Print at home’ ticket fees ruled illegal in Germany
Consumers , Live Events / October 2016
Germany

CONSUMER Live events sector   A German court has delivered a preliminary ruling that fees for ‘print at home’ tickets should not be allowed, in a case brought against ticketing firm CTS Eventim by consumer rights group Verbraucherzentrale NRW. In their press release, Verbraucherzentrale NRW said that the ruling, could pave the way for similar action against other ticketing agencies which charge similar fees. The court said ...

London nightclub Fabric to close permanently after licence revoked
Licensing , Live Events / October 2016
UK

LICENSING Live events sector   One of Britain’s best known nightclubs, Fabric, has been forced to close permanently after its licence was revoked following the drug-related deaths of two people. After deliberation that lasted into the early hours of Wednesday morning, the local council decided that searches by security staff at the London venue had been “inadequate and in breach of the licence”. “People entering the club were i...

Is Hackney using underhand methods to close down the night-time industries?
Licensing , Live Events / October 2016
UK

LICENSING / PRIVACY Live events sector     Thousands of clubbers have had their names shared secretly with the Metropolitan Police. The 200-capacity Studio Spaces was granted an alcohol licence by Hackney Council in January 2014, on the condition that director Yuval Hen supply the Metropolitan police and the council with a list of everyone attending events of 40 people or more 48 hours in advance. The Hackney Gazette reports t...

Sydney’s ‘lock out’ laws take a knock
Licensing , Live Events / October 2016
Australia

LICENSING Live events sector   The Supreme Court of New South Wales has ruled that Sydney venues are exempt from New South Wales’s controversial ‘lock-out laws’ which were introduced by the New South Wales (NSW) government in 2014 and require that music venues, nightclubs, bars and hotels lock their doors at 1.30am and not serve drinks past 3.00 in a bid to curb alcohol-related violence. The legislation has been attacked by a num...

Sydney’s late night industry not impressed by independent review
Licensing , Live Events / October 2016
Australia

LICENSING Live events sector     The independent report into Sydney’s controversial ‘Lock Out’ laws by former High Court judge Ian Callinan has recommended a two-year trial in which the 1.30am lockout and 3am last drinks measures are relaxed for live entertainment venues. Easing those restrictions by half-an-hour could help restore the vibrancy and lost employment opportunities in the precincts affected by ...

Techno’s beating heart is a place of high culture in German law
Live Events / October 2016
Germany

PLANNING Live events sector   While British institutions of power seem to work towards suppressing the country’s nightlife, German authorities are taking the opposite approach. According to German publication Der Spiegel, Berghain has won a legal case that defines its activity as “high culture” – with the Brandenburg court ruling that Berghain, the 1,600-capacity Berlin nightclub widely regarded as the world capital of tech...

Mayor to implement ‘agent of change’ principle in London Plan
Live Events / October 2016
UK

PLANNING Live events sector   London Mayor Sadiq Khan has said he plans to introduce the ‘agent of change’ principle into the next London Plan to protect London’s cultural heritage and vibrant night life from the actions of developers building residential homes near existing cultural venues. The move comes after more than 25,000 people signed a petition to save Mayfair’s historic Curzon cinema from being s...

Love Parade litigation re-commenced
Health & Safety , Live Events / October 2016
Germany

HEALTH & SAFETY Live events sector     Three people injured at the tragic  2010 Love Parade have commenced new civil proceedings in Germany against those involved in organising the tragic 2010 festival. There have been over unsuccessful 30 civil cases brought against festival promoter Lopavent, the city of Duisburg and the state of North Rhine-Westphalia since 2010. In April this year a court that no one would stand tria...

Live Nation faces claims from injured fans
Health & Safety , Live Events / October 2016
USA

HEALTH & SAFETY Live events sector   Fourteen fans and three workers are suing promoter Live Nation and performers Snoop Dogg and Wiz Khalifa over injuries sustained after a fence collapsed at a concert. A total of 42 people were injured in the incident at the BB&T Pavilion amphitheatre in New Jersey on August 5. The lawsuit provides a list of injuries which included six concussions, one fractured vertebrae, a fractured c...

