AUGUST & JULY 2005
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MUSIC - Hip-hop star wages master battle: Kanye West suing Chicago deejay over 10 unreleased tunes
by Rudolph Bush, Chicago Tribune August 30, 2005 -- A battle over 10 unreleased tunes by hip-hop superstar Kanye West escalated into a federal lawsuit Monday complete with accusations of a forged signature and a fake contract. In the 20-page suit, West contends that Chicago deejay Eric `E-Smoove' Miller possesses master recordings of tracks the 28-year-old Grammy winner created prior to his 18th birthday. Miller, who owns Focus Music Group in Richton Park, began his career as a deejay in the early 1980s and is known as a force in the creation of "house music." Miller and West worked together creating songs before West achieved fame, according to the suit. Among those songs are several master recordings that West says Miller improperly tried to distribute this year. They include such tracks as "Stop Frontin'" and "Ho!!!," that West's attorneys say Miller offered to distributors using a fake contract with West's forged signature. In February, Miller "represented to Galt Entertainment that [he] had a contract with West to exploit the unauthorized masters and presented Galt Entertainment with a document entitled `Focus Music Group --Artist Recording Agreement' which they represented was signed by West and Miller on May 19, 1995," the suit states."In fact, this document was a complete and utter fraud," according to the suit. Calls to Miller and an attorney listed in the suit as representing him were not returned Monday afternoon. According to the suit, Miller tried to reach a North American distribution agreement with Galt for $450,000, but the Nashville company was suspicious of the 1995 contract and sought out West's attorneys for guidance. At that point, Miller tried to cover his tracks, sending out an e-mail to West's representatives calling the contract a "dummy" he was using to get a foot in the door with distributors, the suit charges. West's attorneys quote from a letter that they say Miller sent after learning the allegedly forged contract had been discovered. "It was never supposed to leave the broker's hands but one of the distributors must have gotten anxious while we were researching the numbers," Miller wrote, according to West's attorneys. When he couldn't get a response from West's representatives, Miller went to the source closest to West, his mother Donda, the suit says."Donda informed Miller ... West would not consent" to the release of the tracks, the suit states. West's attorneys insisted that the public dispute is particularly damaging now, as West releases his latest album "Late Registration. "In addition to payment of no less than $1.3 million, West has demanded that Miller cease from ever using his name or voice in connection with the sale or "exploitation" of the master recordings.
MUSIC - Vengeful Sharon Osbourne shortchanges Ozzfest fans (class-action suits) by Mark Brown August 27, 2005 Rocky Mountain News -- On paper, it sounds like a great rock rivalry. Iron Maiden toured on Ozzfest, with frontman Bruce Dickenson taking swipes at Ozzy Osbourne from the stage on an almost nightly basis. So Sharon Osbourne - the savviest woman in music and well-deserving her Cruella DeVille image - decided to get revenge. Last week on the last night Maiden was on the tour - and the biggest stop, a 40,000-plus hotter-than-hell, middle-of-nowhere venue at the desert edge of the Los Angeles basin - she got it. In an Osbourne-orchestrated ambush, Iron Maiden was pelted with eggs, so much so that drummer Nicko McBrain had to stop and wipe off his kit to keep playing. Pre-recorded chants of "OZZY! OZZY!" were played through the sound system. When Maiden did play a number, the sound system would suddenly shut off in the middle. Finally, after the band left the stage, Osbourne came out and sent some obscenities their way. She later tried to cover her atrocious, unprofessional behavior by issuing a statement that not only had Dickenson dissed Ozzy, but "it also offended me every night how he took out the English flag in America," saying that it disrespected American troops. I guess we better hope The Who never tours again. At first, it's easy to chuckle from afar. But the arrogance of Osbourne is sickening. Many of those fans paid $150 a ticket to see a full show and they got cheated. It's that rock-star mentality that isn't limited just to rock - people in all stripes of the entertainment industry still don't seem to realize that the word "fan" really equals "customer." And that customers walk away when the service is bad, whether that bad service takes the form of a ruined rock show, commercials before the movie, a child-molestation trial or using Oprah's couch as a trampoline. The rock world, however, seems particularly unable to grasp the concept of "the show must go on." A glitch happens, and Ashlee Simpson squirms off the stage on live TV. There are Axl Rose's canceled shows, both back in the day with the real Guns N' Roses and in modern times with the new ringers he hired under that name. There are Ryan Adams' ongoing breakdowns onstage, many of them now circulating on the Internet as sort of gruesome aural train wrecks. And, as always, there's no recourse for the fans who are cheated. Creed is held up as one of the most egregious examples. At a Dec. 29, 2002, concert in Chicago, fans went to the show expecting to see the band's biggest hits. Instead, they got a short show where singer Scott Stapp wasn't able to make his way through a single Creed number. Stapp "was so intoxicated and/or medicated that he was unable of tossing the lyrics of a single Creed song," fans later complained in a class-action lawsuit filed against the band to get their ticket money back. "Stapp left the stage on several occasions during songs for long periods of time, rolled around on the floor of the stage in apparent pain or distress and appeared to pass out while on stage during the performance." Given that they'd just completed a successful U.S. tour, you'd think the supposedly Christian band would be willing to make it good to the fans - give a refund to those who wanted it, or redo the concert for ticket holders. In an amazing display of arrogance, however, the band merely issued a statement saying that fans should be happy that they "definitely experienced the most unique of all Creed shows and may have become a part of the unusual world of rock 'n' roll history!" The lawsuit was dismissed. In 2003, fans - again in Chicago - went to a Limp Bizkit show only to have singer Fred Durst stalk offstage after only 17 minutes of what was supposed to be a full set. At least those fans got six songs, and in Durst's defense, he was being pelted by bottles and garbage after the crowd turned on him, according to news reports. I've said it before: I think there's a class-action suit available every time an artist's CDs are reissued in improved sound. Not surround-sound mixes or expanded editions, but just the straight remastering of previously released albums that have been done by the likes of Led Zeppelin, the Rolling Stones, Bob Dylan, Van Morrison, Neil Young and countless others. Fans already have paid full price for these discs with the expectation that they were getting CD-quality, top-notch, taken-from-the-masters sound. Often, however, CDs were pressed off of inferior tapes. Then the record companies have the gall to say "Wait a minute - here's the real deal. You're welcome to buy it again." Then again, a lot of fans have a bad response when a performer tries his best to show them a good time. On the Ghost of Tom Joad tour in '95 and '96, Bruce Springsteen told fans from the stage to be quiet. This current solo acoustic tour finds him not only doing that, but passing out flyers before the show asking for quiet and explaining that drink sales also would end at showtime to keep the foot traffic down. I'm sure the overwhelming majority of fans appreciated hearing his songs unmarred, but I got a large number of complaints from people who resented "being told what to do at a concert" (though I suspect the beer cutoff was the biggest sticking point). As the movie and music industries are learning, fans won't pay good money for bad product and abuse. Word is that this is the last Ozzfest tour. If it's not, fans should make sure that it is anyway.
MUSIC - Synthesizer Innovator Robert A. Moog Dies - 08.22.2005, Associated Press -- He may not have been a rock star himself, but Robert A. Moog's influence can be heard in the music of bands from The Beatles to Yes, Herbie Hancock to Chick Corea. Moog, whose self-named synthesizers turned electric currents into sound and helped revolutionize rock, died Sunday of a brain tumor at his home in Asheville, according to his company's Web site. He was 71. "He brought electronic music to the masses and changed the way we hear music," said Charles Carlini, a New York City concert promoter. "He's like an Einstein of music." Moog's synthesizer allowed musicians to generate a range of sounds that could mimic nature or seem otherworldly by flipping a switch, twisting a dial or sliding a knob. His instrument stood out from others on the market because it was small, light and versatile. "I'm an engineer. I see myself as a toolmaker and the musicians are my customers," Moog said in 2000. "They use my tools." The Beatles used a Moog synthesizer on their 1969 album "Abbey Road"; a Moog was used to create an eerie sound on the soundtrack to the 1971 film "A Clockwork Orange." A childhood interest in the theremin, one of the first electronic musical instruments, would lead Moog to create a business that tied the name Moog as tightly to synthesizers as the name Les Paul is to electric guitars. As a Ph.D. student in engineering physics at Cornell University, Moog developed his first voltage-controlled synthesizer modules with composer Herb Deutsch. By the end of the year, R.A. Moog Co. marketed the first commercial modular synthesizer. "Suddenly, there was a whole group of people in the world looking for a new sound in music, and it picked up very quickly," said Deutsch, a Hofstra University emeritus music professor. "The Moog came at the right time." As extended keyboard solos in rock and funk - and later hip-hop and techno - took off, Moog's instrument was used in songs by Manfred Mann, Yes and Pink Floyd. "The sound defined progressive music as we know it," said Keith Emerson, keyboardist for the rock band Emerson, Lake and Palmer. Keyboardist Walter (later Wendy) Carlos demonstrated the range of Moog's synthesizer by recording the hit album "Switched-On Bach" in 1968 using only the new instrument instead of an orchestra. "Every time you listen to the radio, you listen to Robert Moog's influence," said Carlini, who staged Moogfest in May 2004 to mark a half-century since Moog founded his first company. But the synthesizer's ability to mimic strings, horns and percussion has also threatened some musicians. In 2004, musicians extracted a promise from the Opera Company of Brooklyn to never use an advanced kind of synthesizer, called a virtual orchestra machine, in future productions. Moog spent the early 1990s as a research professor of music at the University of North Carolina at Asheville before turning full-time to running his new instrument business, which was renamed Moog Music in 2002. The roster of customers includes Nine Inch Nails, Pearl Jam, Beck, Phish, Sonic Youth and Widespread Panic. Moog is survived by his wife, Ileana; two daughters, a son, a stepdaughter, and his former wife, Shirleigh Moog. A public memorial is scheduled for Wednesday in Asheville.
MUSIC - Music Industry Worried About CD Burning - MBN 08.17.2005 -- Music copied onto blank recordable CDs is becoming a bigger threat to the bottom line of record stores and music labels than online file-sharing, the head of the recording industry's trade group said Friday. A report by AP says "Burned" CDs accounted for 29 percent of all recorded music obtained by fans in 2004, compared to 16 percent attributed to downloads from online file-sharing networks, said Mitch Bainwol, chief executive for the Recording Industry Association of America.The data, compiled by the market research firm NPD Group, suggested that about half of all recordings obtained by music fans in 2004 were due to authorized CD sales and about 4 percent from paid music downloads."CD burning is a problem that is really undermining sales," Bainwol said in an interview prior to speaking before about 750 members of the National Association of Recording Merchandisers in San Diego Friday.Copy protection technology "is an answer to the problem that clearly the marketplace is going to see more of," he added.Album sales in the North America are down about 7 percent this year compared with a year ago, according to Nielsen SoundScan.Yet the recording industry has seen a lift from online music sales, which when factored in with album and sales of CD singles increased overall music sales through July to 21 percent over last year.The focus on CD burning Friday was welcomed by Alayna Hill-Alderman, who said she has seen music CD sales slide in recent years while sales of blank recordable CDs have soared."We are feeling the decline in our store sales, especially with regard to R&B and the hip-hop world," said Hill-Alderman, co-owner of Record Archive, a two-store company operating in Rochester, N.Y. "It's all due to burning. We've lost tremendous amounts of those sales to flea markets and bodegas."After experimenting with copy-protected CDs in Europe and Latin America in recent years, some record labels have begun releasing albums in North America with similar copy restrictions. The CDs typically allow users to burn no more than a handful of copies.Velvet Revolver's "Contraband," released last year, was equipped with such copy-protection technology and grabbed the top sales spot in its debut week.Some saw that as a sign music fans didn't mind CDs with copy restrictions. But other releases since, such as the latest Foo Fighters album, have sometimes spawned fan complaints that the restrictions go too far or create technology conflicts with portable audio devices.Simon Wright, chief executive of Virgin Entertainment Group International, which oversees the Virgin chain of music stores, said he's in favor of labels releasing more albums in a copy-protected CD format, regardless of the potential for consumer backlash."If, particularly, the technology allows two-to-three burns, that's well within acceptable limits and I don't think why consumers should have any complaints," Wright said.
MUSIC - Falcon Beach looking for great songs
August 16, 2005 WINNIPEG -- Calling all indie bands! The producers of Global's upcoming Falcon Beach are looking for songs to be featured in the debut season of the one-hour drama series. Original Pictures and Insight Productions have put out a call for bands from coast to coast to submit their songs for consideration. Last January, Falcon Beach premiered on Global as a two-hour pilot that featured 16 songs from indie bands like Pilate, Doctor, Paper Moon and Matt Mays & El Torpedo, as well as songs from established major label artists like Sam Roberts, Holly McNarland and Sloan. Currently in production for a 13-part series, the Falcon Beach producers are planning to once again include some of the incredible musical talent that comes out of Canada in each episode of the series. "This is a unique opportunity for us to showcase homegrown Canadian talent and offer aspiring bands a chance to have their music heard internationally," said executive producers John Brunton and Kim Todd. In addition to being aired nationally on Global Television this winter, the series will air on the Disney-owned U.S. broadcaster ABC Family, which is available in 87 million homes across the U.S., during the summer of 2006. To be eligible for consideration, bands must have a professionally mastered recording available on CD. All entries must be submitted by Sept. 15, and include, a CD, bio, contact information and signed submission release. Submission releases are available for download on the Falcon Beach official website at www.falconbeach.ca Aspiring bands can send their submissions to: Sarah WebsterS.L. Feldman & Associates Ltd.Suite 200, 1505 West 2nd Avenue, Vancouver, BC, V6H 3Y4. email: webster@slfa.com Only bands whose songs have been chosen will be contacted. Submissions will not be returned.
