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.

According to EFF:

As part of a ploy to squeeze more money out of the mobile phone companies, the American Society of Composers, Authors, and Publishers (ASCAP) has told a federal court that each time a phone rings in a public place, the phone user has violated copyright law. Therefore, ASCAP argues, phone carriers must pay additional royalties or face legal liability for contributing to what they claim is cell phone users’ copyright infringement.

In an amicus brief filed Wednesday, EFF points out that copyright law does not reach public performances “without any purpose of direct or indirect commercial advantage” — clearly the case with cell phone ringtones. If phone users are not infringing copyright law, then mobile phone service providers are not contributing to any infringement.

While ASCAP is targeting phone carriers, you know who would foot the bill.

“This is an outlandish argument from ASCAP,” said EFF Senior Intellectual Property Attorney Fred von Lohmann. “Are the millions of people who have bought ringtones breaking the law if they forget to silence their phones in a restaurant? Under this reasoning from ASCAP, it would be a copyright violation for you to play your car radio with the window down!”

What do you think? Should musicians get a penny every time a phone rings – or should ASCAP forget about nickel and diming people and look for better ways of helping musicians make money?

Image: nayshe??64 is having problems with her compute

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

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.

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?

If the music industry wants to punish this guy, they should just stop sending him the f****** CDs!

If they keep arresting DJs, though, DJs are going to look elsewhere for new music to play.

via techdirt

Image: bookgrl

Tiger Direct

Tiger Direct has asked for a temporary restraining order and injunction against Apple Computer. The lawsuit focuses on the release of Apple’s OS X 10.4 operating system. Apple has been running a large multi-media marketing campaign, promoting OS X 10.4 “Tiger”.

According to Tiger Direct, Apple’s promotions use the term “Tiger” in relationship to “products from manufacturers and product categories which are basically the same as the offerings by Tiger Direct.”

A preliminary injunction hearing has been scheduled for Tuesday, May 3, 2005.

The site is a project of Downhill Battle, a site that documents and promotes music activism against the major record labels, and promotes independent music. The site has two main goals.

• To make it impossible for the five major record labels to use legal threats to stifle musical art. Their plan is to publicly distribute works that are driven underground by the major labels.
• To advocate for common-sense reforms to copyright law that can make sampling legal and practical for artists, and benefiting both the musicians who created source material and sample-based musicians who are using it to create new works. For an informed and vibrant discussion to exist on these topics, sample-based music needs to be readily available. To determine whether current copyright law is serving musicians and fans, the public needs to be able to hear the kind of work that’s currently being suppressed.

The site is distributing an easy BitTorrent installer to help distribute banned works.