled by the Jackson Estate) or depriving him of some $30 million in royalties, almost all from the per...

Arcade under Fire
Contract , Live Events / August 2017
Canada

CONTRACT Live events sector   The Canadian indie rock group, Arcade Fire, has come under fire for requesting attendees to its Everything Now release show at Brooklyn’s Grand Prospect Hall to wear ‘hip and trendy’ clothes. Apple has plans to live-stream the event on Apple Music and it has been reported that they were the ones to send the notice to ticket holders.   The notice that was emailed to the ticket holders for the...

Travis Scott takes action against former management
Artists , Contract , Employment Law / August 2017
USA

CONTRACT / EMPLOYMENT LAW Artistes   Travis Scott (Jacques Webster), the US rapper, singer, songwriter and record producer, has accused the artist management company owned by music industry veteran Lyor Cohen (now  top music man at YouTube) of violating California’s Talent Agencies Act. It’s a two way battle: LCAR Management sued Scott earlier this year claiming that the rapper, who had been a client, owed the...

Lil Wayne adds Universal to his ‘Cash Money’ litigation
Contract , Music Publishing / August 2017
USA

CONTRACT Recorded music   Lil Wayne has added Universal to his ‘Cash Money’ litigation in a New Orleans law suit that accuses the Cash Money record company and its major label partner of colluding to deny Lil Wyane royalties that are properly payable to him.  Cash Money co-owners Bryan “Birdman” Williams and Ronald “Slim” Williams are also added to the pending suit that asserts a conspi...

The European Copyright Directive, safe harbour and the value gap found in the middle of it
Copyright , Internet / August 2017
EU

COPYRIGHT Internet, digital   The EU’s E-Commerce Directive created the ‘safe harbour’ to protect Information Society Service Provides (ISP) where, subject to certain requirements, they unknowingly provided copyright-infringing material.   Take the YouTube example; due to the scale and amount of content that is uploaded to YouTube on a daily basis, it is almost an impossible task to monitor all content for copy...

US music publishers up the stakes with Spotify
Copyright , Music Publishing / August 2017
USA

COPYRIGHT Music Publishing, collection societies   Tensions between Spotify and National Music Publishers Association are reportedly rising in the USA with the arguments now focussing on the so called ‘mechanical right’ which generates a mechanical royalties on Spotify streams – and which cannot be collected bu US collecting societies BMI and ASCAP which only represent the performing rights in songs...

Barry based security firm under investigation
Health & Safety , Live Events / August 2017
UK

HEALTH & SAFETY Live events sector   A Welsh event security firm is under investigation by the Security Industry Authority (SIA) for allegedly supplying unlicensed stewards to several British music festivals. The Security Industry Authority (SIA) confirmed it was investigating LS Armour Security Ltd of Barry, South Wales, following a compliance check. The SIA It said it was “exceptional” for it to comment ...

Cross party support to protect pre-1972 sound recordings and a new music database in the USA
Copyright , Music Publishing / August 2017
USA

COPYRIGHT Recorded music, broadcasting   US legislation has been introduced to close the long-standing anomaly in US copyright law which means that pre-1972 sound-recordings are nor protected by federal law, a position highlighted in the long running litigation between SiriusXM and Flo & Eddie, the California corporation with the rights to songs by the 1960s group The Turtles (“Happy Together,” “She’d Rather Be With Me...

Will legalities rain down on the Purple Rain stage show?

COPYRIGHT Live events sector, music publishing   It has been announced that a ‘jukebox musical’ made up of Prince’s songs will tour the UK next year and the current plan is that it will open very shortly with a string of dates across the UK.     I say plan because Prince’s family or the Prince estate has not given permission for the musical. In fact, Troy Carter, entertainment advisor to the Prince estate has...

Stream-ripping tops music piracy chart
Copyright , Internet / August 2017
UK

COPYRIGHT Internet, digital   A study carried out by PRS for Music and the Intellectual Property Office (IPO), has found that stream-ripping is now the most prevalent and fastest growing form of music piracy in the UK, with nearly 70% of music-specific infringement dominated by the illegal online activity.   Research revealed that the use of stream-ripping websites, which allow users to illegally create permanent offline copie...

France’s Highest Court Rules in Favor of Freedom of Expression of Director over Heirs’ Droit Moral
Copyright / August 2017
France

COPYRIGHT Theatre   This article was written by Marie-Andree Weiss   Readers of the 1709 blog may remember that the Paris Court of Appeals found in October 2015 that the staging of the opera Le Dialogue des Carmélites by Dmitry Chernyakov for the Munich Opera in 2010 violated the moral rights of composer and librettist Francis Poulenc, which adapted the eponymous theatrical play by Georges Bernanos. &...