Australian Greens prompt review of drug laws
Licensing , Live Events / October 2016
Australia

LICENSING Live events sector   The Green Party in Australia has prompted a rewiew of  drug laws after successfully passing a motion through the Senate calling for the introduction of pill testing and an end to the use of sniffer dogs at music festivals.  The motion passed without objection from either major party, and calls for an number of harm reduction measures, including “needle and syringe programs”, “supervised injectin...

What do the European Commission’s moves on copyright really mean for the music industry?
Copyright , Internet / September 2016
EU

COPYRIGHT Online   In the context of its Digital Single Market Strategy, the EU Commission is currently engaged in a discussion of whether the liability principles and rules contained in the E-Commerce Directive should be amended – and the focus of commentators has shifted to how hosting providers have been increasingly using ‘safe harbour immunity’ in Article 14 – an alleged abuse which has led to a distor...

Judgment against Cox opens up ISP liability in the USA
Copyright , Internet , Music Publishing / September 2016
USA

COPYRIGHT Recorded music, internet   Cox Communications has been ordered to pay a $25 million dollar penalty for copyright infringements to the music rights management company BMG by a federal judge. The ruling follows a jury decision which found Cox liable for illegal movie and music downloads by its customers.   The Eastern Virginia District Court dismissed Cox’s appeal of the earlier verdict, and ordered Cox to pay BMG $...

200+ Artists Support the “Blurred Lines” Appeal
Copyright , Music Publishing / September 2016
USA

COPYRIGHT Music publishing     Some 212 musicians have attached their names to a brief supporting Pharrell, Robin Thicke and TI’s appeal in the “Blurred Lines” copyright case, including Earth Wind & Fire, R Kelly, John Oates, Linkin Park, Fall Out Boy’s Patrick Stump, film composer Hans Zimmer, Tears for Fears’ Curt Smith, Juicy J, the Go-Go’s, Frank Ocean collaborator Malay, Jennifer Hu...

Appeal filed in ‘Blurred Lines’ case
Copyright , Music Publishing / September 2016
USA

COPYRIGHT Music publishing   It comes as no surprise that Pharrell Williams, Robin Thicke and TI have filed their appeal against the verdict in the ‘Blurred Lines’ case that saw them ordered to pay $5.3m (reduced from the orginal $7.3 million) and pay over 50% of songwriting and publishing revenues to the family of Marvin Gaye, after a jury ruled last year that their song copied Gaye’s 1977 hit ‘Got to Give It U...

Belgian promoters react with fury to planned tariff rise
Copyright , Live Events / September 2016
Belgium

COPYRIGHT Live events sector   Belgian promoters have reacted with fury to an increase in festival tariffs announced by local performance rights organisation (PRO) Sabam (Société d’Auteurs Belge/Belgische Auteurs Maatschappij) which is planned for 1 January 2017. The rates shake-up will primarily affect larger festivals, which currently benefit from a discount in Sabam’s standard tariff of 6% on box-office receipts. The lowest ra...

Solfest survives police licence challenge
Licensing , Live Events / September 2016
UK

LICENSING Live events sector     Solfest which takes place near Silloth in Cumbria (August 26-28) will go ahead despite a request from the Police to revoke the event’s licence, saying organisers had failed to provide a detailed event management plan in enough time. In a report to Allerdale Council’s licensing panel members, Superintendent Gary Slater said “It is the submission of Cumbria Constabulary that the eve...

Sydney’s ‘lock out’ laws take a knock
Licensing , Live Events / September 2016
Australia

LICENSING Live events sector     The Supreme Court of New South Wales has ruled that Sydney venues are exempt from New South Wales’s controversial ‘lock-out laws’ which were introduced by the New South Wales (NSW) government in 2014 and require that music venues, nightclubs, bars and hotels lock their doors at 1.30am and not serve drinks past 3.00 in a bid to curb alcohol-related violence. The legislation has been attack...

