DJs are Phonogram Producers, says Dutch Supreme Court

On December 17, 2021, in a big win for electronic dance music (EDM) artists, the Dutch Supreme Court held that DJs own phonographic rights (neighbouring rights) in their home-produced recordings – not the record labels that commercially release them. The decision comes in a long-running dispute between world-famous Dutch DJ and EDM artist Martin Garrix and his former record label, Spinnin’ Records. Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. He also claimed that the phonographic rights that according to the language of the contract belonged to the label, were actually his own.

Read More: http://copyrightblog.kluweriplaw.com/2022/01/31/djs-are-phonogram-producers-says-dutch-supreme-court/

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    SOURCE: Kluwer Copyright Blog

    Date: January 31, 2022

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  • Frozen Mechanicals Crisis: Twelve Songwriter Groups Reject Majors Position that Copyright Royalty Board MUST Ignore Songwriter Objections

    While Congress may have expressed enthusiasm for joint rate setting proposals being developed through arms-length, independent negotiations among the parties to a CRB rate-setting proceeding (which clearly may not have been what transpired in the present case among vertically integrated parties),[1] Congress was also crystal clear in another of its related statutory directives. Namely, that the CRB also has a duty to ensure that interested, non-participating parties who would be bound by the terms of the negotiated agreement are given the full opportunity to comment upon the proposal as part of the record of the proceeding prior to the proposal’s adoption or rejection by the CRB.

    Read More: https://thetrichordist.com/2022/01/31/frozen-mechanicals-crisis-twelve-songwriter-groups-reject-majors-position-that-copyright-royalty-board-must-ignore-songwriter-objections/

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    SOURCE: The Trichordist

    Date: January 31, 2022

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  • Joint statement: DSA – Missed opportunity to make the Internet safer

    The undersigned organisations representing the creative and business communities of the film and audiovisual sector in Europe regret that the European Parliament plenary vote on the Digital Services Act failed to achieve the stated goal of making internet intermediaries more accountable and creating a safer, better-functioning online environment for everyone. Although the European Parliament intended to broaden the KYBC provision to apply to all online intermediaries, the due diligence obligations remain too weak and narrow. Critical elements, such as the immediate removal of illegal content and an enforceable trusted flagger mechanism should be improved in the upcoming trilogue negotiations.

    Read More: https://www.saa-authors.eu/en/news/759-joint-statement-dsa—missed-opportunity-to-make-the-internet-safer

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    SOURCE: SAA

    Date: January 28, 2022

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  • Apple’s legal battle with Harold Arlen estate likely to proceed to jury

    The Californian judge overseeing a legal battle between Apple and the estates of Harold Arlen, Ray Henderson and Harry Warren said earlier this week that he’s not inclined to grant either side in the dispute the summary judgements they had requested, meaning all elements of the case could go before a jury.

    Read More: https://completemusicupdate.com/article/apples-legal-battle-with-harold-arlen-estate-likely-to-proceed-to-jury/

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    SOURCE: CMU

    Date: January 28, 2022

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  • TikTok under fire for how it pays creators

    The Future. TikTok is facing the heat for its creator payment model. Although its $1 billion Creator Fund sounds generous, it’s a static fund, meaning that platform growth actually undermines creator earnings. In other words, when viewership goes up (which increases TikTok’s revenue), TikTok creators actually make less money. Now, high-profile creators like MrBeast and Hank Green are calling out TikTok… the platform may soon be forced to change its ways.

    Read More: https://futureparty.com/tiktok-creator-fund-earnings/?utm_medium=email&utm_campaign=TikToks%20lopsided%20payment%20model%20%20Creators%20call%20out%20TikTok&utm_content=TikToks%20lopsided%20payment%20model%20%20Creators%20call%20out%20TikTok+Version+A+CID_635075d8f17306d6e76b81cff2a5195b&utm_source=CampaignMonitor&utm_term=SHARE%20THIS%20STORY

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    SOURCE: The Future Party

    Date: January 27, 2022

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  • Concerns for Hollywood Megadeals Emerge Amid Justice Dept. Posturing

    Federal antitrust enforcers are signaling they will increasingly challenge mergers, jeopardizing proposed deals between major media companies, studios and talent firms.

