Posts Tagged ‘riaa’

Court rejects RIAA’s arguments against 24 cent ringtone royalty rate

Recording Industry Ass’n of America, Inc. v. Librarian of Congress, — F.3d —, 2010 WL 2487842 (D.C. Cir. June 22, 2010) Recorded music is usually subject to copyright protection in two ways — the musical composition (think sheet music and lyrics) is protected by one copyright, and the actual sound recording is protected by another [...]

Record companies win $1.92 million in case against individual file sharer

There has only been one copyright infringement case filed against an individual accused of illegally sharing music files over the internet to actually go to trial. That’s the case of Capitol Records v. Jammie Thomas. In October 2007, a jury in the U.S. District Court for the District of Minnesota returned a verdict of $222,000 [...]

The Pirate Bay verdict is no big deal

The big news story of the day is the guilty verdict from a Swedish court against the four guys behind The Pirate Bay. The judge sentenced them to a year in prison for facilitating copyright infringement and also ordered them to pay millions of dollars. The righteous indignation flows like akvavit. I cannot see any [...]

RIAA’s need for discovery was not so urgent

Elektra Entertainment Group, Inc. v. Does 1-6, No. 08-444 (S.D. Ohio February 5, 2009) The RIAA’s de-emphasis on lawsuits against individual file sharers may underlie the result in a recent case from a federal court in Ohio. The music industry plaintiffs had sought expedited discovery so they could learn which members in a household (either [...]

What could the RIAA’s switch in strategy mean?

The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases against individual file sharers. The RIAA now says it will [...]

Court tosses abuse of process claim brought by former file sharing defendant

Chan v. Priority Records, LLC, No. 07-15449, 2008 WL 2447147 (E.D. Mich. June 18, 2008) Priority Records sued Candy Chan for copyright infringement, claiming she used iMesh to download and trade music files. The record company withdrew the suit when Ms. Chan told them it was her daughter that traded the files. The daughter became [...]

Distribution under the Copyright Act requires more than merely making copies available

Atlantic Records v. Howell, No. 06-2076 (D. Az. April 29, 2008) Several record companies, including Atlantic Records, sued Pamela and Jeffrey Howell after the record companies learned, through their private investigator, that the Howells used KaZaA to share files. After discovery in the matter closed, the record companies moved for summary judgment, asserting that the [...]

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