Is Hackney using underhand methods to close down the night-time industries?
Licensing , Live Events / September 2016
UK

LICENSING / PRIVACY Live events sector     Thousands of clubbers have had their names shared secretly with the Metropolitan Police. The 200-capacity Studio Spaces was granted an alcohol licence by Hackney Council in January 2014, on the condition that director Yuval Hen supply the Metropolitan police and the council with a list of everyone attending events of 40 people or more 48 hours in advance. The Hackney Gazette reports t...

Live Nation faces claims from injured fans
Health & Safety , Live Events / September 2016
USA

HEALTH & SAFETY Live events sector     Fourteen fans and three workers are suing promoter Live Nation and performers Snoop Dogg and Wiz Khalifa over injuries sustained after a fence collapsed at a concert. A total of 42 people were injured in the incident at the BB&T Pavilion amphitheatre in New Jersey on August 5. The lawsuit provides a list of injuries which included six concussions, one fractured vertebrae, a frac...

Hard Rock cleared in Akoi incident
Health & Safety , Live Events / September 2016
USA

HEALTH & SAFETY Live events sector   A jury has rejected a concert-goer’s claim for $10.7 million in damages against Hard Rock Hotel after she was injured at a Steve Aoki show when the DJ leapt into an inflatable raft in the crowd. Brittany Hickman, then in her mid twenties, allegedly suffered a concussion and a broken neck when she became trapped under the inflatable raft during a performance at Hard Rock in San Diego in 2012....

Hard Music California leaves three dead in 2016
Health & Safety , Live Events / September 2016
USA

HEALTH & SAFETY / LIABILITY Live events sector   The Hard Music Summer Festival in California has left three people dead. The festival, in its ninth year, takes place at the Auto Club Speedway in San Bernardino County, about 50 miles east of Los Angeles. The music festival experienced two tragic deaths last year in 2015  Some 325 arrests were made at this year’s festival and Sheriff’s officials told KTLA that drugs includi...

FTC takes a look at hidden endorsements
Artists , Competition / September 2016
USA

COMPETITION Artistes   The US Federal Trade Commission (FTC) is planning to regulate ‘hidden’ endorsements by celebrities who promote brands and products through selfies, blogs, Facebook and Instagram postings, and other social media platforms  – without ever revealing they are being paid. The Federal Trade Commission has also said that hashtags like #ad, #sp, #sponsored – common forms of disclosure –...

Sony buyout of Sony/ATV gets EU consent
Competition , Music Publishing / September 2016
EU

COMPETITION Music Publishing   MBW reports that Sony Corporation has been granted unconditional permission by the European Commission to complete its buyout of the Jackson Estate’s 50% stake in Sony/ATV. The deal faced opposition from quarters including Warner Music Group and indie label body IMPALA, but EU regulators have now ruled in Sony’s favour saying “The transaction will not materially increase Sony’s market power ...

London local authorities battle over plans for more common concerts
Licensing , Live Events / August 2016
UK

LICENSING Live events sector     IQ reports that two London councils are at loggerheads over plans hold more concerts and large-scale live events on Clapham Common. The the 220-acre park is managed and maintained by Lambeth Council, but the South half of the Park lies in neighbouring Wandsworth, and the latter council has voiced “serious concerns” over a new events strategy proposed by Lambeth that paves the way for the b...

Ban on audience pyrotechnics moves closer in the UK
Licensing , Live Events / August 2016
UK

LICENSING Live events sector   MPs have supported a law banning flares and fireworks from UK music concerts and festivals. Conservative MP Nigel Adams put forward the amendment to the Police and Crime Bill, which would make it illegal for concert-goers to carry pyrotechnics including flares, fireworks and smoke bombs into a venue. Flares have been banned at sporting events since 1985. It is a criminal offence to enter or attempt...