    Read More: https://www.hollywoodreporter.com/business/business-news/worrying-signs-for-hollywood-mega-deals-1235081282/#recipient_hashed=3a259dd7948fa5cf81748fd59fbfdb0cdc19448cf6f4bf505f19cde98578e9d3

  • Fairness Rocks news

    SOURCE: The Hollywood Reporter

    Date: January 26, 2022

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  • France’s Revamped Windowing Gives Netflix Earlier Access to Fresh Movies

    After months of heated debates and clashes, the French film industry has set new windowing rules for movies that are released in local theaters.

    The rules will apply to exhibitors, pay and free TV channels and subscription-based services. They’re expected to be signed by France’s Culture Minister Roselyne Bachelot later on Monday (Jan. 24)

    Read More: https://variety.com/2022/film/global/france-windowing-netflix-disney-2-1235161377/#recipient_hashed=3a259dd7948fa5cf81748fd59fbfdb0cdc19448cf6f4bf505f19cde98578e9d3

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    SOURCE: Variety

    Date: January 24, 2022

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  • Three judges decide what Spotify, Apple, and YouTube Music pay songwriters in the US. One of those roles is now up for grabs.

    In US, the mechanical royalty rate that music streaming services including Spotify and Apple Music pay songwriters, is set by the Copyright Royalty Board.

    The CRB is currently in the midst of proceedings to determine songwriter streaming royalty rates for the five years between 2023 and 2027.

    Read More: https://www.musicbusinessworldwide.com/three-judges-decide-what-spotify-apple-and-youtube-music-pay-songwriters-in-the-us-one-of-those-roles-is-now-up-for-grabs-11/

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    SOURCE: Music Business Worldwide

    Date: January 24, 2022

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  • Spanish competition regulator launches new investigation into collecting society SGAE

    The Spanish competition regulator, the CNMC, has launched new proceedings against the country’s big song rights collecting society SGAE following another complaint submitted by rival rights management organisation Unison.

    Read More: https://completemusicupdate.com/article/spanish-competition-regulator-launches-new-investigation-into-collecting-society-sgae/

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    SOURCE: CMU

    Date: January 24, 2022

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  • European Parliament approves draft of Digital Services Act which is a mixed bag for the music industry

    The European Parliament last week approved a version of the new EU Digital Services Act, which will bring in a bunch of new regulations in relation to digital platforms across Europe.

    Various amendments to the initial European Commission drafted version of the DSA that were supported by the music and wider copyright industries were knocked back. Though so were various amendments about which the music and copyright industries had raised concerns. So, all in all, it was a mixed bag.

    Read More: https://completemusicupdate.com/article/european-parliament-approves-draft-of-digital-services-act-which-is-a-mixed-bag-for-the-music-industry/

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    SOURCE: CMU

    Date: January 24, 2022

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  • Entertainment Industry Coalition Urges Congress To Approve Tax Break For Performing Artists & Creative Professionals

    A coalition of entertainment industry unions and associations is urging Congress to include the Performing Artist Tax Parity Act in any omnibus legislation that may come before the House and Senate for fiscal year 2022.

    Read More: https://deadline.com/2022/01/entertainment-industry-coalition-urges-congress-to-approve-tax-break-for-performing-artists-creative-professionals-1234921339/

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    SOURCE: Deadline

    Date: January 27, 2022

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  • Jimi Hendrix estate goes to court following royalty claim from former Experience collaborators

    The Jimi Hendrix estate and Sony Music have filed legal papers with the courts in New York seeking a declaratory judgement that agreements reached with other members of the Jimi Hendrix Experience in the early 1970s are still in force. The move follows threats in the UK by the estates of those former Experience members – Noel Redding and Mitch Mitchell – to sue for supposedly unpaid royalties.

    Read More: https://completemusicupdate.com/article/jimi-hendrix-estate-goes-to-court-following-royalty-claim-from-former-experience-collaborators/

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    SOURCE: CMU

    Date: January 20, 2022

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  • Performing Arts Reps Warn House Hearing Not To Let “Creative Infrastructure Of Our Economy Vanish” As Covid Continues But Aid Doesn’t

    Advocates for the creative economy — from the head of a performing arts center to a venue owner, an actor and an Actors’ Equity exec — lobbied Congress today to shore up the industry before it’s too late amid an ongoing Covid-19 crisis.

