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EVENT: Protecting Your Share, Respecting  What’s Fair: Sampling and Co-Authorship in Pop, Urban and Dance Music— Relevant Legal Precedent and Practical Legal Tips for Songwriters, Artists and Producers

The Diversity Committee of the Entertainment Arts and Sports Law Section Presents:

Protecting Your Share, Respecting  What’s Fair: Sampling and Co-Authorship in Pop, Urban and Dance Music— Relevant Legal Precedent and Practical Legal Tips for Songwriters, Artists and Producers

Wednesday, March 23, 2016 5:30 p.m. - 7:30 p.m. with reception to follow

Herrick Feinstein LLP | 2 Park Ave | New York, NY 10016

This program qualifies for 2.0 MCLE credits in Professional Practice. This program in non-transitional and therefore does not qualify for newly admitted attorneys

Cost to Attend: $20-EASL Members | $50-NYSBA Members | $75-Non-Members | $10-EASL Member Law Students

REGISTER NOW

Topics Covered:

Relevant precedent and the court’s current take on sampling and co-authorship

The history of master recording and song sampling in urban, hip hop and pop music

How to claim your rights to your contribution to a song

How and when to clear a sample before using it for your song

Understanding the songwriting process so as to best counsel songwriter/artist clients

Panelists: Barry Werbin, Esq., Herrick Feinstein Judith Finell, Musicologist Richard Chused, Professor, New York School of Law

To register over the phone please contact the Member Resource Center at 1-800-582-2452. For more information contact Beth Gould [email protected]

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Locke Don’t Live Here Anymore: Debunking Lockean Theory in IP Law as Applied to the Internet

We’re all familiar with the Lockean concept of life, liberty, and property.  This is the cornerstone of the notion that one of the essential purposes of government is the defense of property.  Traditionally, intellectual property has fallen within the purview of this Lockean view of property, however, the Fine Brothers fall-out is a reminder to us that (1) the digital landscape is still quite new and therefore, our approach to issues within this landscape requires more thought.  In his article,Intellectual Property: Policy for Innovation, not ‘Fairness’, Matthew Lievertz maintains that traditional property rights, as suggested by Locke fail within the digital landscape because these rights depend on the scarcity of that property.

He uses an example.  If Joe owns property and Sue acquires it, then Joe no longer has it, and Sue has harmed Joe (by theft).  Joe’s property is scarce.  If, on the other hand, Joe has an idea (i.e., owns intellectual property) and Sue acquires it, then Joe still has it as well as Sue, and Sue has not harmed Joe.  Here, we see that in the case of intellectual property, an unlimited number of people can possess it at the same time.  Intellectual property is simply not a scarce resource.  Lievertz saves the much-discussed ethics of Internet piracy for another day, but what we can glean from comparing Lockean property theory to the development and enforcement of intellectual property law within the digital landscape is that not only is the concept of property different on the internet, but the promotion and protection of IP also looks different. What the Fine Brothers fall-out teaches us is that certain protection practices stifle motivation to innovate and the present challenge for us all is to achieve and maintain the balance (protecting IP while encouraging innovation), offering enough control to motivate authors, inventors and publishers but not so much control as to threaten important public policy aims.

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Robust Entertainment, Art and Sports Law Week in Review 1/29/15

1.  Florida State University Settles with Jameis Winston Rape Accuser

2.  Heirs Fight Swiss Museum Over Looted Painting

3.  Disney Accused of Visa Violations

4.  Gallery Tells Jury Forgeries Were Too Good

5.  Museum Officials Face Discipline for Damaging King Tut's Mask

and more...HERE.

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An Ode to DC

Below is an article I contributed to Shade Magazine, a publication started by a longtime friend.  The article was written 8 years ago and I haven’t bothered to edit it, so don’t judge.  

I lived in DC for 10 years and had a very complicated relationship with the city.  Or maybe I just had a complicated relationship with myself. Either way, it’s refreshing to know that I had a positive outlook of the Nation’s Capital, despite my current sentiments.

Like the internet on this bogus computer I own, my productivity yesterday was limited to none. For some reason the white walls of my office, fka the storage closet  did not offer much inspiration to continue the vigorous task of Bates stamping (legal stuff) or data entry, so naturally I got distracted. Usually my escape from the corporate life includes a 45 minute countdown to 5:30pm, a very refreshing walk down 14th Street, NW from McPherson Square to T Street, an even more refreshing yoga class at Yoga District-- shameless plug--, a bite to eat, and finally a long Metro ride back to VA. This day was different however. I still maintained my 45 minute countdown, but instead of pursuing my normal routine, I decided to seek out something more or less…spontaneous. This decision was most likely inspired by my elation in the fact that I had completed my 90 days and that I was still employed! There’s nothing like a little job security. I digress. I walked past a plethora of office buildings toward Metro Center and finally found myself in Chinatown. While in a serious contemplative mode, I could not help but get distracted (a common occurrence for me) by the colorful wardrobe of the young women and men who passed me. Some call them locals; I call them children of the revolution. Don’t ask me what revolution, however. Their neon sunglasses, braided and twisted hair of different hues, neon striped socks, metallic leggings, checkered scarves around the neck, and Nike dunks and Airforce Ones in every color imaginable seemed more like a mosaic of fluid vibrancy and effervescence than an eyesore. As I battle with the sometimes bleak realization that I am all of a sudden a real adult now, (as opposed to a pretend one?) I find myself appreciating the different hues that sporadically highlight my black and white and sometimes grey world. Today, these colors were found in “uuurea” fashion, and I became entranced.  

