legal battles

The Electronic Frontier Foundation (EFF) urged a federal court Wednesday to “reject bogus copyright claims” from the music industry that could meant that you could get charged a performance fee every time your cell phone rings in public. Read more…

Die Mensch Maschine got rebuffed by a court in Germany, which told electronica pioneers Kraftwerk that Moses Pelham did not violate their copyrights by using an unauthorized sample of one of their songs, Metal on Metal, in one of his productions.

The ruling overturns an earlier decision against Pelham.

Judges in Berlin said the two second extract did not infringe copyright, as Pelham’s song was substantially different.

While the decision is a victory for people that want to creatively remix and recycle culture, it also increases the likelihood that Kraftwerk’s songs, or your songs, are going to be used as the backing track for a lame, derivative hip-hop track. 

What do you think of this decision?

via BBC

Image: yamchild

Unbefriggingbelievable.

Violent crime is on the rise in the US.

We can’t find Osama Bin Laden in seven years.

Millions of illegal aliens are hiding in the country, gainfully employed. 

And we’re arresting music bloggers. 

A Los Angeles blogger has been arrested for allegedly sharing music online. Twenty-seven-year-old Kevin Cogill was arrested by FBI agents at his home Wednesday and charged with violating federal copyright laws. He is accused of releasing several Guns N’ Roses songs from their album Chinese Democracy before the album’s commercial release.

Cogill was arrested in his pajamas, and government agents recommended that bail be set at $50,000.

What does this tell the world about US law enforcement priorities?

We’re keeping the world safe for big business.

Post-punk pioneers Devo are suing McDonald’s over a Happy Meal doll that sports the band’s signature red flower pot hat.

In April, McDonald’s introduced a series of American Idol Happy Meal toys based on a range of music styles, including Disco Dave, Country Clay, Rockin’ Riley and Soulful Selma.

Devo’s complaint is that the toy “New Wave Nigel” is based on the band’s image, and that the doll plays a Devo-esque song.

Bass player Gerald Casale said the band were taking legal action against McDonald’s for using their copyrighted hat without permission.

“We are in the midst of suing them,” Casale told AAP.

“This New Wave Nigel doll that they’ve created is just a complete Devo rip-off,” said Devo bassist Gerald Casale, “The red hat is exactly the red hat that I designed, and it’s copyrighted and trademarked.”

“They didn’t ask us anything. Plus, we don’t like McDonald’s, and we don’t like American Idol, so we’re doubly offended.”

While it’s clear that this toy was derived from Devo’s trademark image, you have to wonder if Devo itself has devolved, when it’s suing McDonalds over appropriating the band’s 25-year old image, instead of doing something new.

A London-based DJ is thought to be the first person prosecuted in the UK for selling promotional CDs.

According to a Digital Media Wire report:

A London-based DJ and music critic has been arrested on suspicion of theft and money laundering in connection with his alleged selling of 150 pre-release albums on eBay, according to a statement from the International Federation of the Phonographic Industry (IFPI), a record label trade group.

The case involves the alleged sale of promotional or review copies of albums from artists including Kelly Rowland, Foals and Grand National before their official release dates.

“People who have access to pre-release music by virtue of their job, and who sell or distribute it illegally, should note that record companies, large and small, are taking a zero tolerance approach to such activity. We will notify the police of their actions and we expect the police will take such a crime very seriously,” said John Kennedy, chairman and CEO of IFPI.

I know that the music industry has its share of troubles – but don’t you think that the police have more important things to do with their time than busting DJ’s for selling promo CDs? Read more…