    Read More: https://deadline.com/2022/01/save-our-stages-actors-equity-house-hearing-performing-arts-broadway-1234915788/

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    SOURCE: Deadline

    Date: January 19, 2022

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  • Department Of Labor Finds No Basis To Overturn SAG-AFTRA President Fran Drescher’s Election

    Following a routine investigation, the U.S. Department of Labor has found no basis to overturn last year’s election of Fran Drescher as president of SAG-AFTRA. In rejecting protesters’ claims, the union’s own national election committee came to the same conclusion in October.

    Read More: https://deadline.com/2022/01/sag-aftra-election-fran-drescher-department-of-labor-wont-overturn-1234914942/

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    SOURCE: Deadline

    Date: January 19, 2022

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  • Britney Spears’ Fight Against Her Father Allegedly Feathering His Nest & Spying On Her Going To Mini-Trial

    Britney Spears may be free of the restrictive conservatorship that ruled her life for 13 years, but the Toxic singer’s ongoing battle with her father is about to go to a whole other level.

    At a hearing Wednesday in Los Angeles Superior Court, Judge Brenda Penny agreed with attorneys on both sides that an evidentiary hearing is needed to decide whether Jamie Spears spied on his daughter in her bedroom and elsewhere, and if he plundered the one-time Princess of Pop’s multimillion-dollar fortune.

    Read More: https://deadline.com/2022/01/britney-spears-trial-surveillance-money-father-conservatorship-1234915891/

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    SOURCE: Deadline

    Date: January 19, 2022

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  • Disney CEO Bob Chapek Earned $32M In FY2021; Former Chief Bob Iger’s Package At $46M

    Walt Disney’s chief executive Bob Chapek’s compensation totaled $34.46 million in fiscal 2021, up from $14.16 million the year before.

    Disney’s fiscal year ends in September. Chapek succeeded Bob Iger as CEO in February of 2020.

    The current CEO’s package includes a salary of $2.5 million; stocks and option awards for, respectively, $10.2 million and $3.75 million; and non-equity incentive plan compensation of $10.3 million.

    Read More: https://deadline.com/2022/01/disney-ceo-bob-chapek-bog-iger-compensation-executive-pay-1234915735/

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    SOURCE: Deadline

    Date: January 19, 2022

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  • Nevermind baby re-files child pornography lawsuit against Nirvana

    The man who appeared, as a baby, on the famous cover of Nirvana’s ‘Nevermind’ album has re-filed his litigation in relation to the artwork. And with the band arguing that Spencer Elden has left it too late to sue because of a statute of limitations, the new filing goes to great lengths to stress that Elden has continued to suffer as a result of the ongoing distribution of the artwork over the last decade.

    Read More: https://completemusicupdate.com/article/nevermind-baby-refiles-child-pornography-lawsuit-against-nirvana/https://completemusicupdate.com/article/nevermind-baby-refiles-child-pornography-lawsuit-against-nirvana/

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    SOURCE: CMU

    Date: January 14, 2022

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  • Chris Brown and Drake hit back over No Guidance song-theft claim

    Chris Brown and Drake have hit back at a song-theft claim which, they say, is “baseless”. Not only is there no credible explanation for how the two stars would have accessed the “obscure” song they are accused of ripping off on their 2019 hit ‘No Guidance’, there is no plausible case for suggesting their track infringes the earlier work. After all, the main similarity is the lyric “you got it”. Which Roy Orbison surely got to first.

    Read More: https://completemusicupdate.com/article/chris-brown-and-drake-hit-back-over-no-guidance-song-theft-claim/

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    SOURCE: CMU

    Date: January 13, 2022

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  • Travis Scott sued over artwork used on unofficial compilation

    As Travis Scott’s legal team continue to plough through the plethora of litigation in relation to last year’s Astroworld festival, another entirely unrelated lawsuit has landed in their in tray. The rapper is accused of using a French artist’s artwork for a compilation release without permission.