MUSIC - Canadian Singer Leonard Cohen's fortune wiped out by Scott Stinson, National Post, Tuesday, August 16, 2005 -- Leonard Cohen is almost broke and embroiled in a bitter legal dispute with former close associates that runs contrary to his Zen Buddhist beliefs. Mr. Cohen's financial and legal woes are detailed in a Maclean's magazine report that describes how the poet, singer and songwriter discovered in October that his retirement savings had been whittled from an estimated US$5-million to about US$150,000. "I was devastated," the Maclean's story quotes Mr. Cohen as saying when he learned of his lost fortune, which has required him to mortgage a house to pay legal bills. Mr. Cohen, 70, has only been aware of his money problems for less than a year, but it seems they coincide with a 2001 decision to put the proceeds from an US$8-million sale of his copyright and royalty rights into a company called Traditional Holdings LLC. Maclean's says the new company was 99.5% owned by Kelley Lynch, Mr. Cohen's personal manager since 1988. Mr. Cohen held 0.5% of the company. The magazine story says the unusual arrangement was decided upon for tax reasons, but that Mr. Cohen trusted absolutely the motives of Ms. Lynch and the guidance of his long-time financial advisor, Neal Greenberg. Over the next few years, according to a lawsuit filed in Colorado in June, Ms. Lynch borrowed repeatedly from Traditional Holdings coffers, sometimes taking out tens of thousands of dollars at a time. While Mr. Cohen fired Ms. Lynch upon learning of his depleted bank balance in October, he told Maclean's that Mr. Greenberg is also to blame for allowing the repeated withdrawals to continue without warning the singer-songwriter directly about his problems. Mr. Greenberg, whose money-management firm Agile Group is based in Denver, has insisted Mr. Cohen was aware of his financial dealings. He said he launched the June lawsuit against Mr. Cohen -- Ms. Lynch is also named -- because the singer-songwriter and his lawyer, Robert Kory, were trying to extort money from him. The lawsuit says Mr. Cohen and his lawyer threatened to go public with allegations of his financial mismanagement in attempt to ruin his business. "Agile states that Cohen and Kory falsely claim that Agile bears responsibility for the alleged misappropriation of Cohen's invested funds by Cohen's former manager," the lawsuit says. "The complaint also states that Cohen and Kory attempted to [and in some instances did] recruit third parties in their conspiracy and procure false testimony." Mr. Greenberg's lawsuit also says Mr. Cohen spent much of his missing millions in order to support his "extravagant 'celebrity' lifestyle," although repeated newspaper profiles have described Mr. Cohen as someone who avoids the trappings of celebrity and maintains modest homes in Montreal and Los Angeles. Mr. Kory released a statement in June that said Mr. Greenberg's claim was "completely consistent with Agile's reckless disregard for its client and his investments." "We had hoped to reach an out-of-court settlement with Agile that returned to Mr. Cohen some portion of the retirement money the firm was authorized to administer on his behalf. Instead, in the middle of negotiations to determine Agile's responsibilities to Mr. Cohen to compensate him for money lost under their management, Agile launched a surprise attack in an effort to besmirch the reputation of one of its notable clients," the statement said, adding that a countersuit would be forthcoming. None of the allegations in Mr. Greenberg's lawsuit has been proven in court. Ms. Lynch told Maclean's she had done nothing wrong and said she would sue Mr. Cohen and others involved in the case. The magazine quotes Mr. Cohen as saying he only decided to sue upon realizing he would have to pay taxes on millions of dollars he no longer had. "I don't want anybody hurt," he says. "It's not my nature to pursue and contend with people that way."
MUSIC - Russia no longer on top of global piracy watchdog's blacklist
15/ 08/ 2005 MOSCOW (RIA Novosti, Alexei Peslyak) - Music and film piracy may be still a problem in Russia, but the country is no longer on top of the global piracy watchdog's blacklist, a senior copyright official in Russia said Monday. Alexander Romanenkov, the deputy head of Russia's Federal Office for Media Law Enforcement and Cultural Heritage Protection, acknowledged that copyright holders in the West often accused Russia of unauthorized copying of recorded music and film, and of a failure to pay royalties on copyrighted content. But he said that thanks to effective efforts by domestic law-enforcement agencies, Russia's share in global music piracy had now been cut to 7.3%, so the nation was no longer among the world top ten copyright violators on the International Federation of Phonographic Industries (IFPI) blacklist. Romanenkov also said that a U.S.-Russian working group for intellectual property protection and a Russian government commission set up for the purpose in December 2002 were dealing with copyright-related concerns in intergovernmental relations.
BOOKS - Judge Rules for 'Da Vinci' Author
BOOKS - Chinese pirates work magic on 'Potter' by Associated Press Sunday, July 31, 2005 BEIJING -- It's missing some paragraphs and gets a couple of facts wrong, but the wizards of China's thriving piracy industry have worked their magic again and produced a rush translation of the latest Harry Potter book. An unauthorized Chinese version of "Harry Potter and the Half-Blood Prince" was on sale Sunday in Beijing, just two weeks after the book appeared in English and almost three months ahead of the planned October launch of the official Chinese-language edition. Impatient Chinese fans also have begun posting their own translations online. One reader was so upset about the ending he wrote his own and posted it on a university Web site. The fantasy series by J.K. Rowling is wildly popular in China, where the hero is known as "Ha-li Bo-te" and authorized translations of five earlier books have sold millions of copies. In 2002, an unknown Chinese author produced an entire fake adventure, "Harry Potter and Leopard-Walk-Up-To-Dragon." Chinese leaders, under pressure from the United States and the country's other trading partners, have promised repeatedly to stamp out the country's rampant piracy of goods ranging from books and movies to drugs and designer clothes. But such fakes are still widely available, and foreign companies say they are losing billions of dollars in potential sales. A Chinese-character softcover version of the newest Harry Potter installment was being sold off a tarp in an underpass in downtown Beijing for 20 yuan, or $2.50, while the official English-language hardcover books sell in Beijing for the equivalent of $21. The saleswoman would not say where she got the book but said she had been selling copies since Friday. The fake book looked identical to the first five tales put out by People's Literature Publishing House, the mainland firm that purchased the rights to publish Harry Potter in Chinese. However, several crucial pages of action are missing and there are some critical mistranslations, such as using the word "immortal" at one point when the original says "mortal." The earlier authorized translations were produced by a team of veteran children's book translators. Pirated versions of those books and the movie spin-offs are widely available in China. The People's Literature Publishing House plans to launch the official Chinese version of the new book Oct. 15, the Beijing Daily Messenger newspaper reported Sunday. In 2003, the publisher tried to beat pirates to market by rushing out its own translation of Rowling's previous book, "Harry Potter and the Order of the Phoenix," 10 days before its scheduled release. At that time, the company offered a reward for reporting piracy, but it was not clear whether it caught any copycats. A spokesman for Rowling's London agent, Christopher Little, said two weeks ago the agent had successfully taken action against Chinese pirates but declined to give details. China is regarded as the world's biggest source of illegally copied goods ranging from Hollywood movies and Microsoft Corp. software to Ralph Lauren designer shirts and Callaway golf clubs. stimates of potential lost sales to legitimate producers worldwide range from $16 billion to as much as $50 billion a year. China's own producers of music, software and other goods say they also suffer huge losses. In response to complaints from it trading partners that fines were too light to deter pirates, China has begun imposing jail time for violations. The government said in June that during an eight-month crackdown it had arrested some 2,600 people and destroyed 63 million compact discs and other counterfeit goods estimated to be worth $105 million. Earlier this month, Chinese officials promised to further step up anti-piracy efforts during a visit by U.S. Commerce Secretary Carlos Gutierrez. They said they would file more criminal charges in copyright cases, crack down on Chinese exports of pirated products and focus special attention on movie piracy. evertheless, counterfeit goods are still widely available in Chinese shops. It is estimated that 70 percent of pirated products coming into the United States originate in China. Since the English-language release of the latest Harry Potter book, Chinese fans have begun sharing their own translations for free on Web sites, including those run by Beijing's elite Tsinghua and Peking universities. On the Tsinghua site, a fan writing under the name Woodchuckle was so upset by Rowling's ending that he wrote and posted his own. A notice posted on the Tsinghua site from its administrator told users that several postings were deleted because they contained illegal electronic versions of the book. The notice said the university had received a warning from a law firm but did not give any other details. Fans also use the chat rooms to talk about their reactions to the new plot twists, opinions on the characters or what they felt they learned from the story. "As soon as I saw the book in the bookstore, I bought it and rushed home to read it," wrote one fan writing on the Tsinghua site. "I didn't finish it until the middle of the night and then I cried like crazy." Chinese and English paperback copies of 'Harry Potter and the Half-Blood Prince' bought from the streets cost RMB20 (US$2.40) and RMB30 ($3.60) respectively in Beijing. The official Chinese version of the popular book is expected only in October this year. Harry's reach is global -- but only English (book translations)by Hillel Italie Associated Press 27 July 2005, NEW YORK -- Check out the front window of Manhattan's Libreria Lectorum, one of the largest Spanish-language bookstores in the United States, and you'll see a witch's hat and a handful of copies of Harry Potter and the Half-Blood Prince -- in English. While millions have already finished the sixth book in J.K. Rowling's fantasy series, fans hoping to read it in other languages will have to wait. Translating a 672-page book is a long process, made longer by the strict security imposed on Half-Blood Prince by Rowling and her publishers. Translators didn't get to see the book until it officially came out on July 16. "The Spanish publisher (Salamandra Editorial, based in Barcelona) is just getting started and told us that the translation will probably be ready in the spring of 2006," says Marjorie Samper, product manager of Lectorum Publications, a Spanish-language book distributor that oversees the Lectorum store and is in turn owned by Scholastic Inc., Rowling's U.S. publisher. The Potter books are enormously popular throughout the world and have been translated into dozens of languages, with German and Japanese editions doing especially well. But Neil Blair, a representative from Rowling's literary agency, said that the first translations of any kind for Half-Blood Prince -- German and Mandarin so far -- aren't expected until the fall. Lectorum officials say customers are frequently calling and visiting the store with requests for the Spanish version of Half-Blood Prince. Samper said she expects a comparable level of interest to the previous Potter book, Harry Potter and the Order of the Phoenix, which had a first printing of more than 50,000, a number as high as for such popular Spanish-language authors as Isabel Allende and Jorge Ramos. "A lot of customers are asking about it. I have a waiting list of 80-90 people," says Miguel Salvat, marketing director for the Miami-based Libreria Universal. "Obviously, people would be happier if we had the book, but they don't get upset. They understand there's nothing we can do about it." With the Hispanic population topping 35 million in the United States, the book industry is well aware of the Spanish-language market, by far the biggest non-English market in the country. Random House Inc., Harper Collins and Simon & Schuster are among the publishers with Spanish-language imprints; the superstore chains Barnes & Noble Inc. and Borders Group have expanded their Spanish offerings. "We've consistently seen double-digit growth for the last number of years," says Randi Sonenshein, Border's category manager for books in Spanish. She said demand was high both for books originally published in Spanish, such as the novels of Gabriel Garcia Marquez, and for books in translation, such as Da Vinci Code author Dan Brown's works. But getting translations into stores is often frustrating -- sometimes hurried, sometimes slow. A number of factors can interfere: delays in getting the manuscript to translators; the intricacies of translation, especially for literary fiction; and a reluctance even to commit to a Spanish edition until the English work has proved successful. "With Harry Potter, you don't have to decide whether the book will succeed in Spanish, but for some books, you wonder how big the market will be," says Milena Alberti, director of Spanish-language publishing at Vintage Espanol, a Random House imprint. "We just acquired (Carlos Eire's) Waiting for Snow in Havana and we'll publish it in the fall. It won a National Book Award (in 2003) and was kind of a surprise success. That's something we couldn't have known before the book came out." Hot editor Karp gets Warner imprintHillel Italie, Associated Press Thursday, July 21, 2005 NEW YORK -- Jonathan Karp, the editor of Seabiscuit, The Orchid Thief and many other bestsellers at Random House Inc., will run his own imprint at Warner Books. Karp, who left Random House in June, has been named publisher and editor-in-chief of Warner Twelve, which will release 12 books a year. "The idea of being both the publisher and editor of the books I work on is something I've aspired to my entire career," Karp said Thursday. "And I love the idea of only publishing 12 books a year. It's so hard to get people to pay attention to books and the best things a publisher can do is lavish its own attention." The first Warner Twelve book is expected to come out in spring 2007. The 41-year-old Karp was in his mid-20s when he joined Random House as an editorial assistant and soon displayed a knack for spotting bestsellers, especially narrative non-fiction. His many authors included Laura Hillenbrand, best known for Seabiscuit; Susan Orlean, who wrote The Orchid Thief; Senator John McCain; Donald Trump; and Po Bronson. Karp seemed to enjoy publicizing books as much as acquiring them, and once helped organize a U.S.-wide contest to find an author to write a sequel to the late Mario Puzo's Godfather novels. Mark Winegardner's The Godfather Returns was a bestseller last year. Karp believes that Warner, publisher of Malcolm Gladwell's Blink and Jon Stewart's America (The Book), shares his aggressive approach. "They take a position and go for it full throttle," he said. "I think that's an exciting way of publishing." Although he rose to editor-in-chief of the Random House and Villard imprints, Karp left the publisher in June, saying he wanted more autonomy and "to stretch some muscles." On Thursday, Warner Books publisher Jamie Raab said "we're hiring him because we believe he can do what he set out to do, so he's going to have a great deal of control. "But nobody gets total control," she said. "We're part of a corporate culture, and everybody has some controls placed on them."