The Canadian Supreme Court brings music to the ears of the music industry
Copyright , Internet / August 2017
Canada

COPYRIGHT Internet, digital   The Canadian Supreme Court has brought music to the ears of the music industry, although it’s not a music case!  It’s no secret, Google regularly links to content that is an infringement of copyright. It is also no secret that Google de-lists specific web pages that link through to copyright infringing content, but does not actually de-list the whole website.  Now the Supreme Court has ru...

Connecting to free wifi at venues ? Make sure you read the small print!

DATA REGULATION / CONTRACT Live events sector Some 22,000 people have agreed to undertake 1,000 hours of community service – including cleaning festival toilets and scraping chewing gum from the pavement – in return for free wireless internet, reveals an experiment designed to illustrate a lack of awareness among consumers signing up for free in-venue wifi. Purple, who launched the experiment, said “We welcome the strengthenin...

New regulatory powers for live music for Balearic Island councils
Licensing , Live Events / August 2017
Spain

LICENSING Live events sector   The Council of Ibiza will have the power to ban new open-air music venues under new provisions in the Balearic Islands’ tourism law which was passed in July 18th. When in effect, the new law will apply to Mallorca, Menorca, Formentera and Ibiza. An amendment has been made by the socialist PSOE party that grants the four local councils the power to “regulate, determine or prohibit, in ...

Ed Sheeran takes on the touts
Competition , Live Events / August 2017
UK

COMPETITION Live events sector   The promoters of Ed Sheeran’s UK 2018 stadium tour have cancelled up to 10,000 touted tickets to put back into the primary market.  Kilimanjaro, DHP Family and AEG Presents confirmed in a statement  that they were cancelling any touted tickets to the sold out stadium shows. The promoters told fans to only buy tickets from primary sellers or their approved secondary site, resale platf...

GMR and RMLC square up to each other in the US courts

COMPETITION / COPYRIGHT Broadcasting, music publishing   Irving Azoff’s performing rights organisation Global Music Rights has a small catalogue of songwriters when compared to the two US giants,  ASCAP and BMI, but it is certainly not insubstantial,  with songwriter clients including the Eagle’s Don Henley and Glenn Frey, Billy Idol, Jon Bon Jovi, Bruce Springsteen, Drake, Bruno Mars, Bryan Ada...

Sid Bernstein’s Estate fails in its copyright claim over the Beatles’ Shea Stadium film
Contract , Copyright , Live Events / August 2017
USA

CONTRACT / COPYRIGHT Live events sector, film, TV   A New York judge has dismissed a lawsuit brought the estate of promoter Sid Bernstein, who staged the Beatles’ legendary 1965 show at Shea Stadium. The Estate had argued that band’s Apple Corps had infringed on the copyright of Sid Bernstein Presents by including footage from the concert in ron Howard’s  documentary film Eight Days a Week – the Torui...

Injunction available after claimed licence fees paid – PPL v JJPB
Copyright , Live Events / July 2017
UK

COPYRIGHT Live events sector By Rosie Burbidge writing for the IPKat    Should an injunction be granted when the licence fees which were the reason for a claim being issued have all been paid? What about if further licence fee payments (incurred after the claim form was issued) have not been paid?   Phonographic Performance Limited (or PPL) “licenses recorded music played in public or broadcast a...

Radiohead stage collapse trial to be re-set

HEALTH & SAFETY Live events sector   A new trial has been set for the defendants charged after the stage collapse at an outdoor Radiohead concert in Toronto five years ago, which killed British drum technician Scott Johnson, then aged 33.   Johnson was killed and three others were injured after scaffolding collapsed. The show was promoted by Live Nation and the live music giant was subsequently charged under Ontario’...

Two face Ghost Ship party manslaughter charges
Health & Safety / July 2017
USA

HEALTH & SAFETY Live events sector   Two people have each been charged with 36 counts of involuntary manslaughter in connection to the fire that occurred at the Ghost Ship warehouse party in Oakland, California on the 2nd December 2016, headlined by electronic group Golden Donna. The two have been named as Derick Almena, who leased the warehouse and is decribed as the Ghost Ship founder an party ‘promoter’, and...

Mankowitz’s famous portrait of Jimi Hendrix is original and deserves copyright protection, says Paris Court of Appeal.
Copyright / July 2017
France

COPYRIGHT Photography   A couple of years ago the Paris Tribunal de Grand Instance (TGI) concluded (to much criticism at the time) that the well-known portrait of Jimi Hendrix realised by Gered Mankowitz would not be eligible for copyright protection in France. University of East Anglia academic Sabine Jacques has an update to report, this being the rather different outcome of the appeal decision in this case: ...

