Author: Kyle Rambeau

SWCast shut down by SoundExchange over complaint

SoundExchange — a nonprofit performance rights organization that collects digital performance royalties from satellite radio (such as SIRIUS XM), Internet radio (like Pandora), cable TV music channels and similar platforms for streaming sound recordings — has disabled a music web-casting ISP SWCast.net. Although the site seems to have been launched again, several of the services of SWCast are still shut down. Randall Krause, the president-CEO of SWCast Network, has written a response to the SoundExchange take-down, saying: It is without question that sound recording copyright owners and recording artists deserve to be properly remunerated for the exploitation of their works, in any commercial context. And I fully respect (and expect) SoundExchange for carrying out their mission to ensure that Webcasting services “pay their dues” for the use of their members’ creative works. Krause is optimistic that the web-casting services will be up and running soon, which is good news for the frequent visitors who have reached out with inquiries as to why SWCast was out of commission. The service disruption arose due to SoundExchange’s report that SWCast had violated the DMCA.  SoundExchange said it had repeatedly notified SWCast about infringing material on its site that needed to be taken down but got no complicance; that led to the DMCA complaint and SoundExchange’s brief shutdown of the SWCast site....

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Entertainment law programs set nationwide

For those who follow Entertainment Law, there’s a full docket of events or sessions. These are duly noted on our Event Calendar tab (see above), as well as described more fully as follows. For general info about the site’s event listings, see this post’s end.  This week: Starting Monday and running through Wednesday, the Berklee College of Music and Midem will offer its first “Rethink Music: Creativity, Commerce, and Policy in the 21st Century” program at the Hynes Convention Center in Boston. Top artists and managers who are reshaping the music business scene will join at the session with...

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Britain’s ‘digital economy’ law survives test

The British music industry got reason to cheer recently when Justice Kenneth Parker of the High Court rejected four arguments suggesting the nation’s Digital Economy Act could not stand because it was out of sync with European law; those arguments were unsuccessfully advanced by the Internet service providers  BT and TalkTalk, the latter which is known to have customers who used their service with the company to perform acts of copyright infringement. TalkTalk,  in 2010, openly talked about its refusal to adhere to Britain’s digital laws, saying, “Unless we are served with a court order, we will never surrender a customer’s details to rights holders. We are the only major ISP to have taken this stance and we will maintain it. If we are instructed to disconnect an account due to alleged copyright infringement, we will refuse to do so and tell the rights holders we’ll see them in court.” The firm also balked at Section 3 of the DEA, which obliges ISPs to notify subscribers of possible copyright infringement. The judge’s ruling keeps the DEA in place, which is good news for the music industry in its fight to stop Internet...

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Musicians, record industry say ‘no’ to FM chips

In a fight to protect a potentially huge revenue source, musicians have joined the Recording Industry Association of America, the Wireless Association, the Consumer Electronics Association  and others to lobby against  possible government rules requiring that FM chips be installed  in the future in various mobile devices, such as smart phones and tablets. The disparate parties also announced this week that they would partner to support House Continuing Resolution 42 — dubbed the “Creativity and Innovation Resolution” sponsored by Reps. Darrell Issa (R-Calif.) and Anna Eshoo (D-Calif.) That measure specifically opposes the requirement for manufacturers to include FM chips when they build or distribute wireless mobile devices in the future. What’s the huge concern about broadcast tuners in wireless mobile devices? Opponents fear they will pave the way for more FM radio broadcasting, which, they contend, inadequately pays artists for their works. They also worry broadcast growth will hinder and undercut those new devices and technologies that compensate musicians and performers through an array of revenue sources. The current congressional resolution endorses “creativity and innovation.” It opposes allowing individuals to create and promote technology that fails to both benefit consumers and the U.S. economy but also provides compensation to “artists, creators, and innovators.”...

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As Kiwis bolster anti-piracy law, will U.S. join?

A trend appears to be developing globally for governments to impose stricter anti-piracy laws and another country has just jumped onto the bandwagon, as New Zealand has updated and passed new legislation to ban illegal file-sharing and severely punish repeat offenders by unhooking them from internet service for up to six months but eliminating a proposed $12,000 fine to be paid to the actual copyright owner in hopes of providing more of an incentive to them to file lawsuits against offenders. A new amendment also was put into play placing on defendants the burden of proof that there was no copyright infringement. The amendment states that: [I]n proceedings against an account holder relating to infringement notices, the Copyright Tribunal is entitled to presume that the infringements have occurred as recorded in the notices, and that the notices were properly issued, unless or until the account holder gives evidence or reasons indicating otherwise. So with legal actions like these elsewhere, what’s occurring with U.S. proposals to put more muscle into American anti-piracy laws? Vice President Biden clearly wants the U.S. to join the global trend, expressing in a recent Q & A with Variety his desire to combat the problems cataloged in the intellectual property community but also noting his frustrations with the entertainment industry and its inability to provide a successful public education campaign to build support for anti-piracy measures....

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Entertainment Law Blogs

The Biederman Blog is now ranked NUMBER ONE on Feedspot's Top 20 Entertainment Law blogs (May 2018). It is very exciting to top this list. We are extra proud of number six - Entertainment Law Offices of Gordon P. Firemark. Mr. Firemark graduated from Southwestern in 1992, and is a top entertainment blogger and webinar presenter in addition to being a world class entertainment attorney!

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