MERCHANDISING - Pam Anderson being sued in California - Sunday, August 07, 2005 Associated Press LOS ANGELES - Former "Baywatch" star Pamela Anderson is being sued for breach of contract for allegedly not making herself available for promotional events. United Licensing Group Inc., which is arranging for the manufacture of the star's perfume, clothing and other merchandise, claims Anderson has not been sufficiently available at signings, shoots and trade shows, according to a Superior Court lawsuit filed Thursday. United Licensing claims it has a five-year contract but that Anderson repeatedly decided against licensing proposals. The company also claims it was excluded in Anderson's agreement to have her image on slot machines at Bally's casino and hotel in Las Vegas. A phone call to an Anderson representative was not immediately returned. She is currently starring in the FOX comedy "Stacked."
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MUSIC - Hip-hop star wages master battle: Kanye West suing Chicago deejay over 10 unreleased tunes
by Rudolph Bush, Chicago Tribune August 30, 2005 -- A battle over 10 unreleased tunes by hip-hop superstar Kanye West escalated into a federal lawsuit Monday complete with accusations of a forged signature and a fake contract. In the 20-page suit, West contends that Chicago deejay Eric `E-Smoove' Miller possesses master recordings of tracks the 28-year-old Grammy winner created prior to his 18th birthday. Miller, who owns Focus Music Group in Richton Park, began his career as a deejay in the early 1980s and is known as a force in the creation of "house music." Miller and West worked together creating songs before West achieved fame, according to the suit. Among those songs are several master recordings that West says Miller improperly tried to distribute this year. They include such tracks as "Stop Frontin'" and "Ho!!!," that West's attorneys say Miller offered to distributors using a fake contract with West's forged signature. In February, Miller "represented to Galt Entertainment that [he] had a contract with West to exploit the unauthorized masters and presented Galt Entertainment with a document entitled `Focus Music Group --Artist Recording Agreement' which they represented was signed by West and Miller on May 19, 1995," the suit states."In fact, this document was a complete and utter fraud," according to the suit. Calls to Miller and an attorney listed in the suit as representing him were not returned Monday afternoon. According to the suit, Miller tried to reach a North American distribution agreement with Galt for $450,000, but the Nashville company was suspicious of the 1995 contract and sought out West's attorneys for guidance. At that point, Miller tried to cover his tracks, sending out an e-mail to West's representatives calling the contract a "dummy" he was using to get a foot in the door with distributors, the suit charges. West's attorneys quote from a letter that they say Miller sent after learning the allegedly forged contract had been discovered. "It was never supposed to leave the broker's hands but one of the distributors must have gotten anxious while we were researching the numbers," Miller wrote, according to West's attorneys. When he couldn't get a response from West's representatives, Miller went to the source closest to West, his mother Donda, the suit says."Donda informed Miller ... West would not consent" to the release of the tracks, the suit states. West's attorneys insisted that the public dispute is particularly damaging now, as West releases his latest album "Late Registration. "In addition to payment of no less than $1.3 million, West has demanded that Miller cease from ever using his name or voice in connection with the sale or "exploitation" of the master recordings.
MUSIC - Vengeful Sharon Osbourne shortchanges Ozzfest fans (class-action suits) by Mark Brown August 27, 2005 Rocky Mountain News -- On paper, it sounds like a great rock rivalry. Iron Maiden toured on Ozzfest, with frontman Bruce Dickenson taking swipes at Ozzy Osbourne from the stage on an almost nightly basis. So Sharon Osbourne - the savviest woman in music and well-deserving her Cruella DeVille image - decided to get revenge. Last week on the last night Maiden was on the tour - and the biggest stop, a 40,000-plus hotter-than-hell, middle-of-nowhere venue at the desert edge of the Los Angeles basin - she got it. In an Osbourne-orchestrated ambush, Iron Maiden was pelted with eggs, so much so that drummer Nicko McBrain had to stop and wipe off his kit to keep playing. Pre-recorded chants of "OZZY! OZZY!" were played through the sound system. When Maiden did play a number, the sound system would suddenly shut off in the middle. Finally, after the band left the stage, Osbourne came out and sent some obscenities their way. She later tried to cover her atrocious, unprofessional behavior by issuing a statement that not only had Dickenson dissed Ozzy, but "it also offended me every night how he took out the English flag in America," saying that it disrespected American troops. I guess we better hope The Who never tours again. At first, it's easy to chuckle from afar. But the arrogance of Osbourne is sickening. Many of those fans paid $150 a ticket to see a full show and they got cheated. It's that rock-star mentality that isn't limited just to rock - people in all stripes of the entertainment industry still don't seem to realize that the word "fan" really equals "customer." And that customers walk away when the service is bad, whether that bad service takes the form of a ruined rock show, commercials before the movie, a child-molestation trial or using Oprah's couch as a trampoline. The rock world, however, seems particularly unable to grasp the concept of "the show must go on." A glitch happens, and Ashlee Simpson squirms off the stage on live TV. There are Axl Rose's canceled shows, both back in the day with the real Guns N' Roses and in modern times with the new ringers he hired under that name. There are Ryan Adams' ongoing breakdowns onstage, many of them now circulating on the Internet as sort of gruesome aural train wrecks. And, as always, there's no recourse for the fans who are cheated. Creed is held up as one of the most egregious examples. At a Dec. 29, 2002, concert in Chicago, fans went to the show expecting to see the band's biggest hits. Instead, they got a short show where singer Scott Stapp wasn't able to make his way through a single Creed number. Stapp "was so intoxicated and/or medicated that he was unable of tossing the lyrics of a single Creed song," fans later complained in a class-action lawsuit filed against the band to get their ticket money back. "Stapp left the stage on several occasions during songs for long periods of time, rolled around on the floor of the stage in apparent pain or distress and appeared to pass out while on stage during the performance." Given that they'd just completed a successful U.S. tour, you'd think the supposedly Christian band would be willing to make it good to the fans - give a refund to those who wanted it, or redo the concert for ticket holders. In an amazing display of arrogance, however, the band merely issued a statement saying that fans should be happy that they "definitely experienced the most unique of all Creed shows and may have become a part of the unusual world of rock 'n' roll history!" The lawsuit was dismissed. In 2003, fans - again in Chicago - went to a Limp Bizkit show only to have singer Fred Durst stalk offstage after only 17 minutes of what was supposed to be a full set. At least those fans got six songs, and in Durst's defense, he was being pelted by bottles and garbage after the crowd turned on him, according to news reports. I've said it before: I think there's a class-action suit available every time an artist's CDs are reissued in improved sound. Not surround-sound mixes or expanded editions, but just the straight remastering of previously released albums that have been done by the likes of Led Zeppelin, the Rolling Stones, Bob Dylan, Van Morrison, Neil Young and countless others. Fans already have paid full price for these discs with the expectation that they were getting CD-quality, top-notch, taken-from-the-masters sound. Often, however, CDs were pressed off of inferior tapes. Then the record companies have the gall to say "Wait a minute - here's the real deal. You're welcome to buy it again." Then again, a lot of fans have a bad response when a performer tries his best to show them a good time. On the Ghost of Tom Joad tour in '95 and '96, Bruce Springsteen told fans from the stage to be quiet. This current solo acoustic tour finds him not only doing that, but passing out flyers before the show asking for quiet and explaining that drink sales also would end at showtime to keep the foot traffic down. I'm sure the overwhelming majority of fans appreciated hearing his songs unmarred, but I got a large number of complaints from people who resented "being told what to do at a concert" (though I suspect the beer cutoff was the biggest sticking point). As the movie and music industries are learning, fans won't pay good money for bad product and abuse. Word is that this is the last Ozzfest tour. If it's not, fans should make sure that it is anyway.
MUSIC - Synthesizer Innovator Robert A. Moog Dies - 08.22.2005, Associated Press -- He may not have been a rock star himself, but Robert A. Moog's influence can be heard in the music of bands from The Beatles to Yes, Herbie Hancock to Chick Corea. Moog, whose self-named synthesizers turned electric currents into sound and helped revolutionize rock, died Sunday of a brain tumor at his home in Asheville, according to his company's Web site. He was 71. "He brought electronic music to the masses and changed the way we hear music," said Charles Carlini, a New York City concert promoter. "He's like an Einstein of music." Moog's synthesizer allowed musicians to generate a range of sounds that could mimic nature or seem otherworldly by flipping a switch, twisting a dial or sliding a knob. His instrument stood out from others on the market because it was small, light and versatile. "I'm an engineer. I see myself as a toolmaker and the musicians are my customers," Moog said in 2000. "They use my tools." The Beatles used a Moog synthesizer on their 1969 album "Abbey Road"; a Moog was used to create an eerie sound on the soundtrack to the 1971 film "A Clockwork Orange." A childhood interest in the theremin, one of the first electronic musical instruments, would lead Moog to create a business that tied the name Moog as tightly to synthesizers as the name Les Paul is to electric guitars. As a Ph.D. student in engineering physics at Cornell University, Moog developed his first voltage-controlled synthesizer modules with composer Herb Deutsch. By the end of the year, R.A. Moog Co. marketed the first commercial modular synthesizer. "Suddenly, there was a whole group of people in the world looking for a new sound in music, and it picked up very quickly," said Deutsch, a Hofstra University emeritus music professor. "The Moog came at the right time." As extended keyboard solos in rock and funk - and later hip-hop and techno - took off, Moog's instrument was used in songs by Manfred Mann, Yes and Pink Floyd. "The sound defined progressive music as we know it," said Keith Emerson, keyboardist for the rock band Emerson, Lake and Palmer. Keyboardist Walter (later Wendy) Carlos demonstrated the range of Moog's synthesizer by recording the hit album "Switched-On Bach" in 1968 using only the new instrument instead of an orchestra. "Every time you listen to the radio, you listen to Robert Moog's influence," said Carlini, who staged Moogfest in May 2004 to mark a half-century since Moog founded his first company. But the synthesizer's ability to mimic strings, horns and percussion has also threatened some musicians. In 2004, musicians extracted a promise from the Opera Company of Brooklyn to never use an advanced kind of synthesizer, called a virtual orchestra machine, in future productions. Moog spent the early 1990s as a research professor of music at the University of North Carolina at Asheville before turning full-time to running his new instrument business, which was renamed Moog Music in 2002. The roster of customers includes Nine Inch Nails, Pearl Jam, Beck, Phish, Sonic Youth and Widespread Panic. Moog is survived by his wife, Ileana; two daughters, a son, a stepdaughter, and his former wife, Shirleigh Moog. A public memorial is scheduled for Wednesday in Asheville.
MUSIC - Music Industry Worried About CD Burning - MBN 08.17.2005 -- Music copied onto blank recordable CDs is becoming a bigger threat to the bottom line of record stores and music labels than online file-sharing, the head of the recording industry's trade group said Friday. A report by AP says "Burned" CDs accounted for 29 percent of all recorded music obtained by fans in 2004, compared to 16 percent attributed to downloads from online file-sharing networks, said Mitch Bainwol, chief executive for the Recording Industry Association of America.The data, compiled by the market research firm NPD Group, suggested that about half of all recordings obtained by music fans in 2004 were due to authorized CD sales and about 4 percent from paid music downloads."CD burning is a problem that is really undermining sales," Bainwol said in an interview prior to speaking before about 750 members of the National Association of Recording Merchandisers in San Diego Friday.Copy protection technology "is an answer to the problem that clearly the marketplace is going to see more of," he added.Album sales in the North America are down about 7 percent this year compared with a year ago, according to Nielsen SoundScan.Yet the recording industry has seen a lift from online music sales, which when factored in with album and sales of CD singles increased overall music sales through July to 21 percent over last year.The focus on CD burning Friday was welcomed by Alayna Hill-Alderman, who said she has seen music CD sales slide in recent years while sales of blank recordable CDs have soared."We are feeling the decline in our store sales, especially with regard to R&B and the hip-hop world," said Hill-Alderman, co-owner of Record Archive, a two-store company operating in Rochester, N.Y. "It's all due to burning. We've lost tremendous amounts of those sales to flea markets and bodegas."After experimenting with copy-protected CDs in Europe and Latin America in recent years, some record labels have begun releasing albums in North America with similar copy restrictions. The CDs typically allow users to burn no more than a handful of copies.Velvet Revolver's "Contraband," released last year, was equipped with such copy-protection technology and grabbed the top sales spot in its debut week.Some saw that as a sign music fans didn't mind CDs with copy restrictions. But other releases since, such as the latest Foo Fighters album, have sometimes spawned fan complaints that the restrictions go too far or create technology conflicts with portable audio devices.Simon Wright, chief executive of Virgin Entertainment Group International, which oversees the Virgin chain of music stores, said he's in favor of labels releasing more albums in a copy-protected CD format, regardless of the potential for consumer backlash."If, particularly, the technology allows two-to-three burns, that's well within acceptable limits and I don't think why consumers should have any complaints," Wright said.