Drake’s transformation prevails in plagiarism claim
Copyright , Music Publishing / July 2017
USA

COPYRIGHT Sound recordings, music publishing   Drake, along with his record labels and music publishers, have won a difficult lawsuit that had claimed his song “Pound Cake/Paris Morton Music 2” which featured on the 2013 album “Nothing Was the Same” sampled a 1982 spoken-word recording titled the “Jimmy Smith Rap.” The use complained of is where Deake used a cut down version of lyrics spoken by jazz musician James Oscar...

State law not relevant to protect the broadcast of pre-1972 sound recordings in Illinois
Copyright , Music Publishing / July 2017
USA

COPYRIGHT Sound recordings   A federal judge in Chicago had dismissed a class action in another US case that looked at the performance right in sound recordings made before 1972, and which are not covered by federal copyright law.   In his June 5th ruling, Judge John J. Tharp Jr. sided with defendants iHeartMedia in the action brought by Arthur and Barbara Sheridan, who own own the copyrights in a number of pre-February 15th 1...

Gene in the horns of a dilemma
Artists , Trade Mark / July 2017
USA

TRADE MARK Artistes   Gene Simmons (yes, he of rock band Kiss) attempts to register a trade mark for the widely used heavy metal ‘devil horns gesture always looked doomed to fail, and sure enough, they have.   The Hollywood Reporter reported that Simmons had applied to the U.S. Patent and Trademark Office (USPTO) for protection of the gesture in class 41. Simmons claims he first used it in commerce in 1974, although it&#...

One for the scalpers! Connecticut prohibits ticket resale restrictions
Competition , Contract , Live Events / July 2017
USA

CONTRACT / COMPETITION Live events sector   Much to the dismay of those who are fighting back against ticket touts and scalpers, but in a move billed as “protecting consumers who purchase e-tickets”, the US state of Connecticut has passed legislation that will to prohibit terms that restrict the sale of non-transferable paperless tickets. Whilst a growing number of major artists, including, prominently, Iron Maiden, now use nam...

Belgian live industry go to court over the Sabam rate hike

COMPETITION  / COPYRIGHT Live events sector, collection societies   The live sector in Belgian including the Rock Werchter, Pukkelpop and Night Of The Proms, festivals and tour promoter GraciaLive are heading to court with the  country’s performing rights organisation Sabam over the new royalty rates introduced at the start of the year by the PRO. Sabam justified the recent changes to the live event tariffs to bring...

Fyre Festival failure prompts legal challenges
Contract , Live Events / June 2017
USA

CONTRACT Live events sector     Why anyone thought the partnership of rapper, a young technology ‘serial entrepreneur’, neither of whom had organised a festival before, and an unbelievable Instagram video featuring models Bella Hadid, Hailey Baldwin and Emily Ratajkowski sailing on a luxury yacht and posing on beautiful beaches would result in a mind blowing festival is anyone’s guess. Spending thousands of d...

Injunction Blocks the Release of Prince Recordings
General / June 2017
USA

CONTRACT/COPYRIGHT Recorded music   A number of Prince recordings will not be released until the dispute between Ian Boxill and the Prince Estate is resolved.   Ian Boxill has been told by a US court that he cannot release any tracks that he worked on with Prince: however, things may change when the dispute between Prince’s Estate and Boxill is resolved.   The action stared when Boxill announced that he had plans to rel...

PRS for Music launches new live concert tool for members performing overseas
Copyright , Music Publishing / June 2017
EU
UK
USA

COPYRIGHT Music publishing     PRS for Music has launched a new live concert tool for members performing overseas which will show local tariffs across global territories and  could potentially help touring acts who write their own material additional royalties with the PRS for Music saying the tool will “help members who perform their music internationally negotiate full and fair royalty settlements.”   U...

New lawsuits over Jefferson Starship name, the Hotel California name and …. a cat
Artists , Trade Mark / June 2017
Canada
USA

TRADE MARK Artistes     A founding member of Jefferson Starship has filed a legal action in a move designed to prevent the current version of the legendary band from using the name Jefferson Starship. The band evolved out of the group Jefferson Airplane in 1974 and also produced the ‘spin off’ band Starship (itself a name change after a legal dispute). Craig Chaquico,  who was member of the Jefferson...

