5th Circuit rules ISP should have terminated Internet users accused of piracy; Ars Technica, October 11, 2024

 JON BRODKIN, Ars Technica; 5th Circuit rules ISP should have terminated Internet users accused of piracy

"Music publishing companies notched another court victory against a broadband provider that refused to terminate the accounts of Internet users accused of piracy. In a ruling on Wednesday, the conservative-leaning US Court of Appeals for the 5th Circuit sided with the big three record labels against Grande Communications, a subsidiary of Astound Broadband.

The appeals court ordered a new trial on damages because it said the $46.8 million award was too high, but affirmed the lower court's finding that Grande is liable for contributory copyright infringement."

Record Labels File $412 Million Copyright Infringement Lawsuit Against Internet Archive; Rolling Stone, August 12, 2023

 ALTHEA LEGASPI, Rolling Stone; Record Labels File $412 Million Copyright Infringement Lawsuit Against Internet Archive

"UNIVERSAL MUSIC GROUP, Sony Music Entertainment, Capitol, and other record labels filed a copyright lawsuit on Friday against Internet Archive, founder Brewster Kahle, and others over the organization’s “Great 78 Project,” accusing them of behaving as an “illegal record store.” The suit lists 2,749 pre-1972 musical works available via Internet Archive by late artists, including Frank Sinatra, Ella Fitzgerald, Chuck Berry, Billie Holiday, Louis Armstrong, and Bing Crosby, among others.

The suit, which was filed in federal court and reviewed by Rolling Stone, claims the Internet Archive’s “Great 78 Project” — launched by Internet Archive as a community project for “the preservation, research and discovery of 78rpm records,” according to its blog — has violated copyright laws. By “transferring copies of those files to members of the public, Internet Archive has reproduced and distributed without authorization Plaintiffs’ protected sound recordings,” the suit alleges.

The nonprofit Internet Archive began in 1996, stating its mission is to “provide Universal Access to All Knowledge.” It purports to be a digital library that provides free access to researchers, historians, scholars, and the general public. Its “Great 78 Project” follows suit; the community project dedicates itself to “the preservation, research and discovery of 78rpm records” per a post about the project. It provides free access to “over 400,000 recordings” as Internet Archive estimates in its post."

Peloton owners are pissed about bad music after copyright lawsuit; The Verge, April 24, 2019

Natt Auran, The Verge; Peloton owners are pissed about bad music after copyright lawsuit

"The changes in music selections resulted from a lawsuit Peloton faced last month, when the company was sued by members of the National Music Publishers Association (NMPA) for failing to obtain a sync license to use some labels’ musical work in their exercise videos. Peloton customers now say they have noticed a significant downgrade in music quality, with remixed versions of a popular song instead of an original, or limited song variety from an artist. Users also note that classes they’ve favorited have disappeared from the catalog, since they contain songs that were named by the lawsuit as having violated copyrights...

It may seem silly to lament over music selections in an exercise class, but it’s an issue that fitness companies may increasingly face as they transform from traditional health companies into media publishers. Let’s face it: working out can be boring, and people are willing to pay top dollar to have someone yell at us while sweating to the latest Migos track. Combine that with the flexibility to exercise in your own home on your own time and it’s a revenue strategy that has helped brands like Equinox, Pure Barre, SoulCycle, and Physique 57 tap into a demographic that previously found the studios inaccessible. Even companies like ClassPass and Fitbit have also expanded beyond their initial product of a subscription service and fitness trackers, offering their own guided fitness sessions for $8 to $15 a month.

But as fitness companies dabble in media creation, they’re also navigating into the pains of becoming an entertainment company."

How Aretha Franklin’s ‘Respect’ Became a Battle Cry for Musicians Seeking Royalties; The New York Times, August 17, 2018

Ben Sisario, The New York Times; How Aretha Franklin’s ‘Respect’ Became a Battle Cry for Musicians Seeking Royalties

"It was Aretha Franklin’s first No. 1 hit, the cry of empowerment that has defined her for generations: “Respect.”