MUSIC - Falcon Beach looking for great songs
August 16, 2005 WINNIPEG -- Calling all indie bands! The producers of Global's upcoming Falcon Beach are looking for songs to be featured in the debut season of the one-hour drama series. Original Pictures and Insight Productions have put out a call for bands from coast to coast to submit their songs for consideration. Last January, Falcon Beach premiered on Global as a two-hour pilot that featured 16 songs from indie bands like Pilate, Doctor, Paper Moon and Matt Mays & El Torpedo, as well as songs from established major label artists like Sam Roberts, Holly McNarland and Sloan. Currently in production for a 13-part series, the Falcon Beach producers are planning to once again include some of the incredible musical talent that comes out of Canada in each episode of the series. "This is a unique opportunity for us to showcase homegrown Canadian talent and offer aspiring bands a chance to have their music heard internationally," said executive producers John Brunton and Kim Todd. In addition to being aired nationally on Global Television this winter, the series will air on the Disney-owned U.S. broadcaster ABC Family, which is available in 87 million homes across the U.S., during the summer of 2006. To be eligible for consideration, bands must have a professionally mastered recording available on CD. All entries must be submitted by Sept. 15, and include, a CD, bio, contact information and signed submission release. Submission releases are available for download on the Falcon Beach official website at www.falconbeach.ca Aspiring bands can send their submissions to: Sarah WebsterS.L. Feldman & Associates Ltd.Suite 200, 1505 West 2nd Avenue, Vancouver, BC, V6H 3Y4. email: webster@slfa.com Only bands whose songs have been chosen will be contacted. Submissions will not be returned.
MUSIC - Canadian Singer Leonard Cohen's fortune wiped out by Scott Stinson, National Post, Tuesday, August 16, 2005 -- Leonard Cohen is almost broke and embroiled in a bitter legal dispute with former close associates that runs contrary to his Zen Buddhist beliefs. Mr. Cohen's financial and legal woes are detailed in a Maclean's magazine report that describes how the poet, singer and songwriter discovered in October that his retirement savings had been whittled from an estimated US$5-million to about US$150,000. "I was devastated," the Maclean's story quotes Mr. Cohen as saying when he learned of his lost fortune, which has required him to mortgage a house to pay legal bills. Mr. Cohen, 70, has only been aware of his money problems for less than a year, but it seems they coincide with a 2001 decision to put the proceeds from an US$8-million sale of his copyright and royalty rights into a company called Traditional Holdings LLC. Maclean's says the new company was 99.5% owned by Kelley Lynch, Mr. Cohen's personal manager since 1988. Mr. Cohen held 0.5% of the company. The magazine story says the unusual arrangement was decided upon for tax reasons, but that Mr. Cohen trusted absolutely the motives of Ms. Lynch and the guidance of his long-time financial advisor, Neal Greenberg. Over the next few years, according to a lawsuit filed in Colorado in June, Ms. Lynch borrowed repeatedly from Traditional Holdings coffers, sometimes taking out tens of thousands of dollars at a time. While Mr. Cohen fired Ms. Lynch upon learning of his depleted bank balance in October, he told Maclean's that Mr. Greenberg is also to blame for allowing the repeated withdrawals to continue without warning the singer-songwriter directly about his problems. Mr. Greenberg, whose money-management firm Agile Group is based in Denver, has insisted Mr. Cohen was aware of his financial dealings. He said he launched the June lawsuit against Mr. Cohen -- Ms. Lynch is also named -- because the singer-songwriter and his lawyer, Robert Kory, were trying to extort money from him. The lawsuit says Mr. Cohen and his lawyer threatened to go public with allegations of his financial mismanagement in attempt to ruin his business. "Agile states that Cohen and Kory falsely claim that Agile bears responsibility for the alleged misappropriation of Cohen's invested funds by Cohen's former manager," the lawsuit says. "The complaint also states that Cohen and Kory attempted to [and in some instances did] recruit third parties in their conspiracy and procure false testimony." Mr. Greenberg's lawsuit also says Mr. Cohen spent much of his missing millions in order to support his "extravagant 'celebrity' lifestyle," although repeated newspaper profiles have described Mr. Cohen as someone who avoids the trappings of celebrity and maintains modest homes in Montreal and Los Angeles. Mr. Kory released a statement in June that said Mr. Greenberg's claim was "completely consistent with Agile's reckless disregard for its client and his investments." "We had hoped to reach an out-of-court settlement with Agile that returned to Mr. Cohen some portion of the retirement money the firm was authorized to administer on his behalf. Instead, in the middle of negotiations to determine Agile's responsibilities to Mr. Cohen to compensate him for money lost under their management, Agile launched a surprise attack in an effort to besmirch the reputation of one of its notable clients," the statement said, adding that a countersuit would be forthcoming. None of the allegations in Mr. Greenberg's lawsuit has been proven in court. Ms. Lynch told Maclean's she had done nothing wrong and said she would sue Mr. Cohen and others involved in the case. The magazine quotes Mr. Cohen as saying he only decided to sue upon realizing he would have to pay taxes on millions of dollars he no longer had. "I don't want anybody hurt," he says. "It's not my nature to pursue and contend with people that way."
MUSIC - Russia no longer on top of global piracy watchdog's blacklist
15/ 08/ 2005 MOSCOW (RIA Novosti, Alexei Peslyak) - Music and film piracy may be still a problem in Russia, but the country is no longer on top of the global piracy watchdog's blacklist, a senior copyright official in Russia said Monday. Alexander Romanenkov, the deputy head of Russia's Federal Office for Media Law Enforcement and Cultural Heritage Protection, acknowledged that copyright holders in the West often accused Russia of unauthorized copying of recorded music and film, and of a failure to pay royalties on copyrighted content. But he said that thanks to effective efforts by domestic law-enforcement agencies, Russia's share in global music piracy had now been cut to 7.3%, so the nation was no longer among the world top ten copyright violators on the International Federation of Phonographic Industries (IFPI) blacklist. Romanenkov also said that a U.S.-Russian working group for intellectual property protection and a Russian government commission set up for the purpose in December 2002 were dealing with copyright-related concerns in intergovernmental relations.
MUSIC - Publishers Join Attack on Copyright Infringement in Karaoke
LOS ANGELES, Aug. 11 /PRNewswire/ -- Music publishers have joinedSybersound Records Inc. in a federal lawsuit significantly widening the attackagainst copyright infringement by karaoke record manufacturers. The lawsuit filed Thursday in U.S. District Court for the Central Districtof Los Angeles alleges that many karaoke companies infringe on copyrights byusing unauthorized songs, failing to secure proper licenses or underreportingsales. The federal court action cites more than 25 copyrighted songs,including such popular titles as "Yeah!" "Cry Me a River," "MissIndependent," and "Let Me Blow Ya Mind." The suit alleges that these songswere used on albums without the permission of copyright holders. "With karaoke becoming more mainstream, songwriters have to take a standagainst infringement of their copyrights," said Carol Vincent, the owner ofCarol Vincent & Associates, a Nashville-based music publishing firm active inthe suit. "Since Sybersound filed suit in Los Angeles Superior Court, there has beenan outpouring of support from publishers," said Robert S. Meloni, counsel forthe publishers joining the action and Sybersound. "Publishers are nowpursuing direct copyright infringement claims and we are expecting many moresongwriters to take up this fight." Sybersound produces high-quality recordings for home-market karaoke useand obtains karaoke synchronization licenses from publishers for songsreleased on its albums and pays royalties based on units sold. The artist-run record company, based in Malibu, California filed suit instate court in May. "With publishers joining the legal challenge, Sybersoundhas dismissed its case from state court and is filing the new action in federal court, which has original jurisdiction of the copyright claims,"explained Peter L. Haviland of Kaye Scholer LLP, trial counsel for Sybersound.
MUSIC - Lil' Kim wins civil case over DVD by Canadian Press, August 10, 2005 NEW YORK -- Rapper Lil' Kim struck back at a man who testified against her at her criminal trial earlier this year, winning a court order preventing him from releasing a DVD using her name and image. U.S. District Judge Jed Rakoff said Wednesday Lil' Kim was entitled to the victory after James (Lil Cease) Lloyd failed to show up at an afternoon court hearing to answer a civil lawsuit she filed against him. Lil' Kim's lawyer Londell McMillan said the lawsuit was a signal that the 30-year-old Grammy Award winner was taking charge of her life and business. "She's no longer fearful of the judicial system," he said. Lil' Kim, who was not required to be in court Wednesday, is scheduled to report to prison Sept. 19 to begin serving a year and a day for perjury and conspiracy convictions after she lied about a 2001 gunfight she witnessed outside a Manhattan radio station. She is the first big-name female rapper to go to prison. Lloyd and Antoine (Banger) Spain, Brooklyn rappers who once teamed with Lil' Kim in the Junior M.A.F.I.A. group, testified at her trial that they saw her at a radio station with her manager and a friend she denied seeing. In her lawsuit, Lil' Kim accused Lloyd of using her name and image to promote a DVD entitled, The Chronicles of Junior M.A.F.I.A. Part II: Reloaded. She said the DVD, like a predecessor, was unauthorized and improperly used her name, image and likeness. She said Lloyd had announced publicly that the DVD would include interviews with him and other members of the Junior M.A.F.I.A. explaining their involvement with her trial. McMillan said Lil' Kim might have consented to her name and image being used if the other rappers had asked. Lloyd, who didn't have a lawyer and was representing himself, couldn't be reached by telephone for comment Wednesday. Lil' Kim was the sidekick and mistress of the late Notorious B.I.G. As a solo artist, she has become known for her revealing outfits and suggestive lyrics. She won a Grammy in 2001 for her part in the hit remake of Lady Marmalade.