Appeal of Mason’s outdoor entertainment law is on the way
Licensing , Live Events / August 2016
USA

LICENSING Live events sector   Residents opposed to music concerts at Marty’s Driving Range in Mason plan to appeal the Board of Selectmen’s denial of a new special town meeting to reconsider a recently approved zoning amendment that will allow the driving range to bring back outdoor entertainment. The move has split the town, which voted 240 to 165 in favour of the move at a special town meeting to amend the town’s zoning regu...

IsoHunt founder finally settles with the Canadian content industries
Copyright , Internet , Music Publishing / August 2016
Canada
USA

COPYRIGHT Internet, film, recorded music   One of Canada’s longest-running copyright infringement lawsuits has ended with a judge in Vancouver announcing a $65 million settlement in the IsoHunt case that dates back to 2008. According to various reports, Gary Fung, founder of isoHunt Web Technologies Inc, which was found to have infringed music and film companies’ copyrights in both Canada and the USA , shared music files via is...

Stairway to Heaven decision to be appealed
Copyright , Music Publishing / August 2016
USA

COPYRIGHT Music publishing   The estate of musician Randy California, of L.A. rock band Spirit, intends to appeal the jury verdict last month that found that Led Zeppelin did not lift music that formed the basis for the group’s hit “Stairway to Heaven” from an earlier Spirit instrumental, “Taurus”. The appeal against the unanimous verdict in U.S. District Court in Los Angeles will challenge the conclusion that even thoug...

Google don’t need to filter ‘torrent’ searches in France
Copyright , Internet / August 2016
France

COPYRIGHT Internet   The High Court in Paris has held that search engines Google and Bing are not required to automatically filter “torrent” related searches to prevent piracy. The court said that the proposed filter, requested by the local music industry group SNEP, would be too broad, ineffective, and target legitimate content as well.   SNEP had argued that, when paired with the names of three artists it represented...

Virgin told to implement three strikes in Ireland – but who pays?
Copyright , Internet / August 2016
EU
Ireland

COPYRIGHT Internet     The Court of Appeal in Ireland has ruled that Ireland’s second largest internet service provider, Virgin Media, must take steps to deal with illegal music downloading, upholding a March 2015 High Court decision that required UPC (since taken over by Virgin) to set up a ‘three strikes’ regime whereby infringers of copyright are identified, warned and their service withdrawn if they do n...

Apple suggests new royalty rate for streaming music

COPYRIGHT Music publishing, internet, artistes     Apple has filed a new proposal with the US Copyright Royalty Board which it says it hopes will “simplify” songwriting royalties in the States by 2018. Apple has suggested that all on-demand streaming services should pay songwriters a statutory rate of 9.1 Cents every 100 plays – a per-stream rate of $0.00091, or $910 per million streams, or $910,000 for a b...

Were Sony’s MFN deals with Rdio anti-competitive?
Competition , Music Publishing / August 2016
USA

COMPETITION Recorded music   Sony Music has said that the suggestion of antitrust violations are “nothing but speculation and conjecture” and a pretext for avoiding $17 million claim and allegations of fraud by Rdio, which has been in Chapter 11 bankruptcy since November 2015. Rdio received $75 million from Pandora for the sale of assets – and Sony want their share – but is now facing some serious allegation...

Spotify launch anti-trust claims against Apple
Competition , Internet / August 2016
EU
UK
USA

COMPETITION Internet   Music streaming platform Spotify has accused Apple of using its control of the iOS platform and App Store to keep the latest Spotify app out of the iOS ecosystem, in a move that favours its own Apple Music service. Spotify said that Apple rejected a new version of the firm’s app from the App Store, citing various technicalities. Apple has insisted that Spotify’s app did not conform to “busines...

DofJ’s decisions on music licensing upset everyone
Competition , Music Publishing / August 2016
USA

COMPETITION Music publishing   In a major setback to music publishers, the Justice Department decided this week it will not alter a decades-old system that requires royalty collection societies ASCAP and BMI to license songs to everyone at a fixed rate.  The Justice Department dealt another potential blow to the music industry by calling for so-called “100% licensing.” In cases involving songs with multiple songwriters. This would...

