Harvard Law Professor Counter-sues RIAA

Harvard law professor, Charles R. Nesson, filed a counter suit last Friday against the Recording Industry Association of America (RIAA) challenging the constitutionality of the RIAA’s efforts against those caught downloading music from file-sharing services. Charles Nessos will be defending Joel Tenenbaum, a Boston University graduate student charged in 2005 with downloading seven songs from a file-sharing network. Nesson claims that the RIAA's tactics are “an unconstitutional delegation by Congress of executive prosecutorial powers to private hands”. Though the RIAA did not comment on this specific case, they did say the make “every effort possible to be fair and reasonable”. For more information check out this article from the Harvard Crimson.

Warner to Require 360-deals from all Artists

From Punknews.org:

"As record labels continue to struggle in the face of file sharing, free music and digital music sales, Warner chief exec Edgar Bronfman explained that all Warner-signed artists will now be required to join in so-called "360 deals." Under traditional labels, bands are primarily involved with record labels for recording and sales of their albums, but touring, licensing and merch revenues are completely separated from that relationship. Conversely, under the "360 deal," the label will receive a cut of all those different areas.

It is not completely without justification labels argue, as they are responsible for marketing and promotion of the bands and advertising can boost touring as well as CD sales revenue. Still, the move is particularly controversial since it ties the label and band together so tightly and bands with established touring careers (like Warner-signee Against Me!) may be giving up revenue that the label has not really earned, some argue."

No word whether this effects all Warner owned labels, like Sire and Reprise.

Commentary:
This is an unfortunate thing for bands on Warner who do not sell large amounts of records (i.e. over 300k copies) because those bands make their entire living off of touring and merchandise. At least this will give bands a reason to get out of their contracts, because the terms of their contract can't be changed without the band approval. It will be interesting to see if there will be a mass exodus of bands from Warner or if bands will go along with the 360-deal because they do not have better options. As the industry changes, record labels still remain in the business of finding every way possible to screw their bands and treat them like indentured servants. Hopefully the bands will learn that with the changing tides they have the power to take control of the industry and leave the record labels to die like the dinosaurs.

The Hives Sued for Copyright Infringement

Jason Shapiro, formerly of the glam-rock band Celebrity Skin, has filed a copyright infringement suit against Swedish rockers the Hives claiming that their song "Tick Tick Boom Boom" has infringed his song "Why You" which he recorded with his band the Roofies in 1997. Shapiro said the two tunes were analyzed by a musicologist who said "the part in question -the main riff and vocal melody- was very similar and its uniqueness led him to believe it wasn't just a coincidence.” You can check out the LA Times article on it here.

In order to prove Copyright Infringement, Shapiro must prove three things. 1) He is the owner of a valid Copyright, 2) there was actual infringement, and 3) the infringement was substantial. 1) Most likely Shapiro owns the copyright in the whole song but the most important thing here is whether the riff and piece of the vocal melody are unique enough to afford their own copyright protection. If the court says they are not because they are too minimal and not unique then there is no case. 2) If it is established that there is a valid copyright then they must prove there was actual copying and the court will look how similar the songs are and if the band had access to the original song. I think this will be the hardest thing for Shapiro to prove because the Hives being from Sweden probably have never heard Shapiro's local Los Angeles band therefore did not have access to their song. More facts will be need obviously to make this determination. 3) Lastly, if they can prove there was copying then it is up to a jury to decide how substantially similar the two songs are. More facts are need to know how this case will come out but I think there is a good chance that the Hives will prevail.

You can check out the Roofies song "Why You" here.

You can check the Hives music video for "Tick Tick Boom Boom" below:

Mtv gets back into the Music Video Business

Mtv has launched a music video site similar to YouTube. Mtv has one of the largest collections of music videos in the world and eventually the site will host their entire collection. Check it out here.

President Bush Signs Controversial Anti-Piracy Law

President Bush has signed a controversial bill that aims to strengthen Anti-Piracy laws in the United States. The bill creates greater penalties, including asset forfeitures, for copyright infringement and creates an Intellectual Property Czar who will report directly to the President on issues of copyright and anti-piracy. The bill was strongly supported by the RIAA and MPAA. Click here for more info on the bill.

CBS Censor No Age's Political View

CBS would not allow noise-punk's No Age to perform on the Late Late Show with Craig Ferguson until guitarist Randy Randall took off his pro-Obama t-shirt. According to Randy Randall:

"I have recently come under what can only be called extreme censorship. I felt it was important to voice my choice for presidential candidate, Barack Obama, seeing as the episode would air eight days before election day. Dean and I decided that it would be better to take advantage of the stage we had at our disposal... Access to affordable health care is an issue very near to my heart for many personal reasons and I am sure that many of you can relate. I have lost and stood by as many of my close family members have battled with terrible illnesses. I have myself gone through traumatic hospitalizations only to come out the other side alive but horribly in debt."

For more info check out this article at Pitchfork.

License Music Through the Internet

Israeli start up company, YouLicense, has made music Licensing as easy as Ebay. Artist and companies will pay a certain fee for access to the site which through its search function will connect companies with songs for use in advertising and other licensing applications. Once companies find a song they like, they can then negotiate with the song owner for its license and pay for its use through paypal. For more details, check out this article from Wired.