MUSIC - ADISQ CD gravés: l'ADISQ contre-attaque (piratage)
Marie-Élaine, Marie-Jo et Marie-Chantal ne seront plus clonées: l'ADISQ déclare la guerre aux revendeurs de disques copiés. La nouvelle campagne de sensibilisation au piratage de l'ADISQ a pas mal plus de mordant que les précédentes : c'est une campagne de répression qu'elle a lancée en envoyant des huissiers au marché aux puces de Saint-Eustache, samedi dernier, pour saisir la marchandise de revendeurs de disques copiés.C'est à la suite des demandes répétées de producteurs de disques et face à l'incapacité policière que l'ADISQ a décidé d'agir. « Ce genre de dossier relève du fédéral, mais les effectifs de la GRC en matière de propriété intellectuelle et de marques de commerce sont trop peu importants pour faire une réelle différence », a simplement laissé entendre la vice-présidente et directrice générale de l'ADISQ, Solange Drouin.1 pour 5 $, 5 pour 20 $« Le message qu'on veut faire passer est clair : copier un disque et le vendre est illégal, et on veut mettre un terme à cette pratique », a pour sa part indiqué le président de l'organisme, Yves-François Blanchet. En tant que producteur de disques (il est à la tête de Diffusion YFB, qui produit notamment les frères Lapointe), M. Blanchet est outré par la désinvolture affichée par ces revendeurs. « Ces gars admettent d'emblée qu'ils vendent des CD copiés. Ils vont même jusqu'à se louer des stands dans des marchés spécifiquement pour ça! »Lorsque les huissiers se sont présentés à eux samedi matin, à Saint-Eustache, ces revendeurs ne leur auraient opposé aucune résistance et leur auraient abandonné leur inventaire, « des centaines de disques », selon Solange Drouin.Ces disques ont l'air vrai : les pochettes sont identiques à celles des originaux et sont emballées. Mais à l'intérieur, le livret est absent, et le disque aussi ; à sa place se trouve un CD gravé de qualité inférieure à l'original.C'est de la petite business, selon M. Blanchet. « Ces CD se vendent 5 $, ou 5 pour 20 $. Les revendeurs ne vont pas faire des affaires d'or, mais on a quand même affaire à des gens qui se sont monté un système sur le dos de nos artistes », dit-il. Les revendeurs fonctionnent en suivant simplement le palmarès : si un artiste est bon vendeur, ils le « brûlent». Ordonnances Avant de pouvoir intervenir dans l'un ou l'autre des 350 marchés aux puces de la province, l'ADISQ a d'abord dû obtenir une ordonnance de la Cour supérieure. Le dossier soumis à la Cour était blindé, la fraude étant évidente. Mais cette ordonnance n'est valide que dix jours : l'ADISQ doit en effet retourner au Palais de justice vendredi pour demander une ordonnance spécifique aux trois revendeurs qui ont été saisis ce week-end, ainsi qu'une prolongation d'un an de leur première ordonnance. Yves-François Blanchet est confiant d'obtenir une telle prolongation, qui donnerait à l'ADISQ « les moyens de pression nécessaires pour enrayer cette pratique illégale, d'autant plus qu'on pourrait revisiter les marchés aux puces l'été prochain ». Le gérant de Marie-Chantal Toupin confronte lui-même les revendeurs. Le mari, gérant et partenaire de Marie-Chantal Toupin combat lui-même les revendeurs sur le terrain.E n tant que copropriétaire de l'étiquette de disques La Québécoise, Eduardo Da Costa est l'un des instigateurs de la nouvelle campagne de dissuasion de l'ADISQ. Il faisait d'ailleurs croisade seul contre les revendeurs de disques copiés en visitant personnellement les marchés aux puces, avant d'être épaulé par l'ADISQ. Il y confrontait les revendeurs, et repartait avec ses CD de Marie-Chantal Toupin. « Il y en avait 15 ou 20 en moyenne par stand, et les vendeurs me les donnaient sans discuter. Il y avait aussi tous les autres : Boom, Éric Lapointe...» Ayant vu le problème de face, l'homme a ses propres solutions en tête. « C'est pas du crime organisé, mais c'est du monde organisé, ça se voit à l'emballage. Au lieu de saisir l'inventaire des vendeurs, on devrait remonter à la source et prendre les producteurs ». Perte de qualité Et, parallèlement, faire une campagne similaire à celle qu'a faite la SAQ pour ses vins, en mettant l'accent sur la qualité : « Quand tu écoutes un CD copié, la perte de qualité est flagrante. Si les gens en étaient conscients, ils n'hésiteraient pas à payer quelques dollars de plus pour avoir la vraie affaire ». Cela dit, Eduardo Da Costa approuve et appuie les efforts déployés par l'ADISQ, soulignant la recrudescence de l'intérêt des Québécois pour leur musique. « Nos artistes vivent une belle phase en ce moment. Si on leur sape leurs revenus, on va leur couper les jambes et nous pénaliser nous-mêmes ». Source: Éric Trudel, Journal de Montréal, 09 aout 2005
Marie-Élaine, Marie-Jo et Marie-Chantal ne seront plus clonées: l'ADISQ déclare la guerre aux revendeurs de disques copiés. La nouvelle campagne de sensibilisation au piratage de l'ADISQ a pas mal plus de mordant que les précédentes : c'est une campagne de répression qu'elle a lancée en envoyant des huissiers au marché aux puces de Saint-Eustache, samedi dernier, pour saisir la marchandise de revendeurs de disques copiés.C'est à la suite des demandes répétées de producteurs de disques et face à l'incapacité policière que l'ADISQ a décidé d'agir. « Ce genre de dossier relève du fédéral, mais les effectifs de la GRC en matière de propriété intellectuelle et de marques de commerce sont trop peu importants pour faire une réelle différence », a simplement laissé entendre la vice-présidente et directrice générale de l'ADISQ, Solange Drouin.1 pour 5 $, 5 pour 20 $« Le message qu'on veut faire passer est clair : copier un disque et le vendre est illégal, et on veut mettre un terme à cette pratique », a pour sa part indiqué le président de l'organisme, Yves-François Blanchet. En tant que producteur de disques (il est à la tête de Diffusion YFB, qui produit notamment les frères Lapointe), M. Blanchet est outré par la désinvolture affichée par ces revendeurs. « Ces gars admettent d'emblée qu'ils vendent des CD copiés. Ils vont même jusqu'à se louer des stands dans des marchés spécifiquement pour ça! »Lorsque les huissiers se sont présentés à eux samedi matin, à Saint-Eustache, ces revendeurs ne leur auraient opposé aucune résistance et leur auraient abandonné leur inventaire, « des centaines de disques », selon Solange Drouin.Ces disques ont l'air vrai : les pochettes sont identiques à celles des originaux et sont emballées. Mais à l'intérieur, le livret est absent, et le disque aussi ; à sa place se trouve un CD gravé de qualité inférieure à l'original.C'est de la petite business, selon M. Blanchet. « Ces CD se vendent 5 $, ou 5 pour 20 $. Les revendeurs ne vont pas faire des affaires d'or, mais on a quand même affaire à des gens qui se sont monté un système sur le dos de nos artistes », dit-il. Les revendeurs fonctionnent en suivant simplement le palmarès : si un artiste est bon vendeur, ils le « brûlent». Ordonnances Avant de pouvoir intervenir dans l'un ou l'autre des 350 marchés aux puces de la province, l'ADISQ a d'abord dû obtenir une ordonnance de la Cour supérieure. Le dossier soumis à la Cour était blindé, la fraude étant évidente. Mais cette ordonnance n'est valide que dix jours : l'ADISQ doit en effet retourner au Palais de justice vendredi pour demander une ordonnance spécifique aux trois revendeurs qui ont été saisis ce week-end, ainsi qu'une prolongation d'un an de leur première ordonnance. Yves-François Blanchet est confiant d'obtenir une telle prolongation, qui donnerait à l'ADISQ « les moyens de pression nécessaires pour enrayer cette pratique illégale, d'autant plus qu'on pourrait revisiter les marchés aux puces l'été prochain ». Le gérant de Marie-Chantal Toupin confronte lui-même les revendeurs. Le mari, gérant et partenaire de Marie-Chantal Toupin combat lui-même les revendeurs sur le terrain.E n tant que copropriétaire de l'étiquette de disques La Québécoise, Eduardo Da Costa est l'un des instigateurs de la nouvelle campagne de dissuasion de l'ADISQ. Il faisait d'ailleurs croisade seul contre les revendeurs de disques copiés en visitant personnellement les marchés aux puces, avant d'être épaulé par l'ADISQ. Il y confrontait les revendeurs, et repartait avec ses CD de Marie-Chantal Toupin. « Il y en avait 15 ou 20 en moyenne par stand, et les vendeurs me les donnaient sans discuter. Il y avait aussi tous les autres : Boom, Éric Lapointe...» Ayant vu le problème de face, l'homme a ses propres solutions en tête. « C'est pas du crime organisé, mais c'est du monde organisé, ça se voit à l'emballage. Au lieu de saisir l'inventaire des vendeurs, on devrait remonter à la source et prendre les producteurs ». Perte de qualité Et, parallèlement, faire une campagne similaire à celle qu'a faite la SAQ pour ses vins, en mettant l'accent sur la qualité : « Quand tu écoutes un CD copié, la perte de qualité est flagrante. Si les gens en étaient conscients, ils n'hésiteraient pas à payer quelques dollars de plus pour avoir la vraie affaire ». Cela dit, Eduardo Da Costa approuve et appuie les efforts déployés par l'ADISQ, soulignant la recrudescence de l'intérêt des Québécois pour leur musique. « Nos artistes vivent une belle phase en ce moment. Si on leur sape leurs revenus, on va leur couper les jambes et nous pénaliser nous-mêmes ». Source: Éric Trudel, Journal de Montréal, 09 aout 2005
MUSIC - FCC's Martin launches payola probe by David B. Wilkerson MarketWatch San Francisco Aug. 8, 2005 -- Federal Communications Commission Chairman Kevin Martin said Monday that the commission's Enforcement Bureau will investigate allegations that Sony BMG Music Entertainment improperly used its influence to get its songs played on radio stations. This practice, known in the radio and record industry for decades, is usually referred to as "payola." Martin said in a statement that he has instructed the FCC's enforcement wing to look into a settlement reached last month between Sony BMG and New York State Attorney General Eliot Spitzer. A year-long probe by Spitzer's office revealed that Sony BMG executives were "well aware" of improper inducements for airplay and "made sure" the company's music got enough exposure from the radio stations involved to justify the payoffs. "If the Bureau determines violations of the payola rules have occurred, the Commission will take swift action," Martin said Monday. "In addition, if the Bureau is presented with evidence of payola rule violations outside of the Sony BMG Music Entertainment settlement, it is to thoroughly investigate those complaints as well." Sony BMG had offered "outright bribes," including electronics, vacation packages and other valuable items, to radio-station programmers, Spitzer's office said. The music giant said in a statement in July that "various employees pursued some radio promotion practices on behalf of the company that were wrong and improper," and that it "apologizes for such conduct." "The FCC has longstanding rules prohibiting payola," Martin said. "These rules serve the important purpose of ensuring that the listening public knows when someone is seeking to influence them. "... While payola may not be a widespread practice in the broadcasting industry, to the extent it is going on, it must stop," he said. Sony BMG is a joint venture of Sony and German media giant Bertelsmann AG. Sony's U.S.-listed shares declined 3 cents to $33.15 on Monday. Bertelsmann shares were down less than 1% in Frankfurt.
MUSIC - Apple set to pay out levies on iPods
Canadian Press August 8, 2005 TORONTO -- People who bought iPods when levies were being imposed on digital music players will soon be able to get their money back, Apple Canada said Monday. "Apple is pleased that the Supreme Court of Canada let stand a lower court ruling that blank media levies on iPods are invalid, and will shortly announce a claims process so consumers can request a refund for the levies they paid," the statement from Apple said. Late last month, the Supreme Court of Canada backed the Federal Court of Canada decision quashing the levy on iPods and other digital music players. The Canadian Private Copying Collective (CPCC) has collected a tax built into the price of the devices since December 2003. The group is a non-profit agency that collects such tariffs on behalf of musicians and record companies. The CPCC stopped charging the levy in December 2004 when the Federal Court overturned the policy at the urging of the Canadian Coalition for Fair Digital Access, a group representing retailers and manufacturers such as Future Shop, Wal-Mart Canada, Apple Canada, Sony Canada and Dell Computer Corporation of Canada. The tariff, while it was in effect, was $2 for non-removable memory capacity of up to one gigabyte, $15 for one to 10 GBs and $25 for more than 10 GB. The CPCC had argued that since the new technology opened yet another avenue to make illegal copies of songs, a levy should be collected on behalf of music creators. Approximately $4 million was collected from sales of digital audio recorders in the one-year period.
Canadian Press August 8, 2005 TORONTO -- People who bought iPods when levies were being imposed on digital music players will soon be able to get their money back, Apple Canada said Monday. "Apple is pleased that the Supreme Court of Canada let stand a lower court ruling that blank media levies on iPods are invalid, and will shortly announce a claims process so consumers can request a refund for the levies they paid," the statement from Apple said. Late last month, the Supreme Court of Canada backed the Federal Court of Canada decision quashing the levy on iPods and other digital music players. The Canadian Private Copying Collective (CPCC) has collected a tax built into the price of the devices since December 2003. The group is a non-profit agency that collects such tariffs on behalf of musicians and record companies. The CPCC stopped charging the levy in December 2004 when the Federal Court overturned the policy at the urging of the Canadian Coalition for Fair Digital Access, a group representing retailers and manufacturers such as Future Shop, Wal-Mart Canada, Apple Canada, Sony Canada and Dell Computer Corporation of Canada. The tariff, while it was in effect, was $2 for non-removable memory capacity of up to one gigabyte, $15 for one to 10 GBs and $25 for more than 10 GB. The CPCC had argued that since the new technology opened yet another avenue to make illegal copies of songs, a levy should be collected on behalf of music creators. Approximately $4 million was collected from sales of digital audio recorders in the one-year period.
MUSIC - New company in charge of Graceland by Woody Baird Canadian Press, August 06, 2005 MEMPHIS, Tenn. -- The pilgrims will still weep at Elvis Presley's grave, and the souvenir shops will still swarm with credit-card waving fans, an occasional black pompadour hardly drawing a glance. But change is in the air: strangers are in Graceland. Lisa Marie Presley has sold the business side of her father's estate and turned over his famous, white-columned house to CKX Inc., an entertainment company that also owns the American Idol TV show. Now, some of fans who flock to Memphis each year to commemorate Presley's death on Aug. 16, 1977, are worried their annual homecoming won't be quite so homey. "They call themselves a company now," said Jean Donovan, a fan from Derry, N.H. Of course, Elvis Presley Enterprises was already a company. Forbes listed Presley as the world's top earning dead entertainer last year. Graceland managers say the Elvis business, which brings in $40 million US a year, is poised to grow even more. CKX says it's looking into "Elvis-related attractions" in places like Las Vegas, Asia, the Middle East and Europe. No details have been announced. "Elvis sells all over the world, and that's where the real opportunity for growth lies for us, to take more of Elvis and Graceland out to the world," said Jack Soden, chief executive of Elvis Presley Enterprises, now a subsidiary of New York-based CKX. Soden oversaw Graceland's opening in 1982, and he's staying on the job. But the Elvis faithful are ever-watchful for hints of change at Graceland, where Presley is buried in a small garden. "I know a lot of the older fans are in an uproar," said Kathie Bryson, a fan from St. Louis. "But then, anything that changes down there puts them in an uproar." Elvis won't be the only American idol in the stables of CKX, a company founded by Robert F.X. Sillerman, an investor who specializes in media and entertainment. A month after the Elvis deal, CKX acquired 19 Entertainment, the British company that produces the TV show American Idol and its British predecessor, Pop Idol. CKX also has an agreement to buy MBST, a Hollywood talent-management company, and expects to make other acquisitions. CKX says its strategy is to buy companies that control "established entertainment content" - which could include music, TV, films and video games - and then to enhance the value of those companies. Sillerman was also a leading founder of SFX Entertainment, a group of sports promotion and live concert properties that sold to Clear Channel Communications for more than $4 billion five years ago. Bishop Cheen, an entertainment analyst for Wachovia Securities, said Sillerman will likely focus on his control of the rights to Presley's name and leave the day-to-day operations of Graceland alone. "He's not known for sacking and burning and pillaging," Cheen said. "He is known for adding value and taking profits." The company went public earlier this year by buying an inactive public company, Sports Entertainment Enterprises Inc. Sillerman changed the name to CKX - for "Content is King," with a final "X" as a signature of his businesses - and simultaneously bought the Presley business in February for about $100 million in cash and stock. The company raised $235 million in an $11-per-share stock offering in June. All but about $50 million went to pay off debts, including the cost of the Elvis business. Shares have been trading recently between $13 and $14 per share. Lisa Marie Presley got $50 million at the sale, stock in CKX and kept a 15 per cent interest in Elvis Presley Enterprises, along with title to Graceland and her father's personal possessions. Priscilla Presley, Lisa Marie's mother and Presley's ex-wife, got $6.5 million and a 10-year consulting contract with CKX at $560,000 a year. She is also on the company's board of directors. When Presley died at age 42 of prescription drug abuse and heart disease, his finances were in sad shape. But led by Priscilla Presley, the estate formed Elvis Presley Enterprises, opened Graceland to the public and began a campaign to solidify the legal rights to make money on Elvis's name and image. Now it's CKX's job to keep that going. Soden said he doesn't expect CKX to make major adjustments in how Graceland and its complex of souvenir shops and museums are run. "They said when we were getting to know them, 1You know, we're not out trying to buy problems. We don't want to buy companies that we have to fix,' " Soden said. For the fans, there's little concern that Elvis's light will dim. They worry instead about access to Graceland and whether an expanding marketplace will show Presley the reverence they believe he deserves. "We're all just waiting to see what changes, if any, will be made," said Jeanne Kalweit of the Elvis Presley TCB Fan Club of Chicago. Cheen understands how seriously the Kingdom takes all of this. "(Sillerman) is a New Yorker and an outsider, so he's got to be under suspicion," he said. "But he's a businessman, you know, not General Sherman."