Michigan court finds that a free stream is not a ‘rent, lend or sale’
Copyright , Internet , Music Publishing / August 2016
USA

COPYRIGHT / PRIVACY Internet, recorded music   The Michigan Court of Appeals has confirmed that music service Pandora didn’t violate a 20 year old Michigan privacy law by allegedly disclosing information about users of its free service to Facebook. in a unanimous decision the court said that the state’s Video Privacy Protection Act doesn’t apply when companies stream music to users for free. That law prohibits compan...

Florida’s Supreme Court to look at pre-72 copyrights
Copyright , Music Publishing / August 2016
USA

COPYRIGHT Recorded music   Florida’s Supreme Court will now hear the three year old class action brought by former members of the Turtles after the The 11th U.S. Circuit Court of Appeals on Wednesday certified questions of state law to the Florida Supreme Court i Howard Kaylan and Mark Volman, known as Flo & Eddie, filed suit in California, New York and Florida against satellite radio operator Sirius XM, arguing that Pr...

Russian collection society chief arrested on fraud charges
Criminal Law / August 2016
Russia

CRIMINAL LAW Collective Management   Sergei Fedotov, head of the Russian author’s rights collecting society RAO, has been arrested on suspicion of fraud.  Russian news service RIA Novosti said that Fedotov has been accused of funnelling assets worth of over ₽500 million rubles ($7.7 million) out of the organisation. RAO’s office and Fedotov’s home were searched by police on June 27th after which Fedotov was brough...

Utsick faces substantial jail term
Criminal Law , Live Events / August 2016
USA

CRIMINAL LAW Live events sector   Jack Utsick, the former concert promoter who was charged with defrauding an estimated 3,300 investors out of nearly US$300 million, faces up to 20 years in prison after pleading guilty to a mail fraud charge. Many who lost substantial sums were former airline pilots, Utsick’s own former profession. Prosecutors say that that Utsick, 73, who appeared in court in Miami, operated his promotion c...

Former SFX directors to face criminal charges?
Criminal Law , Live Events / August 2016
USA

BANKRUPTCY / CRIMINAL LAW Live events sector     The new management of SFX Entertainment – reported to be led by two senior creditors, investment firms Allianz and Axar Capital Management – have signalled their intention to bring charges against the company’s former directors, including ex-CEO Robert FX Sillerman. New documents, filed in the Delaware bankruptcy court, outline alternative post-bankruptcy plan for the dan...

Digitally re-mastered tracks are NOT pre-1972 copyrights
Copyright , Music Publishing / July 2016
USA

COPYRIGHT Recorded music   The Turtles may have done well in battering Sirius XM’s attempts to avoid paying royalties for the use of pre-1972 copyrights, but now CBS Radio has advanced an interesting new argument on the same topic – and a California judge has handed down a big ruling that could help “immunize” terrestrial radio operators and others from lawsuits and “upend many preconceived notions ...

German Constitutional Court sends sampling saga into another loop
Copyright , Music Publishing / July 2016
Germany

COPYRIGHT Recorded Music   By Mark Schweizer In 1997, German music producer Moses Pelham took a two second sample from Kraftwerk’s 1977 song “Metall auf Metall” and used it as a continuous loop for the song “Nur mir” performed by Sabrina Setlur. In 2004, Kraftwerk sued Pelham for violation of their phonogram producers’ rights and obtained an injunction against the distribution of “Nur mirR...

Is music sampling back in Vogue?
Copyright , Music Publishing / July 2016
USA

COPYRIGHT Recorded music   A US Appeals court has decided that Madonna did not violate copyright law when her producer allegedly used a short section of music taken from another recording for her hit song “Vogue”. The split 2-1 decision must  call into doubt the strict approach taken by the 6th Circuit Court of Appeals in the leading case of Bridgeport Music, Inc., et al. v. Dimension Films, et al 410 F.3d 792 (September 20...

