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Tag Archives: Music
The three remaining original band members of the Stone Temple Pilots sued expelled member Scott Weiland in May 2013 claiming breach of their written partnership agreement, breach of fiduciary duty and trademark infringement.
Weiland was voted out of the group in February 2013. The four group members operated under a written band partnership that allows a partner to be ousted for numerous reasons, including not making the band a top priority. The complaint provides a look at the various ways in which Weiland was not putting the band first and how he was subsequently “sabotaging” the band’s tour and new album release.
Weiland subsequently contersued the band accusing the members of conspiracy to oust him and demanding the band/partnership be dissolved.
There are four federal trademark registrations for STONE TEMPLE PILOTS owned in the name of the Stone Temple Pilots partnership and listing the four original partners, including Weiland, as the partners. Might we see some issues at the USPTO regarding those registrations and who is the proper party to maintain ownership?
More to come as this case progresses. We always love a good band name dispute.
BMG Rights Management, formed in 2008 and jointly owned by Bertelsmann AG and Kohlberg Kravis Roberts & Co., spent 2010 acquiring one high-profile music publishing catalog after another. Since its founding, BMG Rights has inked more than 400 publishing deals, with at least 10 news-worth acquisitions in 2010 and two already in 2011. Some of the acquired catalogs were owned and operated as large corporate conglomerates. But, for some songwriters there may be an adjustment from the small indie publisher “personal relationship” to working with a multi-billion dollar corporation.
With the assistance of my legal intern Abby Kweller, I will outline over the course of several blogs posts the various acquisitions made by BMG Rights Management in 2010 and 2011. You can read Part 2 here and Part 3 here.
Cherry Lane Music Publishing Co. Inc. (March 2010)
BMG Rights Management started 2010 with the acquisition of Cherry Lane Music in the first quarter. The Cherry Lane Music catalog includes hits written by the Black Eyed Peas, John Denver, Elvis Presley, John Legend and Quincy Jones.
This acquisition brought the number of song copyrights owned by BMG Rights Management to more than 140,000. The estimated purchase price was between $85 and $100 million.
Cherry Lane Music has both a substantial legacy/back catalog as well as active/current songwriters that continue to add new hits to the catalog.
Adage IV (June 2010)
In June 2010, Cherry Lane Music added classic songs “Why Do Fools Fall In Love,” “Stay,” and “Little Darling” to its holdings as part of the acquisition of Adage IV Music. Adage IV was established as a music publisher that acquires legacy, time-tested song copyrights. Cherry Lane Music picked up an additional 500 song titles from Adage IV, bringing the catalog closer to the 150,000 title mark.
Stage Three Music (July 2010)
On July 15, 2010, BMG announced its third 2010 acquisition of leading independent publishing company Stage Three Music. Stage Three Music acquired the rights to catalogs they believed to contain classic songs. Hits from Aerosmith, David Essex, Macy Gray, Rascal Flats, and ZZ Top are some of the 39 artists and 29 writers that Stage Three controlled. Stage Three’s held the rights to over 18,000 titles, so this acquisition brought BMG’s catalog up to approximately 168,000 titles. During the time of this acquisition, Executives believed this deal gave rise to BMG ranking fifth in terms of worldwide-music-publishing market share. The purchase price of the deal was not disclosed.
Be on the look-out for additional blog posts summarizing the transactions.
A Canadian Appeals Court ruled that 30-second samples of songs on download websites are not “performances” and are exempt from public performance royalties in Canada.
Are the US performance rights organizations BMI, ASCAP and SESAC ready to test the waters in the US to see if “previews” available on iTunes, Amazon and Rhapsody meet the standard of a “public performance” under the US Copyright Act?
Lucasfilm, Ltd. and Lucasfilm Entertainment Company, Ltd. filed a lawsuit against EZ2Fly, Inc., et. al for the manufacture and distribution of unauthorized merchandise that are remarkable similar to authorized STAR WARS branded toys.
