Friends don’t let friends get LRFA’d. Once again we’ve started a new session of Congress with really old news–the National Association of Broadcasters is yet again circulating the reactionary Local Radio Freedom Act (or the grammatically challenged “LRFA”) that’s been warmed over and served up again from the last Congress. LRFA’s purpose is twofold. Get […]
Now that most of the DOJ lawyers who pushed the 100% licensing rule on songwriters are gone, who’s gonna deal with all those feral cats that former Acting Assistant Attorney General Renata Hesse was feeding? Last year, in what can only be described as an elaborate Kabuki, a small group of DOJ lawyers led by […]
“[P]rivate equity funds affiliated with Blackstone” yesterday announced the purchase of SESAC from another private equity group, Rizvi Traverse Management. We hold our breath to see what the monopolists in the MIC Coalition will do about the sale. In light of the new administration, it will be an interesting test of both to see if […]
Cyber Fiction: Cory Doctorow and the rest of EFF are genuinely fighting for the rights of individuals, not to protect the profits of their corporate Silicon Valley benefactors. Photo Author and Attribution Ed Schipul under Creative Commons Share Alike 2.0 License. Cory Doctorow the Canadian science fiction writer, Boing Boing editor, and creepy […]
The music industry’s battle against stream-ripping, changes to consent decrees and a potential Supreme Court case involving DMCA exemptions are all on the docket. So The Hollywood Reporter asked Steve Marks, general counsel for the Recording Industry Association of America, what’s at stake in the year ahead and which cases he’ll be watching most closely.
What do you feel were the biggest developments in music law in 2016?
The past year included a number of decisions where courts wrestled with whether certain online services using music must obtain a license. The online services invoked the DMCA as a liability shield for the widespread use of music on their platform, and the decisions demonstrate that the DMCA continues to litter the marketplace with outcomes that place competitors in different positions. In October, the Second Circuit emphasized in EMI v. MP3Tunes that a service cannot adopt policies to “willfully blind” itself of infringement by users of the service and recognized that the Defendants could have knowledge based on “red flags” given the facts in the record.