Entertainment Law Podcasts

            Podcasts are a great way to keep abreast of current topics and news and learn about the subjects you are interested in.  I regularly listen to podcasts via Apple’s iTunes, where many shows may be found for free.  Today I will talk about two Entertainment Law podcasts that I like.

           

            Joe Escalante is a entertaining Entertainment Law reviewer.  His blog, Barely Legal is one of the more exciting and accessible regular Entertainment Law blogs.  I listened to the February 7, 2014 episode, which featured issues such as being able to sue the Red Hot Chili Peppers for going acoustic, whether Justin Beiber can be deported, a J.K. Rowlings defamation case, whether artwork made from a copyrighted trademark could be resold, and what type of entity your band should be.

            One of the things I learned is that in order for defamation to occur by a celebrity, actual malice must be shown as celebrities are talked about in many ways all the time.  Interestingly, this is not the case in the United Kingdom, and thus many defamation cases are filed in the UK rather than the Unites States.  However, the recent J. K. Rowlings defamation case led the courts to decide defamation law much more closely to what the United States courts have decided.

Another blog that I find interesting is Gordon Firemark and Tamara Bennett’s Entertainment Law Podcast.  I listened to episode 43: “No Copyright, Sherlock?” and episode 39: “Fair Use, etc.”

In episode 43, they discuss Faulkner Literary Rights Group’s copyright lawsuit against Sony Pictures Classic over the use of a Faulkner quote from “A Requiem for a Nun” in a Woody Allen film.  However, the lines are not identical and the line is only nine words.  The fair use test shows that it was deminimous, meaning that it is not detrimental to the work and is not damaging the marketplace for the original work.  Perhaps in opposition, it may have inspired people to actually read Faulkner.

In episode 39 one of the topics discussed is Paparrazzi.  Justin Bieber recently experienced having one of his crew hit by a car during Paparrazzi trying to take photographs of Bieber, and Bieber is now calling for stronger legislation regarding the topic.  California’s strong 2010 Paparrazzi law was struck down recently in the case of California vs. Rafe, which is now in appeal.  One of the issues is that it could include wedding photographers going into the street to get a better shot, etc.; thus the law may be too vague.  Hawaii’s new laws extend photography restrictions for privacy beyond celebrity into anyone having familial privacy and personal time.

I recommend these podcasts highly, and encourage you to check out podcasts on these topics and other topics that intrigue you.

Work Cited:

Barely Legal Entertainment Law Podcast 2-7-14

http://barelylegalradio.podbean.com/feed/

Entertainment Law Podcast Episode 43: No Copyright, Sherlock?

http://feeds2.feedburner.com/entertainmentlawupdate

Entertainment Law Podcast Episode 39: Fair Use, etc.

http://feeds2.feedburner.com/entertainmentlawupdate

Private music teacher accepting new students: winds, brass, voice

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I am a professional private music teacher with over two decades of experience. I give lessons on flute, clarinet, saxophone, oboe, bassoon, trumpet, french horn, trombone, tuba, ensemble conducting and classical and popular voice to students from ages 3 to 90. My studio is at Marrell Music Instrument Repair in Lakewood, Ohio. This means that sheet music, accessories, instruments and expert repair technicians are all accessible when you come to your lessons. Current rates are $18/half hour or $35/hour. Daytime, evening, and weekend lesson times are all available. Give me a call and let's set up a couple lessons to get you started.

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Brandyn Metzko, composer-conductor-teacher-musician, obtained his Bachelor's degree in music at Cleveland State University in 2006, where he studied flute with Sean Gabriel, voice with William Dempsey, and conducting with Betsy Burleigh. He is about to graduate with a Master of Science Degree in Entertainment Business at Full Sail University, and is now working on his Juris Doctorate with focus on Arts Industry copyright and contract law at Concord Law School.

Brandyn has had a thriving private teaching studio in Northeast Ohio, Central Florida, New York City, San Francisco and Los Angeles, preparing students for milestones ranging from Conservatory and Opera auditions to American Idol performances. His students study a variety of genres including Classical Music, Opera, Jazz, Baroque/Early Music and Popular/Broadway.

Brandyn helped to found the QUO Orchestra New York City in 2009, the Bay Area Rainbow Symphony in San Francisco in 2007 and the Blazing River Freedom Band in Cleveland in 2003, and has served on the board of the L/G Band Association as Membership Services Chair. Brandyn was Artistic Director of the Blazing River Freedom Band from 2003 until 2007, co-artistic director of the Queer Urban Orchestra in 2009-2010, and served as the Assistant Music Director with the Central Florida Sounds of Freedom Band.

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Copyright Infringement Cases in Recent News

Copyright infringement is a hot issue in the music industry today.  There are countless cases in which similarities between musical compositions can result in lawsuits.  I’m going to take a look at three recent issues as examples.

Robin Thick’s Blurred Lines is similar to Gaye’s “Got to Give it Up” and “Sexy Ways.”  However, the music is not sampled or copied exactly.  The case here is whether or not music inspired by other music is actually copyright infringement.  To date copyright law has been used to protect the expression of ideas but not necessarily the ideas themselves.  This case has the potential to change that.  (Forbes, 2013.)

In 2012, Alicia Keys faced a lawsuit because her song “Girl on Fire” included some couplets that were reminiscent of Eddie Holman’s classic, “Hey There, Lonely Girl.”  However, for it to be considered copying by sequence of notes, the sequence must be six or more notes in succession.  (Mann, 2012.) 

In 2009, Coldplay was accused by Santriani that their song “Viva La Vida” contained portions of Santriani’s instrumental work, “If I Could Fly.”  Coldplay argued that they did not know Santriani’s song and any similarities were coincidental.  Ultimately they settled out of court, perhaps indicating that there was replication between the two songs even if not resulting from intentional copying.

Forbes, Inc.   The Blurred Lines of Copyright Law.  August 20, 2013.  Accessed at http://www.forbes.com/sites/oliverherzfeld/2013/08/20/the-blurred-lines-of-copyright-law-robin-thicke-v-marvin-gayes-estate/ on Thursday, February 6, 2014.

Kafman, Gil.  Coldplay, Joe Satriani Settle Copyright Infringement Case.  MTV News.  September 16, 2009. Accessed at http://www.mtv.com/news/articles/1621614/coldplay-settle-with-joe-satriani.jhtml on Thursday, February 6, 2014.

Mann, Camille.  Alicia Keys Accused of Copyright Infringement for “Girl on Fire”.  CBS News.  December 19, 2012.  Accessed at http://www.cbsnews.com/news/alicia-keys-accused-of-copyright-infringement-for-girl-on-fire/ on Thursday, February 6, 2014.