Lucas alleges EZ2FLY advertised and sold a replica of the STAR WARS X-WING STARFIGHTER online and at trade shows, titled as “X-WING.” The plaintiffs also allege the STAR WARS theme music was played in connection with advertising for the products.
The complaint, filed April 8, 2010, in the Central District of California, alleges copyright infringement, false designation of origin and false description, trademark infringement, state common law trademark infringement, and unfair competition, among other claims.
Music paralegal Katherine Stimson is speaking March 27 at the 2010 MEIEA Conference at the University of Miami.
Katherine, a music paralegal with the Bennett Law Office, is a panelist on, “Make New Friends While Keeping the Old: Climbing the Social Ladder Without Alienating Your Audience.” The focus is creating a social media movement, not campaign, that builds the artist’s relationship with their audience.
Fellow panelists include: Taylor Vick, eMarketing Manager, Naxos of America, Inc.; Janet Hagan, E-commerce Marketing Manager at Naxos of America, Inc.; Tony Groticelli, President, TOGA Entertainment; Fran Vincent, author and founder / president of Retro Island Productions, Inc.
MEIEA is the Music and Entertainment Industry Educators Association, an international organization that brings together leaders of the entertainment industry with educators and students. More information about the 2010 annual conference can be found here.
If music impacts your life, consider supporting one of two wonderful charitable organizations: Grammy Foundation or MusiCares.
I am honored to co-captain for the Texas Chapter of The Grammy’s the 2010 Giving Campaign.
Do you know…
… a talented student whose school’s music budget has been cut?
… a music professional who doesn’t have health insurance and is facing eviction?
… a music archive in peril of being lost for lack of preservation funds?
MusiCares and the GRAMMY Foundation work to solve these issues every day. Now you can help.
Join “Giving 2010,” the first annual GRAMMY Charities Grassroots Giving Campaign — April 1 through May 15.
- Ask for donations in lieu of birthday gifts.
- Use your social networks to engage others in the cause.
- Share your tip jar for the duration of the campaign.
Everyone has a part to play. Because No One Should Have To Go Solo.
Kick off NX35 2010 networking with the people who make music happen in Denton and the DFW area. Music Makers Mixers are held several times a year around the Denton/Dallas/Fort Worth area as networking opportunities for music biz professionals including artists, producers, engineers, songwriters, attorneys, accountants, managers, booking agents and members of The Recording Academy® Texas Chapter (the “Grammy®” folks).
Hosted by The Recording Academy® Texas Chapter Board of Governors: Chris Bell, GRAMMY® Nominated Engineer; Tamera Bennett, Bennett Law Office/Farm to Market Music; Monique Headley, Launch Media & Entertainment; Paul Levatino, PL Presents/Erykah Badu; Paul Middleton, Palmyra Studios; Chuck Rainey, GRAMMY® Award-Winning Artist.
More than 20,000 fans are expected to attend the four-day NX35 music conference, which will include performances by the Flaming Lips (FREE outdoor performance), Midlake, The Black Angels and Neon Indian. Other big attractions include a discussion with producer / musician / journalist Steve Albini and the grand opening of a museum honoring the history of the 8-track tape.
More information on the Mixer and to RSVP click: http://nx35-grammys.eventbrite.com
The Wall Street Journal blog today has a fun and informative blog post about how hard it is for bands to come up with names and the trademark issues that often arise with confusingly similar band names.
Two of my favorite band names that never made it outside of the Nashville music publishing office I worked in:
Two Gentiles and a Jew. Actually pretty descriptive of the trio.
A Lover and a Fool. This duet had a birthday on Valentine’s day and a birthday on April Fool’s Day.
For years, the estate of Roger Miller has battled with Sony Music over the ownership of the copyright in songs written by Miller in 1964. In 1964 Miller was under contract with Tree Publishing, which eventually became part of Sony Music. Pursuant to his exclusive songwriter agreement, Tree owned the copyright for the initial 28 year term and for the 28 year renewal term in the songs Miller wrote.