    Read More: https://completemusicupdate.com/article/travis-scott-sued-over-artwork-used-on-unofficial-compilation/

  • Fairness Rocks news

    SOURCE: CMU

    Date: January 13, 2022

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  • ‘Rust’ Armorer Sues Ammo Supplier Over Live Rounds That Killed Cinematographer Halyna Hutchins

    The police investigation into what really went down on the set of Rust in October 2021 when Alec Baldwin shot and killed cinematographer Halyna Hutchins is still ongoing, but today the armorer in the spotlight of the troubled indie Western has launched her own legal action against the man she says supplied the fatal ammunition.

    Read More: https://deadline.com/2022/01/alec-baldwin-shooting-rust-armorer-lawsuit-hannah-gutierrez-reed-fatal-live-rounds-1234909565/

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    SOURCE: Deadline

    Date: January 12, 2022

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  • Elvis Costello to stop performing Oliver’s Army due to lyric controversy

    Elvis Costello has said that he will no longer perform his song ‘Oliver’s Army’ live, due to controversy over use of the N-word in the song’s lyrics. He has also urged radio stations to stop playing the song at all, rather than playing a censored version.

    Read More: https://completemusicupdate.com/article/elvis-costello-to-stop-performing-olivers-army-due-to-lyric-controversy/

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    SOURCE: CMU

    Date: January 12, 2022

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  • Dark Horse litigation back in court, but judges cautious of over-extending copyright

    Judges in the US Ninth Circuit appeals court maintained their skeptical position yesterday regarding extending copyright protection to short segments of music. Or at least that’s how it seemed as Christian rapper Marcus Gray tried to persuade them to overturn a lower court judgement in his song theft legal battle with Katy Perry.

    Read More: https://completemusicupdate.com/article/dark-horse-litigation-back-in-court-but-judges-cautious-of-over-extending-copyright/

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    SOURCE: CMU

    Date: January 12, 2022

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  • Is it time to go back to the future on internet content regulation?

    It’s no secret that governments are actively trying to manage internet content. Committees of the Congress, the EU, as well as democratic and authoritarian governments everywhere have been seeking new laws directly controlling internet content.

    Read More: https://thehill.com/opinion/technology/589317-is-it-time-to-go-back-to-the-future-on-internet-content-regulation

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    SOURCE: The Hill

    Date: January 12, 2022

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  • Radio Music License Committee Reaches ‘Conditional’ Settlement With Global Music Rights

    The RADIO MUSIC LICENSE COMMITTEE (RMLC) has reached a conditional settlement agreement with IRVING AZOFF’s GLOBAL MUSIC RIGHTS (GMR), ending long-running lawsuits between the parties. GMR will send each broadcaster a direct communication about the settlement, which it says will be confidential and should not be discussed outside the station’s radio group.

    Read More: https://www.allaccess.com/net-news/archive/story/214398/radio-music-license-committee-reaches-conditional-

  • Fairness Rocks news

    SOURCE: All Access

    Date: January 6, 2022

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  • WME Hit With Fraud Suit By ‘La La Land’ Composer Over Concert Packaging Deal; Agency Says Claims “Without Merit”

    EXCLUSIVE: A stinging lawsuit filed Monday by the composer of La La Land may leave WME wishing they’d been slipped the wrong envelope.

    However, unlike the Academy Awards’ Best Picture debacle of 2017, the breach of contract, negligence and fraud complaint by Oscar and Grammy winner Justin Hurwitz against the agency and its now-divested production arm Endeavor Content over a touring “live-to-film concert” of the Damien Chazelle-directed movie seems much more than a mere sleight of hand.

    Read More: https://deadline.com/2022/01/wme-fraud-lawsuit-ari-emanuel-la-la-land-justin-hurwitz-1234906098/#recipient_hashed=3a259dd7948fa5cf81748fd59fbfdb0cdc19448cf6f4bf505f19cde98578e9d3

  • Fairness Rocks news

    SOURCE: Deadline

    Date: January 10, 2022

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  • Bob Dylan urges court to uphold ruling in dispute with former collaborator’s estate

    Bob Dylan would like it to be known that judge Barry Ostrager was dead right when he dismissed a lawsuit filed by the estate of one of his former collaborators. And given just how dead right Ostrager undoubtedly was, why allow that estate to have a second go at grabbing a cut of Dylan’s big pay day from his 2020 Universal catalogue deal?

