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.

photo by: Douglas Heriot

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…]