The renewal provisions under the 1909 U.S. Copyright Act were created to give songwriters, authors (other creators) the ability to recapture rights for their family that they may have transferred away. That all sounds clear. But interpretation of this code section (17 U.S.C. 304) in relationship to what happens if the songwriter dies during the 28th year, prior to the renewal term starting in the 29th year, has been difficult and the Roger Miller estate is in the thick of the issue.
Miller died in 1992, the 28th year after writing songs such as “King of the Road” and “Dang Me.” The question pending, does Sony own the renewal copyright because they filed a renewal application in the 28th year prior to Mr. Miller’s death or do Miller’s heirs own the renewal copyright because he died prior to the commencement of the 29th year.
For recent discussions review this article in The Tennessean.
by Tamera H. Bennett
The U.S. Postal Service teamed up with Concord Music Group and released a 13 track CD of holiday tunes that are distributed exclusively at Post Offices and via the USPS website.
The album charted at Number 3 on the Billboard album chart on its first week in the stores. USPS purchased 170,000 units from Concord and 12,000 sold at retail the first week available.
Concord released a “Charlie Brown Christmas” compilation with the USPS three years ago. Many of Concord’s releases are currently sold via their relationship with Starbucks.
Great article here about the project.
Kudos to my paralegal Katherine Stimson for “spying” the CD’s at the Post Office and researching the history.
When will the music industry develop a “Got Milk?” style campaign to educate consumers on illegal downloads?
I presented that question at the International Esq, / Variety sponsored Media and Entertainment Law Series panel discussion in Beverly Hills on November 19, 2009.
I was somewhat surprised that the majority of my co-panelists, both from the tech industry and music industry, felt that anti-piracy education was ineffective in deterring music piracy.
After talking with panelists and attendees following the event, I believe the real distinction is between education and enforcement. The RIAA’s actions in suing end-users was an unsuccessful campaign in stopping piracy. The RIAA claims it was successful as an education tool because “Awareness of the illegality of downloading without permission surged from 35 – 72 percent” during the end-user lawsuit campaign. Most in the industry, and consumers of music, would probably argue that enforcement is an not an effective method of education.
I guess I look at things at the most basic level. I understand education will not stop music piracy. Yet, it is a valuable tool in the tool box that should not be overlooked.
Both the software industry and the movie industry have embraced anti-piracy education. The Software Information Industry Association (SIIA) has re-worked and “spoofed” their own 1980’s video on anti-piracy with the new 2009 “Don’t Copy That 2.” For the last few years, the Motion Picture Association of America in conjunction with Students In Free Enterprise has sponsored a national college campaign for submissions of anti-piracy videos.
As I stated above, education is not the solution to stopping illegal downloads — it is part of the tool box. There is a certain level of music piracy that will always exisit as a “cost of doing business.” The industry is on the right path of meeting consumers’ demads for music that is portable between devices and easy to access. Consumers want an experience and connection with their favorite music and recording artists. Labels and artists are beginning to deliver that much demanded “digital” consumer experience. Deliverying the consumer experience is the most powerful tool in the tool box.
Once again, my thanks to entertainment attorney Gordon Firemark for asking me to co-host the Entertainment Law Update Podcast. Episode 6 is available for downloading here. Make sure to take a look at the show notes, which I have summarized below.
- Noonan v. Staples – Jury: Truthful E-Mail Sent About Fired Staples Manager Wasn’t Libelous
- Disney settles with Luxo over the Luxo Jr. Lamp
- Carly Simon is suing her record label & starbucks over poor marketing of record
- FTC New Guidelines For Bloggers
- Vent v. Mars Snackfood U.S., LLC — idea submission case in New Jersey
- The Weinstein Co. v. Smokewood Entertainment: Decision reached in “Push” case regarding writing required to transfer exclusive rights.