BBC in pain over Sir Cliff’s legal bills
Artists , Privacy / June 2017
UK

PRIVACY Broadcasting, Artistes     The BBC has hit out at Sir Cliff Richard’s legal spend after the broadcaster provided controversial live coverage of a raid on Richard’s Berkshire home by the South Yorkshire Police in an investigation into claims of sexual abuse that were made against the singer in 2014.  No charges were made in relation to the allegations of historical sexual assault, with the Crown Pr...

Winsconsin to let minors attend festivals
Licensing , Live Events / June 2017
USA

LICENSING Live events sector   Wisconsin Governor. Scott Walker has signed a new bill which will allow minors to attend music festivals where alcohol is being served.  Under current law, minors may not be on the premises of a site that has been issued an alcohol license unless they are accompanied by a parent or guardian. However, a number of venues are exempt from the law, including bowling alleys, movie theatres and spo...

Cross party support to make US radio ‘pay to play’
Competition , Copyright / May 2017
USA

COPYRIGHT / COMPETITION Broadcasting, recorded music   A bipartisan group of legislators led by Representatives Jerry Nadler and Marsha Blackburn have reintroduced the Fair Play Fair Pay Act, a bill that would establish a public performance right for sound recordings on terrestrial radio, forcing stations to pay labels and artists for using their material, and correct the unusual position in the USA where there is no performan...

Italian ticketers hit with €1.7m in fines
Competition , Live Events / May 2017
Italy

COMPETITION Live events sector   The Italian Competition Authority (AGCM) has levied fines totalling €1.7 million on five ticket agencies for breaching consumer rights legislation AGCM’s investigation dates back to October, when consumer group Altroconsumo asked the quango to look into allegations primary seller TicketOne was passing tickets directly to the secondary market. It found that while TicketOne, owned by Germany...

Isle of Wight festival sale in the spotlight
Competition , Live Events / May 2017
UK

COMPETITION Live events sector   The UK’s Competition and Markets Authority is to investigate the recently announced acquisition of  the Isle of Wight Festival by Live Nation. The CMA said  it was: “considering, pursuant to section 22 of the [2002 Enterprise] Act”, whether the merger of Isle of Wight Festival Ltd and Live Nation/Denis Desmond’s LN-Gaiety Holdings Ltd “has resulted or may be expected to resu...

Lords move to strengthen ticket re-sale transparency
Consumers , Live Events / May 2017
UK

CONSUMER Live events sector   In the UK, the House of Lords has passed an amendment that anti-touting campaigners say will strengthen the position of consumers who use secondary ticketing sites. Whilst the UK government now supports the recommendations made in the Waterson report, an independent review which recommended no new legislation against secondary ticketing but did suggest proper enforcement of the existing Consumer Rights...

Lords push on with establishing the ‘agent of change’ principle into UK law
Licensing , Live Events / May 2017
UK

LICENSING Live events sector   Cross-sector trade group UK Music has welcomed new recommendations made by a House Of Lords Select Committee a call to extend the the ‘agent of change’ principle to revisions of the Licensing Law. The Committee that has been reviewing the licensing rules that impact on concerts and venues and said that the 2012 Live Music Act, which aimed to simplify the licensing process for smaller ...

This is Spinal Tap, and this is going to be another copyright reversion case.
Copyright , Record Labels / May 2017
USA

COPYRIGHT Film, recorded music   As we have previously reported, the original dispute arose in the actors behind This Is Spinal Tap and StudioCanal began when Harry Shearer, a co-creator of the cult movie, alleged that StudioCanal, Vivendi’s movie business had “wilfully manipulated certain accounting data…to deny [the] co-creators their rightful stake in the production’s profits”. If the co-cr...

Insane Clowns face infringement claim

COPYRIGHT Music publishing   An Ohio poet says Detroit rap-metal group the Insane Clown Posse and in particular member Joseph Bruce have used a poem he wrote without his consent. Stanley Gebhardt filed the copyright infringement suit in the federal court in Detroit. The action seeks monetary damages and asks the court to restrain Bruce and the group from using Gebhardt’s 1993 work “But You Didn’t” which...

PRS for Music and GEMA announce record results

COPYRIGHT Music publishing   The UK’s Performing Right Society (PRS) has announced it paid out more than half a billion pounds sterling in royalties to songwriters, composers and publishers ib 2016, in its strongest performance to date. The organisation, which represents the rights of over 125,500 music creators in the UK and two million worldwide, paid out £527.6m to its members last year, up 11.1% (£52.5m) on 2015.  ...

