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Topic: Music Law
The new items published under this topic are as follows.


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New Internet Music Royalty Agreement Reached
on Thursday, February 19, 2009 - 04:05 AM Posted by: admin
Music Law
An agreement between the National Association of Broadcasters ("NAB") and SoundExchange (royalty collectors) was reached February 17, 2009 covering the Internet streaming operations at several thousand NAB member stations, including those owned by Clear Channel Communications Inc. and CBS Corp. Stations that are not members of the broadcasters' group have the option of joining the agreement, according to the NAB. The stations will now pay $1.50 for every song heard by a thousand listeners in 2009, rising to $2.50 per 1,000 listeners in 2015.

This agreement comes several weeks after SoundExchange struck a similar deal with the Corporation for Public Broadcasting. Under that agreement, SoundExchange gets an upfront royalty payment of $1.85 million for streaming of sound recordings on numerous public radio web sites from Jan. 1, 2005, through Dec. 31, 2010.

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ASCAP Slams Tampa Bay Downs for $90,000
on Wednesday, January 07, 2009 - 11:16 PM Posted by: admin
Music Law
On Tuesday, January 6, 2009, U.S. District Judge for the Middle District of Florida, Virginia Hernandez Covington, ordered Tampa Bay Downs to pay the American Society of Composers, Authors and Publishers (ASCAP), $90,000 in copyright statutory damages for using their music without a license. Additionally, Judge Covington granted a permanent injunction preventing Tampa Bay Downs from playing any ASCAP controlled compositions without permission. Covington also held Tampa Bay Downs president Stella Thayer responsible for the violations, saying she had the authority to supervise the racetrack's conduct. Apparently, Tampa Bay Downs did not comply with ASCAP's pre-suit notice to cease and desist playing its controlled compositions wthout license until after suit was filed.

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Bass Player's 23rd Psalm
on Saturday, November 29, 2008 - 06:41 PM Posted by: admin
Music Law
The Lord is my drummer, I shall not rush,
He maketh me to layout in tasteful places,
He leadeth me beside cool meter changes,
He restoreth my "one."
Yeah, man, though I read through the
trickiest of charts, I will fear no train wrecks,
For you are with it.
Your ride and your snare they comfort me,
You setteth up a solo for me
In the presence of mine guitarists,
You anointeth my lines with drive,
My groove overfloweth.
Surely good feel and swing will follow me
through all the tunes of each set,
And I will dwell in the pocket
the whole gig long.
Amen

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Digital Download Royalty Rate Set by Board
on Friday, October 03, 2008 - 01:33 AM Posted by: admin
Music Law
On October 2, 2008, the three member Copyright Royalty Board froze the digital download royalty rate due music publishers for donwloaded music for the next five years at 9.1 cents a song. The board also set the same rate for CDs and established a 24-cent rate for ringtones.

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Mechanical Royalty Agreement Silent on I-Radio
on Thursday, September 25, 2008 - 07:43 PM Posted by: admin
Music Law
In Washington on Tuesday, September 23, 2008, an agreement was reached between the Digital Media Assn., the National Music Publishers' Assn., the Recording Industry Assn. of America, the Nashville Songwriters Assn. International and the Songwriters Guild of America with respect to mechanical royalties for interactive streaming music and limited music downloads. However, the agreement did not address the controversial performance royalty for Internet radio.

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ASCAP Gives Radio Internet Simulcast Rights
on Wednesday, October 20, 2004 - 04:44 AM Posted by: elliot
Music Law
The American Society of Composers, Authors and Publishers announced on October 18, 2004. that it has reached a 1.7 billion dollar deal with the Radio Music License Committee to let stations simulcast their on-air content over the Internet.

Read the article at CNet News.

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NY District Court Strikes Music Bootlegging Law
on Sunday, September 26, 2004 - 05:30 AM Posted by: elliot
Music Law
U.S. District Judge Harold Baer Jr. dismissed a federal indictment of Jean Martignon, who runs a Manhattan mail-order and Internet business that sells bootleg recordings. The judge struck down a 1994 law banning the sale of bootleg recordings of live music, ruling the law unfairly grants "seemingly perpetual protection" to the original performances. Cf. U.S. v. Moghadam, 175 F 3d 1269, 1272 (11th Cir. 1999).

Read the article here.

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De Minimus Sampling Illegal
on Saturday, September 11, 2004 - 09:18 AM Posted by: elliot
Music Law
The 6th Circuit Court of Appeals (TN) held digital sampling of a sound recording, no matter how minimal, constitutes copyright infringement. See Bridgeport Music, Inc. et al. v. Dimension Films et al.; Case Nos. 02-6521, 03-5738; September 7, 2004. Read the decision here.

Cf. Newton v. Diamond, Horowitz, and Yauch; 9th Circuit Court of Appeals (CA), 349 F 3rd 591, Nov. 4, 2003. Read the decision here.

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MP3 Developers Adding Digital Rights Management
on Tuesday, March 02, 2004 - 06:45 AM Posted by: elliot
Music Law
Thomson and Fraunhofer, the companies that license and own the patents to MP3 digital music technology, are creating a new digital rights management add-on for the popular format, which should be available by the end of 2004.

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Parody of a Musical Composition
on Tuesday, February 17, 2004 - 11:50 AM Posted by: elliot
Music Law
Is parody a viable defense to claimed copyright infringement of a purely musical composition by the author of the initial work?

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CyberLaw.Info (tm): Board Certified AV Rated Intellectual Property Firm, CyberLawyers, & Entertainment Attorneys in Florida. CyberLaw, Internet Law, Entertainment Law, Music Law, Technology Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.


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Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 100 NW 70th Avenue, PH 203, Plantation, Broward County, FL 33317, Phone: 954.565.6996, Email: legal@cyberlaw.info.

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