Posts Tagged: "digital music"

Senators Urge Copyright Office to Reject DLC Request for Delayed Payments to Songwriters

A bipartisan group of senators on Friday sent a letter to Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, expressing their concern about a letter sent by the Digital Licensee Coordinator (DLC) to the Office requesting that any obligation of DLC member companies to make retroactive royalty payments to copyright owners as a result of an imminent decision be delayed. The letter clearly stated that the senators are opposed to any concessions to DLC companies that would extend the timeline for payments to songwriters.

Copyright Office Seeks Mechanical Licensing Collective Members

The U.S. Copyright Office recently published a Notice in the Federal Register regarding Title I of the Orrin G. Hatch – Bob Goodlatte Music Modernization Act (MMA). This section of the law created a new blanket licensing system that governs the licensed uses of musical works by digital music providers. In this recent notice, the Copyright Office is seeking input to identify entities which are appropriate for inclusion in the Mechanical Licensing Collective (MLC) that will manage the new blanket licensing system.

ReDigi 2.0: The Legal Debates Regarding Digital Resale of Copyright Music Likely to Continue

Just after Capitol Records filed its complaint in this litigation, ReDigi launched a new service, called ReDigi 2.0. With ReDigi 2.0, customers would originally download iTunes music files directly from Apple onto a specific physical location on ReDigi’s server, from which they could then stream their music or download it for personal use on their own media devices.  When a customer chose to sell a digital file, ReDigi would retain the file in the same server space and simply assign “title” to the new owner.  Thus, there would be no duplication of files, and the content would be transferred along with the original physical media. For now, we don’t know the legal status of such a system because it was introduced too late for it to be reviewed in this litigation.

The Music Modernization Act is Introduced Into U.S. House, Would Create Blanket Licenses for Streaming Music Services

a bipartisan group of Representatives serving on the House Judiciary Committee introduced the Music Modernization Act (H.R. 5447) into the U.S. House of Representatives. Along with broad political support, the Music Modernization Act reportedly has wide support among both song creators and distribution platforms within the industry. The bill, which would enact the largest changes to U.S. music copyright law in 20 years if passed, also incorporates elements of other music copyright laws which have been introduced but failed to pass in recent years.

Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from iTunes could sell the music that they no longer wanted.  In a nutshell, the system allowed the owner of a digital file to transfer the music to ReDigi’s cloud storage locker, from which ReDigi could then sell it to a willing buyer for a lower price than the cost of an “original” purchase from the iTunes Store.  When a sale was made, Redigi would retain 60% of the sales price, while the seller and artist got 20% each. Although the process of transferring a file from an owner’s personal computer to ReDigi required that it be reproduced on ReDigi’s server, the system removed the file from the owner’s personal computer as the file was moved.  Capitol Records, the copyright owner of many music files sold over the ReDigi system, sued ReDigi for copyright infringement, alleging that the company reproduced and distributed its copyrighted works without permission.

In the Era of Spotify and Pandora Where Do ASCAP and BMI Fit?

In traditional music recording, artists have had to choose to license their music through major music industry organizations like ASCAP and BMI. In the age of streaming music through Spotify, Pandora and other services what is the purpose of these organizations? The licensing groups have served as clearinghouses for smaller players in the music industry who cannot feasibly deal with multitudes of licensees on their own. But with Taylor Swift and other “major” artists choosing to deal—or not deal—with the streaming services that opens the question about blanket music performance licenses.

Owners of Prince’s copyrights sue Roc Nation, owned by Jay Z

Entities owning the copyrights to music created by the late pop star Prince had filed suit against Roc Nation, the entertainment company owned by rapper Jay Z, which is affiliated with the streaming music service Tidal. Plaintiffs NPG Records and NPG Music Publishing allege that Tidal and Roc Nation have engaged in copyright infringement by adding a series of 15 unauthorized Prince albums to the Tidal catalog this June. The case is filed in the U.S. District Court for the District of Minnesota.

