James A. Rose

The "safe harbor" of the Digital Millennium Copyright Act, found specifically in Title 17, section 512 of the United States Code, seems to be decreasing in size. This has positive ramifications for copyright holders in the music industry. Billboard Biz recently reported that Charter Communications is a defendant in a lawsuit filed by record labels and publishers alleging that it refused to take "reasonable measures" to limit copyright infringement by its subscribers. Considering the result of a similar action initiated by BMG Rights Management in 2014 and decided  on appeal in February 2018 by the federal Fourth Circuit, the labels and publishers may be in a strong position to win a judgment against Charter. The BMG vs. Cox Communications  suit resulted in a settlement after the appellate panel found jury instruction errors and remanded the case.  But the key part of the opinion upheld summary judgment for BMG on the argument of Cox that it was entitled...

The world of trademark is not as simple as one might think. And that is what lawyers are for. When Luke Bryan winds up the CMA Music Festival Sunday night at Nissan Stadium in Nashville, he will have a single registration for the 32 BRIDGE mark that salutes his Georgia heritage. But the restaurant and bar mark won't yet be registered.  And if you're thinking that one registration covers all uses and possible uses, think again. If you're filing for a merchandise/clothing, you're not automatically protected for restaurants and bars. In fact, there are really two types of marks: "Trademark" is a universal term, but some marks are really used as service marks. There are 45 international classes, mostly used for administrative purposes by the United States Patent and Trademark Office ("USPTO"). The big point of administration for you is that you pay an extra fee of at least $225 if you apply for more than one class of goods or services. The first...

The year is 1991, and Stephen Perry and Phil Brown are recording demos on an eight-track recorder in Brown's California home. They write two compositions: "Somebody Somewhere" and "Don't Push the River". Brown shows Perry two other songs he previously wrote, and Perry lays down vocals for all four songs. The two musicians enter into a modest administration agreement designating Perry as administrator in perpetuity  of the two co-writes. Perry advances Brown $1500, recoupable against collection of writer and publisher royalties. Brown, in turn, executes a promissory note for payment of the $1500 in the event that the songs do not make Perry's next LP. The songs do not make the LP For the Love of Strange Medicine , released in 1994. But the tapes remain with Brown. In 2002, attorneys for the two parties exchange terse letters regarding ownership of the sound recordings. But the dispute never makes its way into court. Fast forward to October 2018, ...