James A. Rose

This edition of the James Rose Blog About Law is focused on the general scope of compulsory licensing of sound recordings and the major changes that stemmed from the Music Modernization Act ("MMA") signed into law by President Trump in October of 2018. Section 115 of the Copyright Act of 1978 is the statute for this short blog analysis.  Parts of it are already well known.  A compulsory license may be obtained only if the primary purpose is to distribute the musical work to the public for private use.  The sound recording must be fixed lawfully in a material object known in the legal world as a phonorecord with distribution authorized by the owner of the copyright before another person may obtain a compulsory license. An important component of the MMA is the requirements of record keeping.  The copyright owner must  identify himself or herself in a registration or other public records of the copyright office.  This is an important point of detail f...

Spotify reporting its first operating profit.   A new significant amendment to copyright law in the fall of 2018.   New rate determinations and posturing on both sides of the publisher/writer versus digital services debate.   From a legal perspective, these are intriguing times in this business of music we love. The Bluewater Music Services Corporation vs. Spotify, Inc. action currently in the midst of discovery in the U.S. District Court – Middle District of Tennessee and set to go to trial in January of 2020 serves as a snapshot of the ongoing debate regarding music publishing royalties and the current position of stakeholders in the process. An article written by Marc Schneider and published in Billboard Biz on February 6, 2019, reports that Spotify scored its first operating profit in the fourth quarter of 2018.   The company which began in Stockholm, Sweden, in 2005 now streams to 78 countries and plans to expand to India.   It reports double-d...

If you're anywhere close to the music industry, you have no doubt heard some buzz since President Trump signed the Orrin G. Hatch - Bob Goodlatte Music Modernization Act ("MMA") into law on October 11, 2018. As you might expect, the exact course of implementation has yet to be determined. And there are some new positions of influence that have yet to be filled. But we are aware of the amendments to the federal copyright code. To begin full explanation of the MMA, it is helpful to review other parts of copyright law that were already in place prior to the MMA becoming law. If you own a copyrighted work, you have certain exclusive rights associated with it. Four such rights are important when considering the rights associated with sound recordings  (as opposed to the musical compositions that are contained in such recordings): To reproduce the work in copies or in material objects known legally as phonorecords. To produce a derivative work based on the original ...

You are an alternate residential parent in the State of Tennessee and are paying for your son or daughter's wireless phone and data plan. The other parent becomes irritated at you and destroys or confiscates the phone, claiming authority to do so as the primary residential parent. Where is the law on this? And what, if any, recourse do you have? Many of you have seen the form parenting plan published at tncourts.gov and required in divorce cases throughout our state. You may also be aware of divorce forms approved by the Supreme Court of Tennessee (now available with or without children) that are user friendly and streamline the process for divorcing spouses who cannot afford an attorney and who can agree on divorce terms, including terms of a Parenting Plan. Key elements of a Tennessee Parenting Plan (available online) are: Residential parenting schedule, including designation of a primary residential parent. Includes holidays, school breaks, summer schedule, Christmas ...

Not all "trademarks" are actually trademarks. If you're thinking about a series of downloadable  albums of music, don't apply for "Really Sensational Jams". If you're opening a new honky tonk on Lower Broadway in Nashville, don't call your attorney about "Beer & Burgers on Broadway" as your name brand. It might compete with Dierks Bentley, Luke Bryan, and Kid Rock. But it won't earn you a registration certificate from the United States Patent and Trademark Office ("USPTO"). It is always a tough role to be a "buzz kill" when a creative client calls regarding a name or brand with wild enthusiasm. Of course, they don't understand the law and trademark application process. That is why they're calling you. And they don't want you to merely tell them what they want to hear.  But they also don't want to hear that their latest, greatest name may not register. Applying for a trademark in 2018 and ...

No - the process of legally establishing a father is not as simple as you may think it is at first glance. There are several ways to accomplish becoming (or UN - becoming) a father pursuant to the law of Tennessee. Surprisingly, in my days as a juvenile and family attorney, I have seen some courts err in their determinations regarding legal fathers. In the world of dependent and neglected child, many times two fathers are named in a petition - a "legal" father and an "alleged" father. Here is my analysis, method by method, of establishing paternity (a/k/a fatherhood). 1. Marriage It would seem that the fact of the mother being married at the time of birth greatly simplifies the process of establishing paternity. If you are one of my fellow attorneys checking out this blog, give me a call. I will send you the statutes of reference for this post. The law in Tennessee only presumes  that the husband of the mother is the father of her newborn child. This applies i...

Note:   This post was inspired in part by a Billboard Biz article written by Steve Knopper entitled "Why Music Executives Seek Lawyers With Conflicts of Interest: 'It's a Very Incestuous Business'" and published October 19, 2018.  Any reference to the "article" or "the Billboard  article is to this article. You're a developing recording artist and ready to roll with your first major label record deal. You simply smile and nod when told who your attorney for the deal will be. But something trips in your mind when you learn that this attorney will simultaneously represent the label. You need a divorce and have children with your spouse. Or your relationship with the other parent of your children is on the skids, and a court-ordered parenting plan will become necessary soon. You seen no harm in saving money and hassle and just hiring one lawyer. But when you sit down to meet with the lawyer, he or she slides over a sheet of paper captione...