MUSIC - Montreal indie scene squirms in spotlight: Arcade Fire started the explosion by July 28, 2005 Associated Press by Ari Bendersky MONTREAL -- To find the heart and soul of the Montreal music scene on a recent evening, all one had to do was head to the Mile End neighbourhood, walk into a quaint coffee shop and pop into the intimate back room. About 11 p.m., Former Hot Hot Heat member Dante DeCaro stepped up to the mike at Pharmacie Esperanza. With his guitar slung over one shoulder and harmonica fastened around his neck, DeCaro projected a voice that sounded like pure Dylan -- whiny, melodic, captivating. Standing around were many of DeCaro's friends and fans, including Nick Robinson, an organizer of the influential Pop Montreal International Music Festival; Olga Goreas of the experimental ambient group Besnard Lakes; Nick Diamonds and Jamie Thompson from the now-defunct, once-hopeful Unicorns; and electronic artist Tim Hecker, also known as the techno rebel Jetone. Backing DeCaro on drums was Arlen Thompson of the indie buzz group Wolf Parade, which is scheduled to drop its Sub Pop Records debut, Apologies to the Queen Mary, in September. In many cities, this would qualify as a see-be-seen crowd. But in Montreal, it's the status quo. This is one cosmopolitan city where celebrity and pretence don't exist -- just a strong community of musicians and artists dedicated to their craft. They don't necessarily need approval from the outside world, despite the onslaught of international media attention. But now that it has arrived -- making Montreal a successor to former musical "hotbeds" like Seattle; Austin, Texas; Omaha, Neb.; and the Williamsburg section of Brooklyn -- many here have mixed feelings. "There is a kind of knee-jerk fear reaction among certain people that this is all bad -- that people are going to come here and rape and pillage the pure underground scene," said Dan Seligman, co-founder and creative director of Pop Montreal. "If the attention goes away, then A&R people ("artist and repertoire" executives from music labels) won't swoop in, allowing bands to grow in the proper fashion," said Pop Montreal's Robinson. "We're just musicians trying to do our own thing. Then we got thrust into the spotlight -- we banded together to protect ourselves." Protection from what, exactly, is unclear. Protection from allowing clever musicians and talented artists to gain more attention than if the media hadn't started poking around? Protection from letting some of the quality music get out? "I don't agree with wanting (the spotlight) to go away," said Gary Worsley, co-owner of Montreal-based indie label Alien8 Recordings, which has put out albums by the Unicorns, Merzbow and Kiss Me Deadly, which recently toured with uber-hot group Bloc Party. "It's good for the city. Bands like Pony Up have been able to get a lot of hype on one EP, which would not have happened if we didn't have this attention." What initially brought on this attention can be pegged, in part, to the explosion of one group: the Arcade Fire. Last fall, indie music fans and bloggers sent the Arcade Fire's MP3s around the Internet at breakneck speed. Eventually the band shipped 220,000 copies of its debut, Funeral, on independent label Merge Records -- something fairly uncommon for an indie release without a large distribution partner. This prompted media outlets like Rolling Stone to dub Montreal the "next big scene." But years before the Arcade Fire blew up, many bands were already creating a stir up north. In the mid-1990s, Godspeed You! Black Emperor, an experimental post-rock orchestra, gained international prominence without major label backing, and enjoyed some financial success. Where Godspeed's members could have taken their money and ran, they chose to remain immersed in Montreal's music community. "People reinvested themselves and their money into studios and opened clubs and cafes that gave back to the artists and the community," Seligman said. "The idea of reinvesting your cultural enterprises into the city is important." Godspeed guitarist and current A Silver Mt. Zion member Efrim Menuck, along with local producer Howard Bilerman and Godspeed member Thierry Amar, opened the influential Hotel2Tango recording studio, where the likes of Wolf Parade, Arcade Fire, the Dears, all-girl rock outfit Pony Up! and the psychedelic noise-rock group Et Sans have all laid down tracks. Godspeed bassist Mauro Pezzente and his girlfriend/partner Kiva Stimac gave those artists a few venues to put on shows. The pair run three newer music venues in the now-trendy Plateau Mont-Royal area -- Casa Del Popolo, El Salon and Sala Rossa -- that also double as either a bar, restaurant or cafe. "When I first moved here, there were only like three venues to play in," said Jonathan Cummins, founder of the hard rock band Bionic and a Montreal Mirror columnist. "Today there are so many venues, you can see five different shows a night." Even without big financial success, people give back to the community in other ways. Andre GuDerette, member of the psychedelic noise rock outfit AIDS Wolf, teamed with friend Matt Miller to form Mandatory Moustache, a music promotions company that launched a popular biweekly Tuesday night music series at restaurant/club Le Divan Orange. The bands that play these nights are always local but not necessarily known, a strong reason why Mandatory Moustache picks them for the bill. The evening has built a reputation for showcasing emerging talent across many genres including country, folk, pop and electro. "A lot of times people won't know who the bands are, but will go just because it's a Mandatory Moustache night," Cummins said. "They're young and they think it's wicked and the place to be." Nights like this have been able to thrive for several reasons, including government subsidies for some bands, Montreal's low rent -- Besnard Lakes member and Breakglass Studio founder Jace Lasek pays about $1,800 US per month for his 465-square-metre studio, and his four-bedroom apartment costs $720 - and an attitude of "if you want to do something, do it." There's a strong experimental music scene, lead by the likes of AIDS Wolf, The Besnard Lakes and Sam Shalabi, who all play music in disparate genres: noise rock, avant garde ambient and psychedelic experimental with Middle Eastern influences, respectively. Even alt-country artists like The Adam Brown and neo-folkies like John Lennox have filled particular musical voids. But Montreal wouldn't be Montreal without its majority French community. While much of the spotlight is currently on English-speaking bands, Montreal has a thriving Francophone scene - and many musicians in Anglo bands are of French descent, like Arcade Fire's RDegine Chassagne and all the members of the cartoonish post-punk rock outfit Les Georges Leningrad. But Montreal music always seems to come back to the notion of community. After Wolf Parade - which had never worked with a producer - returned from troubled recording sessions in Portland, Ore., for Apologies to the Queen Mary, singer Dan Boeckner turned to his friend Lasek to remix the songs, resulting in a solid alt-rock effort. When asked about the demise of Unicorns, no one felt comfortable discussing the situation - because it was their friends' business. But whatever happened behind closed doors must have caused a creative spark because Nick Diamonds and Jamie Thompson are now working on not one, but two new projects together: Th' Corn Gangg, a hip-hop outfit with Los Angeles underground rappers Bus Driver and Subtitle; and Islands, a straight-up pop group. So whenever the press attention fades away, it's likely the buzz will pick up somewhere else. "(The spotlight) isn't going to be here forever," said Alien8's Worsley. "There's another scene ready to explode around the corner."
MUSIC - Musique, piraterie et société: l'empire contre-attaque
7 juillet, 2005 par André Mondoux -- Semaine importante pour l'industrie du disque alors que la Cour Suprême des États-Unis a statué que les opérateurs de logiciels et de services de partage, par le biais desquels s'effectue le piratage de musique, pouvaient être l'objet de poursuites. Autrement dit, vous fournissez un outil qui peut être mal utilisé, vous êtes responsable et à ce titre, bien sûr, passible de poursuites judiciaires pour obtenir réparation monétaire. Étonnant que la même logique ne prévaut pas avec les armes à feu, le puissant groupe de lobbying NRA stipulant que ce ne sont pas les armes qui tuent les gens, mais bien les gens eux-mêmes… Au Canada, où l'on suit habituellement les traces de notre géant voisin, mais avec un peu plus de modération, le projet de loi C-60 sur les droits d'auteur propose des modifications qui vont dans le même sens : selon plusieurs observateurs, le projet fait pencher la balance du côté des détenteurs de propriété intellectuelle au détriment des usagers, en facilitant la voie aux poursuites judiciaires afin de lutter contre la cause principale du déclin des ventes : le piratage. Mais qui sont les véritables « pirates » ? Il faut bien le reconnaître, la causalité entre le piratage et les pertes de revenus subies par l'industrie entre 1998 et 2003 n'ait jamais été démontrée. Ainsi, face à la multiplication des offres en matière de divertissements (CD, DVD, cinéma, jeux sur consoles, téléphonie cellulaire et services numériques Web), on imagine aisément que le budget du consommateur était mis à l'épreuve et qu'à budget égal un ou plusieurs secteurs devaient nécessairement en souffrir les contrecoups ; d'autant plus que pour la période du déclin des ventes de l'industrie du disque a été marquée par une tendance à la baisse du produit domestique brut. Et le « piratage » n'était-il que du piratage ? Selon un sondage mené par la firme de recherche PEW Internet, 50 % de ceux qui téléchargent de la musique de l'Internet ont acheté le CD équivalent « la plupart du temps » ou « parfois », contre seulement 26 % qui ont avoué ne jamais acheter l'équivalent sur CD de ce qu'ils téléchargeaient2. Sous cet angle, une bonne partie du « piratage » est en fait une forme potentielle de marketing où les acheteurs peuvent goûter avant de manger (31 % des « pirates » ont téléchargé des pièces d'auteurs qu'ils ne connaissaient pas). De plus, si les ventes globales ont subi des baisses, plusieurs marchés nationaux de l'industrie du disque ont connu des hausses significatives de leurs ventes au cours de la période 1998-2003 : Turquie (+126 %), Royaume-Uni (+ 31 %), Irlande (+28 %), Australie (+28 %) et Mexique (+ 19%)3. Si le piratage était exclusivement la cause du déclin des ventes, alors comment expliquer que ces régions, entre 2000 et 2005 ont connu une forte augmentation du nombre d'usagers de l'Internet (Mexique +351 %), (Irlande +162 %), (Autriche +120 %) ? Si le piratage était la seule cause du déclin, ne devrait-on pas, au contraire, observer que les pays connaissant la plus forte augmentation d'usagers (donc potentiellement plus de pirates) soit également ceux où les ventes ont le plus souffert ? Enfin, un autre coupable, encore plus sournois celui-là, est le piratage industriel de musique, ces installations illégales qui produisent des facsimilés des CD vedettes de l'heure et qui les vendent à des prix alléchants. Le crime est ici triple : les droits d'auteurs sont clairement lésés, le consommateur se fait escroquer et, surtout, les distributeurs perdent explicitement de l'argent, car il y a bel et bien eu vente, contrairement au « piratage » où les individus peuvent effectivement télécharger des versions MP3 de pièces qu'ils ont déjà ou télécharger une pièce qui les incitera à acheter l'album. Selon les chiffres publiés par l'IFPI (International Federation of the Phonographic Industry) dans son rapport annuel 2004, 34 % de tous les CD de musique vendus au monde (un sur trois) sont des contrefaçons illégales et que ce marché représentait l'an dernier une valeur globale de plus de 4,6 milliards de dollars US. Le plus grand marché pour ce type d'activité est celui de la Chine avec un taux de piratage de l'ordre de 85 % et où le marché noir est le double du marché légitime5 . Le rapport de l'IFPI souligne que « l'absence d'une évidente coopération entre les différentes agences gouvernementales couplée avec un manque de volonté politique et de ressources au niveau gouvernemental de première ligne ont empêché la réalisation de tout progrès substantiel. » De toute évidence, il est plus facile d'intimider des jeunes adolescents par la menace de représailles judiciaires, la principale tactique adoptée par les groupuscules nationaux du lobby de l'industrie mondiale du disque, que de boycotter la Chine pour son laxisme envers un marché illégal de près d'un demi-milliard de dollars US. C'est que, voyez-vous, les yeux mercantiles sont aisément tentés de se détourner de certains irritants moraux face au « gigantesque marché du disque potentiel de la Chine ».