           Continuing down 7th street I found myself suddenly moved to dance a little as the sounds of a go-go beat seemed to rock the entire Northwest corridor. A small crowd of people had formed in the vicinity and I stopped to watch. Four overturned trashcans of different sizes and two sticks made one of the illest go-go beats I’ve ever heard (even though they often sound the same to me). Maybe it was the organic nature of the beat. Maybe it was the nostalgia I felt for the drums I often heard on my travels to Ghana. Maybe it was the sheer appreciation for unadulterated talent. Whatever it was, it added to the soundtrack of my day, and that was enough to make me inhale deeply and smile.

           DC is one of the cultural Meccas of this Nation, but those of us, who spend 70% of our days behind a desk and a computer screen may forget to appreciate the sights and sounds that make this city such a great production. From the impromptu doo-wop group serenading you in the Metro station; to the mixtapes being pedaled on U St. and Georgia Avenue; to the underground bands, rappers, and other artists who gig nightly, one thing I think we all can learn from our city may be something so simple as to just stop and watch it all unfold.

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Louis Vuitton v. The Parody Defense

Louis Vuitton’s parent company LVMH has lost a trademark case that it filed nearly two years ago against tote maker My Other Bag.

A New York state judge ruled that My Other Bag’s canvas totes, which feature illustrations of Louis Vuitton purses, are simply parodies and therefore do not serve as sources of trademark infringement or dilution.

This is not surprising. As I’ve mentioned on this blog before, Parody is a valid defense against an allegation of Trademark infringement.  In my experience, the larger the corporation/figure being parodied, the easier it is for a parody defense to stand in a court of law. This case is no different.

Louis Vuitton is no stranger to the Parody defense.  As explained in the often quoted trademark parody case, Louis Vuitton Malletier, S.A. v. Haute Diggity Dog, LLC, 507 F.3d 252 ("Louis Vuitton"), " a trademark parody is a simple form of entertainment conveyed by juxtaposing the irreverent representation of the trademark with the idealized image created by the mark’s owner." It must convey two simultaneous and contradictory messages: that it is the original, but also that it is not the original and is instead a parody. This latter message not only differentiates the parody from the original but must also communicate some articulable element of satire, ridicule, joking or amusement.

The Judge in this most recent case, does not disagree.  According to Judge Jesse M. Furman of New York State’s southern district, “MOB’s use of Louis Vuitton’s marks in service of what is an obvious attempt at humor is not likely to cause confusion or the blurring of the distinctiveness of Louis Vuitton’s marks; if anything, it is likely only to reinforce and enhance the distinctiveness and notoriety of the famous brand.”

 For more information, click here.

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Formal Charges Brought Against 41 People Involved in Bangladesh’s Rana Plaza Collapse

On the heels of one of the most deadly tragedies affecting the fashion industry to date, a remarkable outcome is brewing.  Often overlooked and/or swept under a very taught public relations rug, the deplorable working conditions which most domestic and international factory workers endure have been brought to light, albeit at the expense of many lives.  To say that this is one small step for the fashion industry may or may not be an understatement. However, bringing charges against factory owners is one giant leap for labor workers in this industry.  On Monday, 12/19, Bangladeshi police charge 41 people, including the owner of Rana Plaza Factory with murder regarding the building’s collapse that killed more than 1,100 people in 2013. 

According to Business Insider, the Chief Judicial Magistrate's Court in Dhaka “formally accepted a charge sheet from police against Sohel Rana, 35, and the others in connection with the collapse, the country's worst ever industrial disaster.”

“We've charged 41 people including the owner of the building, Sohel Rana, with murder over the collapse of Rana Plaza in April 2013," lead investigator Bijoy Krishna Kar told AFP, adding that “all face the death penalty if convicted.”

For more information, click HERE. 

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View Whitney R. McGuire, Esq. on about.me. About.me makes it easy for you to learn about Whitney R. McGuire, Esq.’s background and interests.

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In Light of ‘Dancing Baby,’ YouTube Financially Arming Some Users for (Copyright) Battles

Via New York Times 

“Since its inception, YouTube has been embroiled in long and bitter battles over copyright infringement. And over the years, the video site has increased its policing of pirated material. But too often, the company says, the demands of copyright holders to take down videos go too far.

Now, YouTube is taking the unusual step of financially supporting YouTube creators so they can fight back.

YouTube said on Thursday that it would pick up the legal costs of a handful of video creators that the company thinks are the targets of unfair takedown demands. It said the creators it chose legally use third-party content under “fair use” provisions carved out for commentary, criticism, news and parody.”

For more information, click HERE.