- Jon Gosselin has countersued TLC
- California’s new anti-paparazzi statute
- Beatles music catalog finally available online.. but is it legal?
- Radio Station liable for wrongful death of contestant
- ASCAP lost Public Performance lawsuit on ringtunes; ASCAP and BMI may bring case for Public Performance in film/tv downloads
- Copyright Termination of Transfers under §203 and §304.
- Celebrity Identity Theft with guest Samantha Rothaus.
by Tamera H. Bennett
Labor Day weekend marks the 40th anniversary of the “Texas International Pop Festival” held just a few miles south of my office at the old speedway.
Over 100,000 folks were “Lewd in Lewisville” listening to artists including B.B. King, Canned Heat, Chicago Transit Authority, Freddie King, James Cotton, Janis Joplin, Johnny Winter, Led Zeppelin, Nazz, Sam and Dave, Santana, Slay and the Family Stone, Spirit, Ten Years After and Tony Joe White.
Impromptu concerts rocked all night at the campground at Lewisville Lake. (Just a mile north of my office).
Go to the official event website to learn more and view the event program, see more photos, and learn about the book that is in the works.
James Polser, mentioned in the Dallas Morning News article as working security at the event, runs the historic Lewisville Feed Mill that is located a
half-block from my office in Old Town Lewisville. Read here for the history of Lewisville, Texas.
So, yes we are hip in Lewisville, just maybe not so many hippies anymore. Hope you enjoyed this tid-bit of Texas History.
Update: Our local Dallas ABC affiliate featured the Texas International Pop Festival today. Click here to watch a video of the story.
by Tamera H. Bennett
Ready for your monthly dose of all things entertainment law? Talk about speed reading … this is speed listening. Each episode is a great hour of the latest news impacting entertainment lawyers and their clients.
As always, thank you to attorney Gordon Firemark for allowing me to co-host the program.
Episode 4 Topics Include:
Copyright Office Regulation Changes
Updates on J.D. Salinger Copyright Dispute
Joel Tenenbaum Admits to File Sharing
Prevailing Party and Purposeful Availment in 9th Circuit
Erin Andrews Photo
College Athletes’ Right of Publicity
The Pope’s View on Intellectual Property Laws
The Wall Street Bull Case and The Little Mermaid Case
Copyright Issues in the Obama Poster
Lego Brand v. Spinal Tap
Episode 3 Topics Include:
Copyright Office Fee Increase and BackLog
Web Radio Settlement
ASCAP: Is A Cell Phone Ring A Public Performance
Jammie Thomas – Rassett loses file sharing suit brought by RIAA
JD Salinger prevents publication of new book
Google Class Action Update
Joel Tenenbaum Continued RIAA Litigation
Fair Use Update
Canned Music In The Theatre
Protecting The Chocolate Lindt Bunny
Special Guest Spot on Defamation Issues with Adrianos Fachetti.
Come join music industry professionals from the Dallas/Fort Worth Metroplex on August 16 for the kick-off of the Fall ’09 Grammy DFW Music Maker’s Mixers.
I enjoyed being interviewed by DayBreak USA morning show host Scott West last week regarding the status of Michael Jackson’s Estate and what will happen next.
You can listen to the interview by clicking the play arrow below.
by Tamera H. Bennett
posted June 26, 2009
Music fans of all ages are mourning the loss of the King of Pop. Almost everyone I chatted with today had a story about the first time they heard “Thriller” or saw the video. I was in high school and stayed up to midnight to see “Thriller” on the VHS station late-night video program. We lived too far out in the sticks to have cable TV — so no MTV.
The question that has been raised repeatedly today is what happens to Michael Jackson’s estate?
I suspect Michael Jackson had a strategic estate, wealth, and asset protection plan that included layers of trusts and business entities. I would be very surprised if any “major” assets were owned by Michael Jackson personally.
