Toto Can’t “Hold the Line”: Sony Prevails in Digital Royalty Dispute with Classic Rockers

A New York federal judge recently ruled in favor of Sony Music Entertainment (“SME”) in the latest dispute over the proper characterization of artist royalties on digital music sales, dismissing a breach of contract claim brought by rock group Toto (best known for the hits “Africa” and “Rosanna”). Ever since the Ninth Circuit’s 2010 decision

Copyright on the Wild Side

It’s been theorized that if you give a million monkeys a million typewriters, they will eventually produce the entire collected works of William Shakespeare. It’s been proven, however, that if a troupe of monkeys steals a camera, one will eventually take a really good selfie. By now you’ve probably heard this story, but just in

The Future of Video

By Simon N. Pulman Consumption of online video continues to grow at a rapid pace. Online video ad revenue is projected to reach nearly $5 billion in 2016, while premium streaming video distributors including Netflix, Hulu Plus and Yahoo are stepping up their licensing and commissioning of original content. Most industry observers believe that online

Producing Content in Emerging Markets

By Simon N. Pulman As the marketplace for entertainment content becomes increasingly global and the middle classes in the BRICS nations (i.e., Brazil, China, Russia, India and South Africa) become both larger and equipped with greater disposable income, content owners of all kinds are looking exploit their intellectual properties in international markets. As part of

Negotiating Digital Distribution Agreements

By Simon N. Pulman Digital and direct distribution options have created new opportunities for producers seeking to leverage multiple platforms to find new revenue streams and audiences for their work. While the traditional “all rights” deal will continue to exist as long as there are major distributors willing to pay a minimum guarantee and give

CDAS To Moderate Two Panels At BookExpo America This Week

CDAS Partner Kenneth N. Swezey will moderate a panel on business opportunities and funding essentials in digital publishing at BookExpo America on Wednesday, May 28th. The event description is below, while additional details can be found here.

How And Why Aereo Got To The Supreme Court

Note: This blog is cross-posted from Law360.com with permission from Portfolio Media, Inc. This spring, the U.S. Supreme Court will hear arguments in a case that could have significant impacts on several segments of the television industry. While it may seem unusual that a dispute centered on dime-sized antennas would capture the attention of the high

Fourth Circuit Holds That Clicks May Transfer Copyright: Metropolitan Regional Information Systems, Inc., v. American Home Realty Network, Inc.

On July 19th, 2013, the Fourth Circuit held for the first time that copyright interests can be transferred electronically under Section 204 (a) of the Copyright Act. The Fourth Circuit’s decision adds to a growing body of law suggesting that an electronic “click” or “tap” can constitute a “signed writing” for purposes of transferring copyright

CDAS Hosts “The Great Fair Use Debate”

CDAS hosted a lively panel on the legal and practical implications on the fair use exemption at our New York office this past Wednesday, June 19th. CDAS partners J. Stephen Sheppard, Nancy E. Wolff andMarc H. Simon were joined by Dennis Reiff, principal at entertainment insurance specialists Reiff & Associates, LLC. The panelists discussed the key issues to be aware