    Read More: https://completemusicupdate.com/article/bob-dylan-urges-court-to-uphold-ruling-in-dispute-with-former-collaborators-estate/

  • Fairness Rocks news

    SOURCE: CMU

    Date: January 10, 2022

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  • China Prohibits All Music Platforms From Inking Exclusive Copyright Deals Following Tencent Music Crackdown

    About four months after Tencent Music (NYSE: TME) officially canceled its exclusive-music deals to comply with an order from the Chinese government, a copyright-oversight agency has barred all domestic streaming platforms from signing the agreements.

    Read More: https://www.digitalmusicnews.com/2022/01/07/music-platforms-exclusive-deals-china/?utm_source=Daily+Snapshot&utm_campaign=30cfae08cd-Daily_Snapshot_January_10_2022&utm_medium=email&utm_term=0_2fb43ebd24-30cfae08cd-21364965&mc_cid=30cfae08cd&mc_eid=bc3b3ee17f

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    SOURCE: Digital Music News

    Date: January 7, 2021

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  • The streaming royalty wars return

    A LANDMARK YEAR FOR STREAMING MUSIC — The Copyright Royalty Board is set to return to the spotlight as it decides the rates that digital music services like Apple Music and Google must pay songwriters and music publishers for their work through 2027. The board, part of the Library of Congress, determines the rates for five-year periods if the groups can’t reach agreement on their own.

    Read More: https://www.politico.com/newsletters/morning-tech/2022/01/07/the-streaming-royalty-wars-return-799731

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    SOURCE: Politico

    Date: January 7, 2022

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  • Top Disney Lawyer To Become Top Copyright Office Lawyer, Because Who Cares About The Public Interest?

    People at the Copyright Office seem to get mad at me every time I suggest that the Copyright Office is captured by Hollywood, and pointing out how top officials there all seem to bounce back and forth between the Copyright Office and Hollywood.

    Read More: https://abovethelaw.com/2022/01/top-disney-lawyer-to-become-top-copyright-office-lawyer-because-who-cares-about-the-public-interest/

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    SOURCE: Above The Law

    Date: January 7, 2021

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  • Catch ’22: A Complete* List Of Absolutely Everything The Music Business Needs To Fix Or Get Rid Of In 2022 (*Almost)

    Fans of chronology will almost certainly have noticed by now that it is a new year.

    This is traditionally a time for ablution, scouring the past and treating the calendar as a palimpsest where one can set some goals (some noble, some not always achievable) for the 12 months ahead.

    In keeping with that fine convention, here are 22 things the music business really needs to stop doing or to fix before the calendar flips over into 2023.

    Read More: https://www.musicbusinessworldwide.com/catch-22-a-complete-list-of-absolutely-everything-the-music-business-needs-to-fix-or-get-rid-of-in-2022-almost12/

  • Fairness Rocks news

    SOURCE: Music Business Worldwide

    Date: January 5, 2022

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  • Nipsey Hussle Estate Wins Restraining Order Against Counterfeit Merchandisers

    Back in September, the estate of Nipsey Hussle filed a trademark infringement lawsuit against a number of merchandisers for allegedly selling unauthorized products bearing the late rapper’s name and likeness. Now, the presiding judge has granted the plaintiff’s motion for a temporary restraining order.

    Read More: https://www.digitalmusicnews.com/2022/01/04/nipsey-hussle-counterfeit-merch-order/

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    SOURCE: Digital Music News

    Date: January 4, 2022

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  • Are You Up To Date Online?

    DGA Members,

    Start the new year off right by making sure the Guild has your updated contact information in order to keep you fully informed about the latest Guild news and events. Also, take advantage of our newly-added ability to customize your email preferences to receive information tailored to your interests and learn how to utilize the website’s “Remember Me” function and more.