The largest asset is his 50% interest in the Sony/ATV music publishing catalog reportedly valued between $500 Million and $1 Billion dollars. A check of the Delaware Secretary of State shows the formal business entity for the publishing company is Sony/ATV Tunes, LLC a Delaware Limited Liability Company. I have not confirmed, but have it on a reliable source that Michael Jackson’s interest in the LLC is held by a trust. [UPDATE: The New York Times reported on June 27 this asset was held in trust]
Most likely the asset is held in a “spendthrift trust” and shielded from creditors. In this type of trust, the beneficiary has no control over the distribution of trust income or assets and the corpus (big word for initial money/asset placed in the trust) and income is no longer in the estate of Michael Jackson and could not be attached to pay his reported $500 million debt.
If the bulk of the assets are in trust, then the public may never know the extent of his estate. The trust documents, unless there is litigation surrounding those documents, would never become public record. Documents would only become public record if there is a probate of a will, will contest or other legal challenge regarding distribution of his estate.
There can be a plan in place and litigation still occur. I blogged here about the ongoing dispute among the heirs of James Brown and the challenges raised to his trust documents.
I was interviewed on this topic today by the leading music trade and hope to have a link up to that article shortly.
This link goes to a post I am continually updating on the topic of a valid will and administration of the estate. This link goes to my interview of California Probate attorney Jennifer Sawday on the topic.
Topics (with lots of links) include:
- Congratulations to Maren Christensen, Executive VP and General Counsel at Universal Studios, who’s been named Beverly Hills Bar Association’s Entertainment Lawyer of the Year for 2009.
- Supreme Court Nominee Sotomayor’s background and 2nd Circuit ruling in favor of statutory damages as deterrent.
- Backlog at the Copyright Office.
- Does the Register of Copyrights hold office lawfully? A pending Constitutional Appointments Clause challenge questions the validity of CRB appointments, but what about the Register’s ministerial Acts?
- Sports Leagues losing control of fantasy-sports leagues as Courts rule that the First Amendment trumps rights of publicity, and player statistics, etc., where there’s a public interest in the information.
- Good discussion of “Access” element of copying analysis in ruling on Summary Judgment for Defendant in song plagiarism suit.
- Warner Music issues DMCA Takedown on Organization that hosted Prof. Lessig talk
- Woody Allen/American Apparel case settles
- SAG settles Force Majeure claims
- Tenenbaum’s fair use argument – Case is set for trial July 20.
On Saturday, May 30, Dallas Public Library’s Fine Arts Division will host a one-day conference on the history of Texas music.
Twelve sessions will be offered covering a wide range of performers and styles, including Stamps-Baxter and Southern Gospel music, Texas blues, rock bands from the 60s, two noted women in Texas music, the Texas International Pop Festival, jazz in Texas, the Big D Jamboree, and more. Two film screenings will be included in the day: Teen-a-Go-Go and South Dallas Pop.
Although the conference is free, space is limited, so advance reservations are requested. To register for the event, please visit http://texasmusic.eventbrite.com.
Here is a link to the schedule.
Here is additional information on the topics/presenters with links:
South Dallas Pop Festival (film screening, Q&A): Roger Boykin, Anne Bothwell
Texas Blues: Jay Brakefield, Michael Dyson, Alan Govenar
Buddy Holly and Buddy Magazine: Stoney Burns, Ron McKeown
Fort Griffin Fandangle (sampler): Jim Coker and Fandangle sampler performers
Big D Jamboree and the Light Crust Doughboys: David Dennard, John Mark Dempsey, Art Greenhaw
Texas Music Overview; Goals for Future Research: Kevin Mooney
Rock Bands, the 60s, Teen-a-Go-Go (film screening, Q&A): Mark Nobles, William Williams
Texas International Pop Festival: Angus Wynne
Bob Wills: Jeff Storie
Southern Gospel and Stamps-Baxter: B. F. (Bob) McLemore and Pauline Thompson