7 juillet, 2005 par André Mondoux -- Semaine importante pour l'industrie du disque alors que la Cour Suprême des États-Unis a statué que les opérateurs de logiciels et de services de partage, par le biais desquels s'effectue le piratage de musique, pouvaient être l'objet de poursuites. Autrement dit, vous fournissez un outil qui peut être mal utilisé, vous êtes responsable et à ce titre, bien sûr, passible de poursuites judiciaires pour obtenir réparation monétaire. Étonnant que la même logique ne prévaut pas avec les armes à feu, le puissant groupe de lobbying NRA stipulant que ce ne sont pas les armes qui tuent les gens, mais bien les gens eux-mêmes… Au Canada, où l'on suit habituellement les traces de notre géant voisin, mais avec un peu plus de modération, le projet de loi C-60 sur les droits d'auteur propose des modifications qui vont dans le même sens : selon plusieurs observateurs, le projet fait pencher la balance du côté des détenteurs de propriété intellectuelle au détriment des usagers, en facilitant la voie aux poursuites judiciaires afin de lutter contre la cause principale du déclin des ventes : le piratage. Mais qui sont les véritables « pirates » ? Il faut bien le reconnaître, la causalité entre le piratage et les pertes de revenus subies par l'industrie entre 1998 et 2003 n'ait jamais été démontrée. Ainsi, face à la multiplication des offres en matière de divertissements (CD, DVD, cinéma, jeux sur consoles, téléphonie cellulaire et services numériques Web), on imagine aisément que le budget du consommateur était mis à l'épreuve et qu'à budget égal un ou plusieurs secteurs devaient nécessairement en souffrir les contrecoups ; d'autant plus que pour la période du déclin des ventes de l'industrie du disque a été marquée par une tendance à la baisse du produit domestique brut. Et le « piratage » n'était-il que du piratage ? Selon un sondage mené par la firme de recherche PEW Internet, 50 % de ceux qui téléchargent de la musique de l'Internet ont acheté le CD équivalent « la plupart du temps » ou « parfois », contre seulement 26 % qui ont avoué ne jamais acheter l'équivalent sur CD de ce qu'ils téléchargeaient2. Sous cet angle, une bonne partie du « piratage » est en fait une forme potentielle de marketing où les acheteurs peuvent goûter avant de manger (31 % des « pirates » ont téléchargé des pièces d'auteurs qu'ils ne connaissaient pas). De plus, si les ventes globales ont subi des baisses, plusieurs marchés nationaux de l'industrie du disque ont connu des hausses significatives de leurs ventes au cours de la période 1998-2003 : Turquie (+126 %), Royaume-Uni (+ 31 %), Irlande (+28 %), Australie (+28 %) et Mexique (+ 19%)3. Si le piratage était exclusivement la cause du déclin des ventes, alors comment expliquer que ces régions, entre 2000 et 2005 ont connu une forte augmentation du nombre d'usagers de l'Internet (Mexique +351 %), (Irlande +162 %), (Autriche +120 %) ? Si le piratage était la seule cause du déclin, ne devrait-on pas, au contraire, observer que les pays connaissant la plus forte augmentation d'usagers (donc potentiellement plus de pirates) soit également ceux où les ventes ont le plus souffert ? Enfin, un autre coupable, encore plus sournois celui-là, est le piratage industriel de musique, ces installations illégales qui produisent des facsimilés des CD vedettes de l'heure et qui les vendent à des prix alléchants. Le crime est ici triple : les droits d'auteurs sont clairement lésés, le consommateur se fait escroquer et, surtout, les distributeurs perdent explicitement de l'argent, car il y a bel et bien eu vente, contrairement au « piratage » où les individus peuvent effectivement télécharger des versions MP3 de pièces qu'ils ont déjà ou télécharger une pièce qui les incitera à acheter l'album. Selon les chiffres publiés par l'IFPI (International Federation of the Phonographic Industry) dans son rapport annuel 2004, 34 % de tous les CD de musique vendus au monde (un sur trois) sont des contrefaçons illégales et que ce marché représentait l'an dernier une valeur globale de plus de 4,6 milliards de dollars US. Le plus grand marché pour ce type d'activité est celui de la Chine avec un taux de piratage de l'ordre de 85 % et où le marché noir est le double du marché légitime5 . Le rapport de l'IFPI souligne que « l'absence d'une évidente coopération entre les différentes agences gouvernementales couplée avec un manque de volonté politique et de ressources au niveau gouvernemental de première ligne ont empêché la réalisation de tout progrès substantiel. » De toute évidence, il est plus facile d'intimider des jeunes adolescents par la menace de représailles judiciaires, la principale tactique adoptée par les groupuscules nationaux du lobby de l'industrie mondiale du disque, que de boycotter la Chine pour son laxisme envers un marché illégal de près d'un demi-milliard de dollars US. C'est que, voyez-vous, les yeux mercantiles sont aisément tentés de se détourner de certains irritants moraux face au « gigantesque marché du disque potentiel de la Chine ».
MUSIC - Doors members lose right to name
Associated Press Tuesday, July 26, 2005 LOS ANGELES -- A judge has issued a permanent injunction banning two members of the Doors from using the band's name and any likeness of late front man Jim Morrison to promote a renewed version of the band. Superior Court Judge Gregory Alarcon in a judgment released Friday sided with Doors drummer John Densmore, who sued keyboardist Ray Manzarek and guitarist Robby Krieger in February 2003 for breach of contract. Manzarek and Krieger have been touring without Densmore under the name The Doors of the 21st Century. Densmore's lawyer, Jerome Mandel, said that band members had a unique "unanimity requirement" that gives anyone a right to veto a move involving the Doors. Morrison, the band's charismatic lead singer, died in Paris in 1971 and left all of his property to girlfriend Pamela Courson. After she died in 1974, her estate was divided among her parents and Morrison's parents. The Morrison and Courson estates both were included as plaintiffs in the lawsuit. "John has always held as his primary motive to preserve the legacy of the band," Mandel said Monday. "This wasn't filed for economic reasons, it was to stop them from calling themselves the Doors." The injunction also orders Manzarek and Krieger to turn over profits from their performances to the Doors' partnership, which includes both of them along with Densmore and the two estates. The Doors of the 21st Century has earned at least $3 million to $4 million US, Mandel said. Tom Vitorino, manager for The Doors of the 21st Century, did not immediately respond to an e-mail request Monday for an interview. In a 43-page ruling, the court outlined the Doors' policy of sharing songwriting credits and also found that the three surviving members agreed after Morrison's death to a rule of unanimity. The ruling cited Manzarek's own liner notes to his spoken word compact disc Myth & Reality: "The Doors all had veto power. If one guy didn't want to do something it wasn't done. That's the way it always worked out with the Doors. It was a four-way split of all the Doors' money, totally democratic with veto power." The Los Angeles-based band, which was inducted in 1992 into the Rock and Roll Hall of Fame, is best known for its hits Break on Through, L.A. Woman and Light My Fire.
Associated Press Tuesday, July 26, 2005 LOS ANGELES -- A judge has issued a permanent injunction banning two members of the Doors from using the band's name and any likeness of late front man Jim Morrison to promote a renewed version of the band. Superior Court Judge Gregory Alarcon in a judgment released Friday sided with Doors drummer John Densmore, who sued keyboardist Ray Manzarek and guitarist Robby Krieger in February 2003 for breach of contract. Manzarek and Krieger have been touring without Densmore under the name The Doors of the 21st Century. Densmore's lawyer, Jerome Mandel, said that band members had a unique "unanimity requirement" that gives anyone a right to veto a move involving the Doors. Morrison, the band's charismatic lead singer, died in Paris in 1971 and left all of his property to girlfriend Pamela Courson. After she died in 1974, her estate was divided among her parents and Morrison's parents. The Morrison and Courson estates both were included as plaintiffs in the lawsuit. "John has always held as his primary motive to preserve the legacy of the band," Mandel said Monday. "This wasn't filed for economic reasons, it was to stop them from calling themselves the Doors." The injunction also orders Manzarek and Krieger to turn over profits from their performances to the Doors' partnership, which includes both of them along with Densmore and the two estates. The Doors of the 21st Century has earned at least $3 million to $4 million US, Mandel said. Tom Vitorino, manager for The Doors of the 21st Century, did not immediately respond to an e-mail request Monday for an interview. In a 43-page ruling, the court outlined the Doors' policy of sharing songwriting credits and also found that the three surviving members agreed after Morrison's death to a rule of unanimity. The ruling cited Manzarek's own liner notes to his spoken word compact disc Myth & Reality: "The Doors all had veto power. If one guy didn't want to do something it wasn't done. That's the way it always worked out with the Doors. It was a four-way split of all the Doors' money, totally democratic with veto power." The Los Angeles-based band, which was inducted in 1992 into the Rock and Roll Hall of Fame, is best known for its hits Break on Through, L.A. Woman and Light My Fire.
MUSIC - Ashanti Loses Court Case
July 22, 2005 -- R&B beauty ASHANTI has been ordered to pay $630,000 to her producer GENARD PARKER for breach of contract. The Grammy winner worked with PARKER in 1996 and 1997 when she lived in Long Island but later abandoned him when she became commercially successful. PARKER happily released the singer from their contract when she landed a record deal but insists she agreed to let him produce two songs on her first album for a $50,000 advance plus royalties. The singer claimed PARKER did not live up to the terms of the new deal and that his equipment was so crude, she had to sing in his bathroom. The New York federal jury found in favour of PARKER yesterday, but ASHANTI's lawyers are convinced the decision will be overturned on appeal. ASHANTI's lawyer HARRY STOKES says, "We think the jury got confused somewhat, particularly on the damages. We feel confident when this is said and done we won't have to pay out anything." PARKER's lawyer JASMINE KHALILI says the verdict is a "huge victory" and adds, "They never acknowledged what he had done, it takes a jury to get a thank you."Identity of file sharers protected in rulingMay 19, 2005 Angela Pacienza Canadian Press TORONTO -- The music industry was dealt another legal blow Thursday in its quest to curb online file sharing when an attempt to smoke out the identities of 29 alleged uploaders was quashed. But the Federal Court of Appeal offered encouragement in its 27-page ruling by giving the Canadian Recording Industry Association a roadmap of how to handle future cases. "I would consider it a complete success," said Richard Pfohl, the music industry's lawyer. "It provides us with a blueprint to proceed. We know exactly what we need to do." For over a year CRIA has been trying to figure out who's behind pseudonyms such as Geekboy(at)KaZaA and Jordana(at)KaZaA. Finding out the identities from Internet service providers, such as Shaw, Rogers and Bell, is a necessary step in order to launch lawsuits against people who use services like Kazaa and IMesh. The two are among 29 individuals suspected of collectively making 43,541 songs available to any web surfer for free. Writing on behalf of the three-judge panel, Justice Edgar Sexton said much of the evidence was hearsay posing a risk that "innocent persons might have their privacy invaded and also be named as defendant where it is not warranted." The evidence was gathered by workers at New York-based MediaSentry and presented by the company's president who had only second-hand knowledge of how it was collected. Dating back to late 2003, it was based on screen grabs showing a list of songs placed in a shared folder. Those representing the public's interest called the ruling a victory. "The decision recognizes and affirms the right of privacy for individual Canadians," said Howard Knopf, a copyright lawyer with Macera and Jarzyna in Ottawa who represented the public's interest during the case. However, Knopf cautioned that a portion of the ruling "opens the door to the kind of shock and awe campaign that we've seen in the U.S." because it gives CRIA a chance to come back with better evidence. Thursday's decision included several strong statements about the importance of protecting copyright in the online world so that music makers are not "robbed of the fruits of their efforts," suggesting CRIA should return to court when it has met all the necessary criteria. Sexton went a step further saying that with proper evidence, musicians "have a right to have the identity revealed for the purpose of bringing action." However, he cautioned that the courts will need to make sure "privacy rights are invaded in the most minimal way." The judges also refrained from making grand conclusions on copyright laws -- specifically about the legality of downloading or uploading music via file-sharing. At the time of the original ruling, headlines around the world suggested Canada was a haven for pirates because courts couldn't prosecute due to outdated copyright laws. Thursday's ruling strongly stated that the lower court should never have broached the subject of copyright infringement. At the time, Justice Konrad von Finckenstein said that uploading songs to shared folders on a home computer was permissible under law because the songs weren't actively being distributed to others. "Conclusions... should not have been made in the very preliminary stage of this action," Sexton said in Thursday's written decision. "They would require a consideration of the evidence as well as the law applicable to such evidence after it has been properly adduced." The industry interpreted the comment as vindication in its battle to thwart online cheaters. "It makes it harder for people to say 'Canada is a piracy haven so steal whatever you want to.' It ought to be a warning sign for people on peer-to-peer services that you can, and will, be held accountable," said CRIA's Pfohl. How soon remains to be seen as the court system is notoriously slow. As well, government legislation by the Liberals to amend copyright laws in favour of the music industry has been slowly working its way through Parliament. This case has been closely watched by the TV, film and book publishing industries, which have also been negatively affected by the popularity of peer-to-peer sharing systems. © The Canadian Press 2005Le téléchargement illégal de musique préoccupe l'industrie musicale au QuébecMONTREAL (PC) - C'est aujourd'hui (mercredi) qu'a pris fin le grand rendez-vous annuel des professionnels de l'industrie québécoise du disque, du spectacle et de la radio, intitulé "Rencontres 2005". L'événement de deux jours, qui se déroulait au Marché Bonsecours dans le Vieux Montréal, a aussi attiré cette année des producteurs indépendants français, autraliens et anglais. Le droit d'auteur et la problématique entourant le téléchargement illégal de musique a surtout retenu l'attention aujourd'hui. D'ailleurs, les moyens mis de l'avant pour contrer ce phénomène au Québec semble porter fruit. Selon l'ADISQ, l'offre de boîtes-cadeaux à l'achat de CD de musique francophone à la Saint-Valentin a permis d'augmenter les ventes de plus de 30 pour cent durant cette période en 2004 et 2005. La remise d'un album compilation du gala de l'ADISQ 2004, au lendemain de l'événement, à ceux qui achetaient l'album d'un artiste québécois a aussi favorisé l'augmentation des ventes. Malgré le succès remporté par ces actions, la situation demeure très préoccupante pour les gens du milieu. © La Presse Canadienne Wednesday, April 27, 2005
MUSIC - Did Madonna Steal 'Frozen'?