    Read More: https://www.dga.org/News/Guild-News/2022/Jan2022/AreYouUpToDateOnline-PB.aspx

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    SOURCE: DGA

    Date: January 4, 2021

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  • Will Streaming Peak and 10 More Questions for Hollywood in 2022

    2022 figures to be another year of massive change in Hollywood.

    Three major deals — Amazon’s purchase of MGM, CAA’s merger with ICM, Discovery’s takeover of WarnerMedia — all are on track to become a reality in 2022 (more on that below). That means more reorganizations, more layoffs and more consolidation from others seeking to compete in a content-based industry undergoing massive change.

    Read More: https://www.thewrap.com/hollywood-2022-questions-streaming-peak/?utm_source=newsletter&utm_medium=email&utm_campaign=breaking_news_5729398

  • Fairness Rocks news

    SOURCE: The Wrap

    Date: January 4, 2022

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  • David Bowie: Singer’s estate sells rights to his entire body of work to WCM

    David Bowie’s estate has sold the publishing rights to his “entire body of work” to Warner Chappell Music, including hundreds of songs such as Space Oddity, Changes and Let’s Dance.

    WCM now has global music publishing rights to his song catalogue, the singer’s estate told the BBC.

    Read More: https://www.bbc.com/news/entertainment-arts-59860096

  • Fairness Rocks news

    SOURCE: BBC News

    Date: January 3, 2022

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  • Now the voice dubbing industry is being disrupted by AI

    The Israeli startup DeepDub claims that it can dub films, television shows, and video games while retaining the pitch and tone of the original actors in any given process. This allows them to recreate the voices of famous actors in other languages, as well as provide an efficient alternative to hiring voice actors to dub individual films or television shows.

    Read More: https://analyticsindiamag.com/now-the-voice-dubbing-industry-is-being-disrupted-by-ai/

  • Fairness Rocks news

    SOURCE: Analytics India Mag

    Date: January 3, 2021

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  • Nirvana ‘Nevermind’ Baby Album Cover Lawsuit Dismissed by Judge

    The lawsuit over Nevermind’s album art that Spencer Elden lobbied against Nirvana was dismissed by a judge on Monday (Jan. 3) after Elden, the 30-year-old man photographed for the album cover when he was a baby, missed a deadline to file an opposition in the case.

    Elden (pictured above) had until Dec. 30 to refile after members of the defunct grunge band and their related business entities sought a dismissal two weeks ago. They said Elden had spent the last three decades profiting from his celebrity as the “Nirvana Baby” and that the suit was past the statute of limitations.

    Read More: https://loudwire.com/nirvana-nevermind-baby-lawsuit-dismissed/

  • Fairness Rocks news

    SOURCE: LoudWire

    Date: January 3, 2022

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  • Lou Reed Album Stealthily Dropped Before Christmas — Then Quickly Withdrawn

    A 17-track album of Lou Reed demos dropped in Europe right before Christmas — before disappearing days later.

    The album was titled “I’m So Free: The 1971 RCA Demos” and was released by RCA/Sony Music on iTunes in Europe. It was not available in the United States and just a few days later, the entire collection was pulled. The Lou Reed album was part of a copyright dump on RCA’s part to keep the copyright in their hands.

    Read More: https://www.digitalmusicnews.com/2022/01/03/lou-reed-album-copyright-dump-2021/

  • Fairness Rocks news

    SOURCE: Digital Music News

    Date: January 3, 2022

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  • Music Publishers Win Major Copyright Fight Over Streaming of Legendary Rock Concerts

    A federal judge concludes that Wolfgang’s Vault lacked requisite license to stream hundreds of iconic songs.

    The Wall Street Journal once called Wolfgang’s Vault, a collection of thousands of live concert performances, “the most important collection of rock memorabilia and recordings ever assembled.”

    On Monday, however, in a case that went into the finer details of music licensing and featured depositions from Rock and Roll Hall of Famers Keith Richards, David Byrne and Michael Stipe, a federal judge concluded that the owners of Wolfgang’s Vault had committed massive copyright infringement by streaming the collection to the public.

    Read More: https://www.hollywoodreporter.com/business/business-news/music-publishers-win-major-copyright-fight-streaming-legendary-rock-concerts-1101359/

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    SOURCE: The Hollywood Reporter

    Date: April 10, 2018

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