But for the roughly seven million times the song has been played on American radio stations, she was paid nothing.

When Ms. Franklin died on Thursday at age 76, fans celebrated the song all over again as a theme for the women’s rights movement. But in the music industry, “Respect” has also played a symbolic role in a long fight over copyright issues that, advocates say, have deprived artists like Ms. Franklin of fair royalty payments...

[Aretha Franklin] also added what became the song’s signature line: “R-E-S-P-E-C-T / Find out what it means to me.” 

Ms. Franklin’s reinvention of Mr. Redding’s song has continued to fascinate critics. Peter Guralnick, the author of books like “Sweet Soul Music: Rhythm and Blues and the Southern Dream of Freedom,” noted that she transformed the original meaning “not so much by changing the lyrics, as by the feeling that she imparted on the song — so that ‘Respect’ became a proclamation of freedom, a proclamation of feminism, a proclamation of an independent spirit.”"

Paul McCartney Sues Sony to Regain Rights to Beatles Songs; Hollywood Reporter, 1/18/17

Eriq Gardner, Hollywood Reporter; Paul McCartney Sues Sony to Regain Rights to Beatles Songs

"Paul McCartney has filed suit in New York against Sony/ATV and is looking to get a declaratory judgment that states he will soon regain his copyright ownership share to a treasured catalog of songs created as a member of The Beatles.

In what could become one of the most important legal battles in the music industry this decade, the iconic songwriter is looking to leverage the termination provisions of the Copyright Act.

In 1976, Congress increased the period that works are under copyright protection, and, in recognition of authors who had signed over their rights to publishers and studios without much bargaining power, allowed such authors 35 years hence to reclaim rights in the latter stages of a copyright term."

Why Unreleased Marvin Gaye, Supremes, Beach Boys Tracks Are Suddenly Appearing: EU Copyright Law; Billboard, 1/10/17

Robert Levine, Billboard; Why Unreleased Marvin Gaye, Supremes, Beach Boys Tracks Are Suddenly Appearing: EU Copyright Law:

"On Dec 30th, without much fanfare or marketing, Universal Music Group put out Motown Unreleased: 1966, a digital-only collection of 80 previously unavailable tracks by Marvin Gaye, The Supremes, and lesser-known performers like the Underdogs. It’s one of a few recent archival releases of music from 1966 that may appeal to hardcore fans – and they have the European Union to thank.

In 2011, the EU updated copyright law in a way that means officially unreleased material could fall into the public domain 50 years after it was recorded. That would mean any company would be free to release it. In order to keep the copyright to such recordings – the law applies to live as well as studio material – artists and labels have been releasing them in what some fans call “copyright collections.”"

A Copyright Victory, 35 Years Later; New York Times, 9/10/13

Larry Rohter, New York Times; A Copyright Victory, 35 Years Later: "In the lucrative world of music copyright, it may be something of a watershed moment: on Friday, after six years of legal wrangling and decades after he wrote the lyrics to the hit song “YMCA,” Victor Willis will gain control of his share of the copyright to that song and others he wrote when he was the lead singer of the 1970s disco group the Village People. Mr. Willis, who dressed as a policeman during the group’s heyday, was able to recapture those songs, thanks to a little-known provision of copyright legislation that went into effect in 1978. That law granted musicians and songwriters what are known as “termination rights,” allowing them to recover control of their creations after 35 years, even if they had originally signed away their rights."

For Music Industry, a Story of Two Googles; New York Times, 2/21/13

Ben Sisario, New York Times; For Music Industry, a Story of Two Googles: "One Google is represented by its suite of entertainment media services like YouTube and Google Play, which have licensing agreements with the major labels and music publishers, along with movie studios and other media companies. That side is slowly becoming integrated into the fabric of the entertainment industry, through deals like the one announced by Billboard magazine this week that it would start incorporating YouTube play counts into its chart formulas. The other side of Google is its mighty search engine, the road map to the Internet, which people use to find content of all kinds — some of it preferred by the entertainment industry, but a great deal of it not. This is the side of Google that has the most frequent and public fights with the entertainment industry (though, to be sure, media companies have had no shortage of conflict with YouTube over the years)."