Spotify, Pandora land top spots in growing online music streaming sector

A report issued in March of this year found that a full 45 percent of the 119 million people listening to online radio services were tuning into Pandora’s service. Pandora also had the greatest brand awareness, registering with 75 percent of survey respondents. The study also found that 73 percent of people accessing online streaming music services did so through their smartphones. However, in terms of paid subscribers, Pandora has to cede that crown to Spotify, headquartered in Stockholm, Sweden. In late October, the Spotify app became the top grossing app downloaded from the iPhone App Store. Of Spotify’s 60 million streaming music users, 25 percent of those users pay for the premium music subscription, gaining its 15 millionth paid subscriber just as the 2015 calendar year started. As of March 2014, Pandora only had 3.3 million paid subscribers in its total registered user base of 250 million people.

WIPO Director General Says its Time for Legal Digital Marketplace

Looking forward to an intermediate and longer-term horizon, Gurry explained that Member States should seize the moment to work toward establishing a legal global digital marketplace to replace. He explained that fears about such a global marketplace should not bog down the effort because there is already a global digital marketplace in effect, but that the one currently in existence is one that is an illegal marketplace that does not respect the rights of creators.

Apple Patent Apps Include 3 For Digital Rights Management

The system laid out in these three interrelated patent applications would create an entire secondhand market for digital content like eBooks, music files and other software by managing access rights for a single file across multiple users. For example, a user could choose to sell the digital access rights to a music file to another user. When the transaction takes place, the server hosting the file receives a notice that access has shifted from one user to another. The patent’s methods also mention facilitating a money transaction with the access transfer. This system would also help users who want to access their DRM content on a different device; often, an individual cannot access their content between different computers, even if they have access rights.

Digital Music Reseller Partners with Apple iTunes and Artists

Those who have followed the digital music wars over the years no doubt recall the battles between the Recording Industry and various MP3 file sharing websites. Through the haze of these legal battles Apple started its iTunes® service as a legitimate and licensed service that offered a mechanism to purchase one song at a time for a reasonable price and without the fear of unknowingly downloading a virus and without the fear of being a copyright infringer that might one day be sued as an example. A deal between ReDigi and Apple should solve one potential problem for ReDigi, namely whether the resale of songs purchased from iTunes is legal. It would seem that Apple must be OK with the ReDigi platform, perhaps paving the way for the entire ReDigi business model to solidify as a legitimate offering.

Digital Property Rights – An Evolving Business Landscape

With the advent and rise of the Internet, digital property rights have become an increasingly hot-topic in the Board rooms and Executive Offices of major companies, particularly those in the hi-tech industry. Much like the information protected under intellectual property rights, digital products provide their creators with certain protections under the law. The problems and legal challenges facing major companies like Yahoo and Facebook will help better define the laws surrounding digital property rights, and likely present opportunities as well as a whole host of new legal questions.

Energy Efficient Apple Device Provides Enhanced Copyright Protection for Digital Music

Last week a patent application on an energy efficient device that provides enhanced copyright protections was published, not surprisingly with Apple, Inc. as the assignee. On Thursday, February 4, 2010, US Patent Application 20100030928 published, titled Media processing method and device. Certainly not the most sexy title possible, but the thrust of the invention is a device that allows the…

Recording Industry Victory in Usenet File Sharing Case

The recording industry has scored gold in its court battle with Usenet, which advertises itself as a massive online file sharing community. See: Arista Records v. Usenet, 07 Civ. 8822 (S.D.N.Y. June 30, 2009) The case, filed back in 2007, pitted the record companies against Usenet, with the recording industry alleging widespread infringement of copyrighted recordings through downloading over the…

RIAA Challenges Copyright Hearing Broadcast

While it seems on one hand that the Recording Industry Association of America (RIAA) is standing down its enforcement efforts, there are several reasons to wonder whether this is really the plan or if there is more under-handed and insidious behavior yet to come. As was discussed on Monday, an RIAA favorite attorney will become the Deputy Attorney Generalof the…