British DJ sentenced to prison after including the Muslim call to prayer in Tunisian show
Live Events / May 2017
UK

BLASPHEMY Live events sector   A court in Tunisia has sentenced a British DJ Dax J to one  year in jail after he played a dance remix of the Muslim call to prayer during a set at the Orbit Festival  last weekend. The UK DJ and producer was found guilty of public indecency and offending public morality after footage of him playing the track in a Nabeul club emerged on social media. The club, El Guitone, was shut down ...

Defamation case against Kesha’s former lawyer has been given the go ahead
Artists , Defamation / May 2017
USA

DEFAMATION Artistes   Mark Geragos, the former lawyer for Kesha, who acted for the pop star in her legal battle against the producer Dr Luke, is now on the receiving end of legal action from the producer’s lawyers.    A New York judge has blocked efforts by Geragos to have the defamation case filed by Dr Luke (Lukasz Gottwald) dismissed. The case revolves around comments the ‘celebrity lawyer’ made on Twitter and th...

Love Parade organisers will face criminal charges over 2010 deaths

HEALTH & SAFETY Live events sector   A German court has ruled that the organisers of the “Love Parade” techno-festival will stand trial in connection with the deaths of 21 people in a crowd crush ithat took place in in 2010. More than 500 others were injured in the crush. The disaster on the 24th July 2010 was the result of  a crush in a tunnel that served as the sole entrance to Love Parade. Over a m...

Australian law makers look to ban bots, whilst in the UK, Viagogo are a no show
Consumers , Live Events / April 2017
Australia

CONSUMER Live events sector     Lawmakers in Australia are also considering a nationwide ban on the software used by ticket touts to buy up large quantities of tickets for in-demand events from primary ticketing sites, using so called ‘bots’. In 2016 President Obama signed banning the use of ticket tout bots, while the UK government has now said it supports inserting a similar specific bots ban into Digital Ec...

Ontario opens public consultation on ticket touting bots, but Virginia wants a free market
Consumers , Live Events / April 2017
Canada
USA

CONSUMER Live events sector   Ontario has launched a public consultation on plans to introduce new laws banning the use of ticket tout bots. The Canadian province’s Attorney General Yasir Naqvi had announced the intention to introduce new legislation last October and moves to outlaw the use of such software were reinforced after tickets for Canadian rock band The Tragically Hip’s farewell tour quickly found their way to...

UK government to act on touting
Consumers , Live Events / April 2017
UK

CONSUMER Live events sector   In the wake of an outcry over touts re-selling tickets for Ed Sheerhan’s Teenage Cancer Trust charity show at the Royal Albert Hall and Adele’s O2 concerts, UK ticket touts who use computer ‘bots’ to mine for concert tickets before selling them for massive profits, and blocking fans from seeing their favourite artists except at huge mark ups, will face unlimited fines. National ...

Alabama joins Virginia on the trail of the free market ticket
Consumers , Live Events / April 2017
USA

CONSUMER Live events sector   Lawmakers in Alabama are moving towards passing a new rule that would give consumers a statutory right to resell any tickets they have bought, which in turn would limit the tactics artists and promoters can employ to try to fight back against scalping (ticket touting). There are parallels between the proposals made by Alabama representative Paul Lee and the previously reported measures put forward in V...

Live Nation fined for unfair AC/DC refund procedures
Consumers , Live Events / April 2017
Spain

CONSUMER Live events sector   The Spanish city of Seville has fined Live Nation 15,000 euros over the way it handled refunds in relation to an AC/DC concert in May 2016. Readers will remember the ‘Rock or Bust’ tour was interrupted and then substantially re-arranged when vocalist Brian Johnson was forced to pull out of live shows after being warned that he risked “total hearing loss” – and he...

ARTICLE LINK  – Trade Marks and Google Adwords
Trade Mark / April 2017
EU
UK
USA

TRADE MARK All areas     This week LA Weekly broke the news that Coachella’s  parent company, Goldenvoice,  is suing Urban Outfitters for trademark infringement, alleging the unauthorised use of the word “Coachella”. The lawsuit relates to Urban Outfitters subsidiary Free People, who have allegedly been selling various items that use the Coachella name: “Coachella Valley Tunic” and  “Bella Coache...

Hendrix siblings back in court
Trade Mark / April 2017
USA

TRADE MARK Merchandise   Experience Hendrix LLC, the company run by the late guitarist’s adopted sister Janie, and which is the entity that that manages the estate and legacy of Jimi Hendrix, is in another dispute with Jimi Hendrix’s brother Leon, who is accused of involvement in a business venture that seeks exploit Jimi Hendrix trademarks without Experience Hendrix’s permission. The new lawsuit, filed in U.S. Di...