The Metaphysics of Music Copyright Infringement Litigation

MusicI was inter­viewed and quoted in a recent Buz­zFeed arti­cle on copy­right lit­i­ga­tion related to musi­cal com­po­si­tions.  The arti­cle dis­cusses the basics of infringe­ment claims and defenses, as well as exam­ples both new and old of high-profile cases.  Over­all, an excel­lent layperson’s intro­duc­tion to the issues involved when one song­writer believes he or she was ripped off by another.

Job Opportunity for Mid-Level Copyright Litigation Associate

Copyright SymbolThe New York Office of Arent Fox LLP is seek­ing a 3rd – 5th year copy­right / trade­mark lit­i­ga­tion asso­ciate for its intel­lec­tual prop­erty prac­tice group. The ideal can­di­date will have sig­nif­i­cant expe­ri­ence in copy­right lit­i­ga­tion and coun­sel­ing. Addi­tional expe­ri­ence in enter­tain­ment (espe­cially music), roy­alty rate-setting lit­i­ga­tion, inter­net, media, tech­nol­ogy, and/or trade­mark law is desir­able. The suc­cess­ful can­di­date will join a grow­ing and col­le­gial copy­right and enter­tain­ment prac­tice. Can­di­dates should pos­sess strong time man­age­ment skills and the abil­ity to work suc­cess­fully on a team. Arent Fox LLP is an Equal Opportunity/Affirmative Action Employer.

ASCAP Rate Court Pandora Decision Reveals Publishers’ Abuse of Market Power

Judge using his gavelAs I noted in my ear­lier post, the pub­lic ver­sion of Judge Cote’s deci­sion in the ASCAP / Pan­dora rate court pro­ceed­ing was released today.  It is a remark­able and com­pre­hen­sive 136-page opin­ion, thor­oughly reject­ing all of ASCAP’s argu­ments for a rate increase, and keep­ing Pandora’s rate at 1.85% of revenue.

One of the most remark­able fea­tures of the deci­sion is its detailed look behind the cur­tain at the moti­va­tion and behav­ior of the with­draw­ing music pub­lish­ers.  [Read more…]

Full ASCAP Rate Court Pandora Decision Released

The pub­lic ver­sion of Judge Cote’s ASCAP Pan­dora rate deci­sion has been released.  Com­men­tary to fol­low, once I have had the chance to read, but here is the deci­sion for those interested:

Big Loss for ASCAP in Pandora Rate Case

Angry JudgeASCAP has suf­fered a sig­nif­i­cant defeat in its rate court lit­i­ga­tion against Pan­dora.  In that pro­ceed­ing, Pan­dora sought to have its cur­rent ASCAP musi­cal com­po­si­tion pub­lic per­for­mance license rate (1.85% of rev­enue) cut to the same 1.7% rate paid by ter­res­trial radio.  ASCAP, as it has in sev­eral recent dig­i­tal music rate cases, sought an increase to 3% of revenue.

[Read more…]

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