Sorry not sorry – Justin Bieber and Skrillex deny copying vocal loop to produce ‘Sorry’
Copyright , Music Publishing / July 2016
USA

COPYRIGHT Recorded Music   By Emma Perot writing for the IP Kat   Justin Bieber and Skrillex have been accused of copyright infringement by artist Casey Dienel, aka White Hinterland. The suit probably does not come as a complete surprise to the duo, as Dienel claimed that she contacted Bieber’s lawyers when “Sorry” was initially released, but did not receive a response.   Dienel alleged that Bieber and Skrillex, whos...

Sheeran claim puts ‘Blurred Lines’  back in focus
Copyright , Music Publishing / July 2016
UK

COPYRIGHT Music publishing   Two musicians based in California are suing Ed Sheeran for $20m (£13.8m) over alleged copyrigt infringement of one of their songs in Sheerhan’s single ‘Photograph’. Martin Harrington and American Thomas Leonard claim ‘Photograph’ has a similar structure to their song, ‘Amazing’. The two songwriters allege Ed Sheeran’s 2015 ballad has the same musical co...

ARTICLE LINKS – the Led Zeppelin case
Copyright , Music Publishing / July 2016
UK

COPYRIGHT Music publishing Led Zeppelin Wins Copyright Infringement Suit Over Opening Lick of ‘Stairway to Heaven’ http://abcnews.go.com/Entertainment/led-zeppelin-wins-copyright-infringement-suit-opening-lick/story?id=40026259 Led Zeppelin cleared of stealing riff for Stairway to Heaven. Los Angeles jury finds Robert Plant and Jimmy Page did not steal the most famous passage from the 1971 anthem from the band Spirit http:...

Does Axl’s photograph claim carry any weight?
Artists , Copyright / July 2016
USA

COPYRIGHT Artistes, photography   Guns N Roses and now AC/DC frontman Axl Rose has filed six DCMA take down notices in what is seen as an attempt remove an unflattering photo of him from a 2010 Canadian concert from the web. The requests were filed on behalf of Rose by anti-piracy firm Web Sheriff, and all target examples of the same picture hosted on Blogspot and GoogleUserContent domains which have has spawned a series of ‘F...

Slovakian music quotas to be tested
General / July 2016

BROADCASTING REGULATION Broadcasting   Slovakia’s General Prosecutor Jaromír Čižnár has said that he will test the constitutionality of state imposed broadcasting quotas. The obligatory quotas, introduced on April 1, 2016, force private radio stations to play 20 percent of Slovak musi,  which will rise to 25 percent as of 2017. Public radio must offer 30 percent now and 35 percent next year. The Prosecutors’s offi...

New UK review of secondary ticketing leaves some disappointed
Competition , Live Events / July 2016
UK

COMPETITION Live events sector   The much-anticipated independent review of the UK’s secondary ticketing market, commissioned by the British government in October 201, has divided industry figures with its call for greater enforcement of the Consumer Rights Act (CRA) but no recommendation for any new legislation. Some provisions of the Act remain largely ignored, despite the Government introducing amendments to create greater trans...

Kanye West’s ‘Famous’ music video: publicity rights vs the First Amendment
Artists , Image Rights / July 2016
USA

IMAGE RIGHTS Artistes   By Emma Perot   Kanye West’s music video for “Famous” has sparked outrage for portraying naked celebrities in bed, in the form of life-like wax figures. It is not simply the nudity, but the individuals portrayed, which has led to criticism; Rihanna is seen lying next to former boyfriend and abuser, Chris Brown, alleged serial rapist Bill Cosby is featured, as well as Taylor Swift, Anna Wintour and...

Roc Nation face claim for cancelled Rihanna show
Contract , Live Events / July 2016
Nigeria

CONTRACT Live events sector   A Nigerian concert promoter is suing Jay Z’s company Roc Nation for allegedly failing to pay back a US$160,000 deposit for a cancelled Rihanna show in Lagos. IQ report that The Barbadian singer is said to have pulled out of a May 2013 appearance in the Nigerian capital, booked by Chris Ubosi’s Megalectrics via Roc Nation, the Jay Z-owned label and production company. According to the New York Dail...