Music Film Is Delayed by Fees for Songs; New York Times, 4/25/12

Larry Rohter, New York Times; Music Film Is Delayed by Fees for Songs: "But there’s just one problem, and it has held up commercial release of “The Wrecking Crew” since 2008, when the documentary made its debut at the South by Southwest film festival. The film includes dozens of snippets from songs the Wrecking Crew played on, but the record companies that own the recordings want so much money from Mr. Tedesco, whose total budget was less than $1 million, that he has turned to a fund-raising campaign, including an event scheduled for New York in mid-June, to meet their demands."

Record companies sue 'Ellen' show over copyrights; Associated Press, 9/10/09

Travis Loller via Associated Press; Record companies sue 'Ellen' show over copyrights:

"Some of the world's largest recording companies are suing "The Ellen DeGeneres Show," claiming producers violated their copyrights by playing more than 1,000 songs without permission.

Many of the songs were played during the show's popular dance segment.

According to the suit filed Wednesday in U.S. District Court in Nashville, when representatives of the recording companies asked defendants why they hadn't obtained licenses to use the songs, defendants said they didn't "roll that way.""

http://www.google.com/hostednews/ap/article/ALeqM5jBroepPZm4A-gNwq7jukIbC6f4GAD9AKNAPG4

Minn woman who lost music-share suit gets replay; YahooNews.com, 6/13/09

Steve Karnowski, AP Writer, via YahooNews.com; Minn woman who lost music-share suit gets replay:

"The Minnesota woman who became the nation's only music file-sharing defendant so far to go to trial is getting a replay two years after losing the case.

Jammie Thomas-Rasset, a 32-year-old mother of four and self-described "huge music fan," will be armed with aggressive new lawyers when her retrial begins in federal court here Monday.

The lawsuit is among the last vestiges of an anti-piracy campaign that the recording industry ultimately dropped amid widespread criticism. The Recording Industry Association of America said in December it had stopped filing lawsuits like these and would work instead with Internet service providers to cut access to those it deems illegal file-sharers. But the recording industry plans to proceed with cases that are already filed.

Thomas-Rasset is the rare defendant who has fought back.

Music companies have filed more than 30,000 similar copyright lawsuits in recent years against people they accused of illegally swapping songs through Internet file-sharing services such as Kazaa. None of the others has made it to trial yet.

Faced with huge legal bills, most settled for an average of about $3,500, even if they insisted they had done nothing wrong. Thomas-Rasset's new lawyer, K.A.D. Camara, notes the settlements add up to more than $100 million; the RIAA contends its legal costs exceeded the settlement money it brought in.

The lawsuits have turned into a public relations nightmare for the recording industry, putting music companies in the position of going after their most ardent fans...

Corryne McSherry, a staff attorney with the digital-rights group Electronic Frontier Foundation, said the new defense team is taking a creative approach. She said it would have been interesting to see how all the cases that settled might have turned out if those defendants had free lawyers who were willing to push as hard.

"This case could end up being the tail end of a frankly shameful and certainly failed campaign to go after users," McSherry said."

http://news.yahoo.com/s/ap/20090613/ap_en_ot/us_tec_music_downloading

Music firms want royalties from hotels and prisons, London Times, 12/28/08

Via London Times: Music firms want royalties from hotels and prisons, Recording industry to fight Ireland’s copyright exemption in court as sales decline:

"MUSIC corporations are taking the [Irish] government to court for giving hotels and prisons an exemption from royalties when they pipe songs into bedrooms and cells.

The case is a further sign of record companies’ determination to open up new revenue streams as profits from CD sales decline sharply due to internet downloads. "

http://www.timesonline.co.uk/tol/news/world/ireland/article5404364.ece