Weekly Copyright Update

May 20, 2016

BY RICHARD STOBBE: A documentary film is, by its nature, a work of non-fiction. It expresses a set of facts, arranged and portrayed in a particular way. If a fictional novel is written, based on a documentary film, is copyright infringed? Put another way, does copyright protect the “facts” in the documentary? In the recent Federal Court decision in Maltz v. Witterick, the court considered a claim of copyright and moral rights infringement by the makers of a documentary entitled No. 4, Street of Our Lady about the Hamalajowa family, a real-life family who harboured and saved three Jewish families during the Second World War in Poland. READ MORE…

How To Quintuple Your Music Streaming Royalties

BY PAUL RESNIKOFF: Earlier this year, DMN (Digital Music Network) starting asking artists and labels to share their streaming royalty statements, which unearthed a pile of incredible per-stream statistics. That’s part of an ongoing data-sharing project to battle the incredible lack of transparency in the streaming music space (and, please send your royalties to [email protected] to share with the community, confidentiality protected).

The statements we’ve received so far include a rock band from France, an indie label from Quebec with 2.5 million YouTube streams, and an ‘average American band‘. That complemented earlier statements from a Grammy-nominated songwriter, one of the first Tidal royalty statements, and a blunt statement from Lady Gaga’s ex-manager on major label royalty payouts (or lack thereof). By the end of this initiative, we’re hoping to publish a vast tranche of data that helps everyone figure out what they should be getting from their streaming plays. READ MORE…

Thanks to Rising Streaming Services Vinyl Record Sales Surges

BY ANNE KINGS: Downloads of music clips are down, and sales of music compact discs (CDs) are dropping—both of which are casualties of the battle for the hearts and minds of millions of music buffs who are more than willing to pay a few bucks to hear their favorite tunes. And the winner of this particular round happens to be online music streaming, which (to those who might have been living in a cave the past year) plays a cell device user’s favorite songs at a few simple clicks. READ MORE…

2016 is a Big Year for Radio and ASCAP, BMI and SESAC

BY DAVID OXENFORD: The “performing rights organizations” – ASCAP, BMI and SESAC – don’t get as much attention in these pages as do the royalties paid to SoundExchange for the use of “sound recordings.” The PROs collect for the public performance of the “musical work” or the musical composition – the words and music of a song. These royalties are paid anywhere that music is performed in the US – including by radio and TV stations, by retail establishments and by digital music users. 2016 is a big year for broadcasters’ relations with the PROs as public performance royalty changes could be coming soon. READ MORE…

Forever 21 Sues LA Apparel Co. for Copyright Violation
BY CHARISSA ECHAVEZ: American fast fashion chain Forever 21 filed a lawsuit last week against Los Angeles apparel company Shire E. Benafshe and other “unscrupulous individuals and entities” for selling counterfeited garments bearing its logo. According to The Fashion Law, in the suit filed by the company in the US District Court for the Central District of California, Forever 21 accuses the defendants of selling fake garments under its name “to take a free ride on the goodwill, reputation, and fame [that Forever 21] has spent considerable effort, time, and expense to build in its products and trademarks.” READ MORE…

About Christian Copyright Solutions: CCS’s quest is to help churches and Christian ministries “do music right.” CCS is an expert on church music copyrights and our primary focus is providing licensing and clear educational resources to churches, as well as representation, administration and advocacy for copyright owners. Follow us on Twitter, Facebook and Youtube. The information contained herein is for informational purposes only, and is not legal advice or a substitute for legal counsel.