From the Telegraph UK
The band was apparently successful over a challenge on the level of royalties paid by the record company but this part of the judgment was held in secret.
Chancellor Sir Andrew Morritt accepted arguments by the group that EMI was bound by a contract forbidding it to sell its records other than as complete albums without written consent.
READ THE Pink Floyd win High Court battle to bar EMI selling single downloads from albums – Telegraph.
From OUT-LAW News, 11/03/2010
A deal was governed by a contract despite the two companies involved not actually signing and exchanging copies of it, the Supreme Court has ruled. The contract is in effect because the firms behaved as if it was, it said. Molkerei Alois Müller Müller hired RTS Flexible Systems to provide and install a series of packaging machines in a deal worth about £1.7 million.
The two companies negotiated a complex contract whose schedules covered issues such as limits of liability, testing, prices and payment structures and other details of the deal.The companies agreed that work should begin based only on an outline deal covered by a letter of intent. When that ran out negotiations on the full contract proceeded, concluding on 5th July 2005 with some further amendments to the delivery timetable on 25th August.
READ THE REST OF THE ARTICLE: Contract was in place because companies behaved as if it was, says Supreme Court | Pinsent Masons LLP.
by MICKEY MEECE
CALL them accidental entrepreneurs, unintended entrepreneurs or forced entrepreneurs. A year and a half into the Great Recession, with the jobless rate hovering near double digits, corporate refugees like Lisa Marie Grillos of San Francisco are trying to fend for themselves.
via Unemployment Can Lead to Entrepreneurship – NYTimes.com.
TOKYO BROADCASTING SYSTEM SURVIVES FIRST ELIMINATION ROUND IN LAWSUIT AGAINST ABC’S ‘WIPEOUT’
By Eriq Gardner
Japanese-based Tokyo Broadcasting System has successfully navigated the wacky obstacle course of intellectual property law and convinced a California district court to hear claims that ABC and Endemol USA behaved improperly in marketing its hit show, “Wipeout.”
via Tokyo Broadcasting System survives first elimination round in lawsuit against ABC’s ‘Wipeout’–THR, Esq. – Entertainment and Media Law.
This is an interesting article from the NY Times Op Ed section today about the 5oth anniversary of the Supreme Court ruling that re-examined America’s obscenity laws where artistic merit was concerned.
The Day Obscenity Became Art
By FRED KAPLAN
TODAY is the 50th anniversary of the court ruling that overturned America’s obscenity laws, setting off an explosion of free speech — and also, in retrospect, splashing cold water on the idea, much discussed during Sonia Sotomayor’s Supreme Court confirmation hearings, that judges are “umpires” rather than agents of social change.
Read the Rest of the NY Times Article.
Posted in Art, Art Law, Literature Law, Supreme Court, Uncategorized
Tagged Art Law, Artistic Merit, DH Lawrence, Lady Chatterly's Lover, law, literature, Obscenity, Supreme Court
BBC News Work by Sir Joshua Reynolds was among those uploaded to Wikipedia The battle over Wikipedia’s use of images from a British art gallery’s website has intensified. The online encyclopaedia has accused the National Portrait Gallery (NPG) of betraying its public service mission. But the gallery has said it needs to recoup the £1m cost of its digitisation programme and claims Wikipedia has misrepresented its position. The NPG is threatening legal action after 3,300 images from its website were uploaded to Wikipedia.
Read the rest of the story
Everyone has seen the FBI Copyright Warning that flashes before the start of each DVD or Blu-Ray disc. The warning gets about as much attention as the “Do Not Remove Under Penalty of Law” tag on the mattress. That is, until yesterday. While the FBI Copyright Warning is mostly seen before a movie and is worded as to the reproduction the DVDs, U.S. Criminal Copyright penalties apply to all copyrights, including music. No one knows that better than U.S. blogger Kevin Cogill, who yesterday was sentenced on U.S. copyright infringement charges.
Kevin Cogill, 28, authors a music blog called Antiquiet. In August 2008, he was arrested by federal agents for posting 9 unreleased songs from unreleased Guns and Roses project, Chinese Democracy. Chinese Democracy was GnR’s first new album in 17 years and was eventually released in November of 2008. However, once the songs were leaked out on the internet, containment became difficult and they spread quickly resulting in widespread speculation and commentary on the anticipated release. Incidentally, Chinese Democracy did not sell as expected and sales were described as “sluggish“.
Last December Cogill plead guilty to a misdemeanor count of Copyright Infringement. Yesterday US District Magistrate Judge Paul L. Abrams sentenced Cogill to one year of probation. Cogill is also required to serve two months of home confinement, subject his computers to government scrutiny and record a public service announcement for the Recording Industry Association of America. Cogill has also apparently agreed to cooperate in finding the source of the leaked tracks.
The Guns and Roses pre-release internet leak was one of many last year, including tracks leaked on the U2 recording No Line on the Horizon. According to The Sun in the UK, Bono himself was the source of the leaked tracks as they could be heard (and recorded) by pedestrians as he blasted them from his beach house in the south of France.
The Independent: Blogger Sentenced for Guns and Roses Leak
Yahoo News: Blogger Sentenced for Leaking GN’R Album