Pop superstar MADONNA is being sued by a Belgian composer, who accuses the singer of stealing the melody from his song "My Life's Getting Nowhere" for her 1998 hit "Frozen." SALVATORE ACQUAVIVA testified Wednesday at Belgian's Mons court that Madonna lifted several bars from his song, which he wrote five years earlier. His lawyers also argued MADONNA may have heard the song when she met SALVATORE's producer. But the glamorous 46-year-old's lawyer FABIENNE BRISON denied the plagiarism accusations, insisting SALVATORE's lawsuit is motivated by a desire for MADONNA's money. SALVATORE explains, "I was in the bath. I was listening to the radio, and thought that's strange, I know that melody. I said it's not possible." But BRISON counters, "Just because there are similarities between two songs it doesn't mean it has been plagiarised. "There are certain artists who hear songs on the radio, see that they are very successful and say to themselves, 'Why shouldn't I try it on?'" Royalties for "Frozen" have been halted until hearings on the case resume next month. Copyright © 2005
MUSIC - Johnny Hallyday quittera Universal sans un sou, ni un master - Jeudi 14 avril 2005 -- Le chanteur avait déjà essuyé le refus de dommages et intérêts pour son départ d'Universal, désormais il sait qu'il ne récupérera pas ses masters. Johnny Hallyday réclamait 60 millions d'euros à Universal en justice. Il ne les a pas eus. Ce mercredi, la cour d'appel a également décidé qu'il n'aurait pas ses bandes mères où se trouvent toutes ses chansons depuis 1961. Hervé Rony, le directeur du Syndicat national de l'édition phonographique (Snep), confie au Parisien : "C'est une décision rassurante. Le contraire aurait eu de graves conséquences pour l'industrie du disque. Les producteurs auraient été réticents à investir sur de nouveaux artistes susceptibles ensuite de les quitter avec leurs chansons en toute liberté." Les conseillers du chanteur, dont son beau-père André Boudou, veulent positiver en parlant de liberté retrouvée, mais les finances du chanteur seraient au plus bas. Un Canadien lui réclame même 1,7 million de dollars pour une promesse d'achat non respectée sur une propriété qui lui avait plu. De plus, si le chanteur sera libéré du contrat qui le lie à Universal d'ici 2006 d'après un arrêt de la cour, les professionnels ne le voient pas resigner avec une autre maison de disques. L'un d'entre eux déclare au quotidien : "C'est du domaine de l'utopie. La sagesse serait qu'il y ait un accord à l'amiable entre les deux parties. Pascal Nègre ne demande que cela. De son côté, Johnny doit redescendre sur terre. A part Universal, aucun label n'aura les moyens de travailler avec lui." Rien ne sert d’être l’idole des jeunes devant la justice. La cour d’appel de Paris a débouté hier le chanteur qui réclamait à sa maison de disques la restitution des bandes originales de ses chansons. Cette décision vient donc infirmer le précédent jugement rendu par le tribunal de première instance de Paris qui s'était prononcé en faveur du chanteur. Le 2 août 2004, Universal Music, sa maison de disques depuis 1961, s'était vu obligée de remettre à Johnny Hallyday les matrices de ses chansons, au plus tard le 31 décembre 2005. Des réparations financières en faveur du chanteur avaient même été envisagées à l'époque..
MUSIC - Huge victory for small record label: Cleveland lawsuit beats hell out of record giant Sony Music
CLEVELAND -- Sony Music was ordered to pay $5 million for not putting a Cleveland record company's logo on Meat Loaf's classic Bat Out of Hell rock album. "Today, David beat Goliath," said Cleveland record executive Steve Popovich, who hugged jurors after Friday's decision. A former talent scout who helped Epic Records land such top-selling artists as Michael Jackson, Boston and The Charlie Daniels Band, Popovich created Cleveland International Records in 1977 and signed singer Marvin Lee Aday - who records under the name Meat Loaf. He got Epic, a CBS Records subsidiary, to release Bat Out of Hell, which sold more than 30 million copies and was among the most popular records of all time. Sony, which bought out CBS, paid $6.7 million to Popovich and others at the now-defunct Cleveland company in 1998 to settle a lawsuit over album royalties. The settlement required Sony to place the Cleveland International Records logo on future Meat Loaf albums, but Sony delayed for more than a year. Sony claimed the omission was a mistake that it was later corrected. Sony plans to appeal Friday's decision. © The Canadian Press May 28, 2005Aaliyah Wrongful-Death Suit Tossed: Record Company Can’t Sue Video Producer by Josh Grossberg Jan 7, 2005It's going on four years since Aaliyah died in plane crash, but the quest to apportion blame is still playing out in the courts. The latest legal battle came Thursday as a Manhattan appeals court rejected her record company's bid to be financially compensated for her death. The panel dismissed the wrongful-death lawsuit brought by Blackground Records against the music video production company that arranged the doomed Bahamas charter flight that crashed and killed the 22-year-old chanteuse and eight other passengers. In a 4-0 decision, the justices overturned a ruling Justice Carol Edmead issued in May that declared Aaliyah an "asset," not an "employee," of Blackground, thus opening the door for the company to sue Instinct Productions for damages over her death. "The concept that a person is a property asset of another is, of course, abhorrent to modern-day thinking," the judges wrote. "Courts almost universally reject the antiquated proprietary view of the master/servant relationship." Instead, the appeals court said that only next of kin can sue for wrongful death in New York. At the time of her passing, Aaliyah--whose full name was Aaliyah Dana Houghton--owned a 10 percent stake of Blackground, which was founded by her uncle for the purpose of promoting her. The appellate judges determined that the singer's parents had already been compensated for their loss, having reached an undisclosed settlement in 2003 with Aaliyah's label, Virgin Records, the plane's operator, owners and flight broker. The judges said that whether or not she was an "employee" of her label is "totally irrelevant" to the way state statues cover wrongful deaths. Therefore by the appellate court's interpretation, the negligence suit was "frivolous." Frank Penski, an attorney for Blackground, called the court's decision "disappointing," but he did not immediately know whether his client would appeal. "We were hopeful that the case would go forward," Penski told E! Online Friday. "The suit had been brought because when Aaliyah died, her contracts were lost and those are the assets [the case referred to]. The settlement didn't include the value of those contracts...and the lower court judge agreed." Aaliyah had just wrapped shooting in the Bahamas on the video for "Rock the Boat" and was on her back to Florida when her twin-engine Cessna crashed moments after takeoff on Aug. 25, 2001. An investigation later revealed that the plane had been overloaded by 700 pounds and the pilot had cocaine and alcohol in his system.
MUSIC - Une cour d'appel juge que les rappeurs doivent payer pour utiliser les samples
Sunday, September 12, 2004 Canadian Press -- NASHVILLE (AP) - Une cour d'appel fédérale a jugé mardi que tous les artistes rap devaient payer pour utiliser des courts extraits musicaux d'autres artistes (samples) dans leurs compositions même si ceux-ci sont très courts et non identifiables. Des tribunaux avaient rendu le même jugement en première instance, mais l'usage avait rendu légal l'emprunt une note par-ci, un accord par-là, dès l'instant où ils restaient non indentifiables. Il en va tout autrement avec cette nouvelle décision d'une cour d'appel de Cincinnati (Ohio) qui met fin à cette tolérance. Le tribunal a rappelé que les lois fédérales ayant pour but de mettre un terme à la copie privée illicite d'oeuvres enregistrées, celles-ci s'appliquaient aussi à l'échantillonnage numérique (sampling). "Si vous ne pouvez pas pirater une oeuvre dans sa totalité, pouvez-vous alors prélever, échantillonner une partie de ce tout? Notre réponse est non", a martelé le tribunal. Et d'ajouter: "Payez les droits ou n'échantillonnez pas. Nous n'y voyons aucunement une entrave à la liberté de créer". Les observateurs interrogés sur l'aspect restrictif du jugement rendu, restent perplexes, notamment en matière de rap et de hip hop, grands utilisateurs de "samples". "Cela me semble un peu extrême", a commenté James Van Hook, doyen du Mike Curb College of Entertainment and Music Business de Belmont. "A partir de quoi décidera-t-on qu'un sample est identifiable? Là est tout le problème".
MUSIC - Court rules music 'sampling' may violate anti-piracy law
by JOHN GEROME Associated Press Sept. 13, 2004, 9:04AM -- NASHVILLE, Tenn. -- A federal appeals court ruled Tuesday that rap artists should pay for every Lower courts had already ruled that artists must pay when they sample another artists' work. But it has been legal to use musical snippets -- a note here, a chord there -- as long as it wasn't identifiable. The decision by a three-judge panel of the 6th Circuit Court of Appeals in Cincinnati gets rid of that distinction. The court said federal laws aimed at stopping piracy of recordings applies to digital sampling. "If you cannot pirate the whole sound recording, can you 'lift' or 'sample' something less than the whole? Our answer to that question is in the negative," the court said. "Get a license or do not sample. We do not see this as stifling creativity in any significant way." Some observers questioned whether the court's opinion is too restrictive, especially for rap and hip-hop artists who often rhyme over samples of music taken from older recordings. "It seems a little extreme to me," said James Van Hook, dean of Belmont University's Mike Curb College of Entertainment and Music Business. "When something is identifiable, that is the key." The case at issue is one of at least 800 lawsuits filed in Nashville over lifting snippets of music from older recordings for new music. The case centers on the NWA song 100 Miles and Runnin, which samples a three-note guitar riff from Get Off Your Ass and Jam by '70s funk-master George Clinton and Funkadelic. In the two-second sample, the guitar pitch has been lowered, and the copied piece was "looped" and extended to 16 beats. The sample appears five times in the new song. NWA's song was included in the 1998 movie I Got the Hook Up, starring Master P and produced by his movie company, No Limit Films. No Limit Films has argued that the sample was not protected by copyright law. Bridgeport Music and Westbound Records, which claim to own the copyrights for the Funkadelic song, appealed the lower court's summary judgment in favor of No Limit Films. The lower court in 2002 said that the riff in Clinton's song was entitled to copyright protection, but the sampling "did not rise to the level of legally cognizable appropriation." The appeals court disagreed, saying a recording artist who acknowledges sampling may be liable, even when the source of a sample is unrecognizable. Noting that No Limit Films "had not disputed that it digitally sampled a copyrighted sound recording," the appeals court sent the case back to the lower court. Richard Busch, attorney for Westbound Records and Bridgeport Music, said he was pleased with the ruling. Robert Sullivan, attorney for No Limit Films, did not return a phone call to his office.
MUSIC - The lion sues tonight: Family says it lost millions over hit song used in The Lion King
August 25, 2004 Canadian Press - PRETORIA, South Africa (AP) -- Disney Enterprises Inc. filed an urgent court application Tuesday to prevent its trademarks from being sold off in South Africa if a poor family that says it lost millions in royalties from the hit song The Lion Sleeps Tonight wins its lawsuit against the entertainment giant. Lawyers acting for the family of the late musician Solomon Linda, who penned the original song Mbube in 1939, obtained a court order in July attaching more than 240 trademarks registered here to their $1.6-million-US ($2-million-Cdn) suit in order to establish local jurisdiction. The trademarks, which include well known images such as Mickey Mouse and Donald Duck, could be sold locally to pay Linda's heirs if they win their lawsuit. Lawyers for Disney asked the Pretoria High Court to set aside the attachment order, arguing that the executor of Linda's estate had not been appointed properly, making everything he did on its behalf null and void. They also said the case should have been brought against Walt Disney Pictures and Television, the subsidiary that produced the film The Lion King, the South African Press Association reported. Lawyers for the family rejected Disney's arguments, saying the executor was correctly appointed and that Disney Enterprises Inc. was the right party to sue as it has overall control. Judge Hekkie Daniels reserved judgment in the matter after a three-hour hearing. Disney's Africa manager, Christine Service, declined to comment, saying: "We won't be engaging in public discussions on ongoing legal matters." Linda died penniless in 1962, having sold the rights to his original song to a South African publisher. It went on to generate an estimated $15 million US ($19.5 million Cdn) in royalties after it was adapted by other artists, including the American songwriter George Weiss, whose version is featured in The Lion King. The song has been covered by at least 150 artists, including The Tokens, George Michael, Miriam Makeba and The Spinners. Linda's three surviving daughters and 10 grandchildren, living in poverty in the Johannesburg township of Soweto, have received only a one-time payment of $15,000 US ($19,500 Cdn), according to their lawyers. The action is based on laws in force in Commonwealth countries at the time the song was first recorded. Under its provisions, the rights to a song revert to the composer's heirs 25 years after his death.
MUSIC - Eminem bars Weird Al from making video - May 09, 2003 NEKESA MUMBI MOODY Canadian Press NEW YORK -- Eminem may poke fun at himself in videos, but he doesn't want Weird Al Yankovic doing it. Eminem won't give Yankovic permission to shoot a video for his new song, Couch Potato, a parody of Eminem's Oscar-winning tune Lose Yourself, Yankovic said. "The only reason I could glean was that making a Weird Al music video would detract from his legacy as a serious hip-hop artist," Yankovic said Thursday. "It's very disappointing. This could have been my best video ever." A representative for Eminem did not immediately return a call Friday. Eminem parodies himself and other celebrities in some of his most famous videos, including Without Me, where he depicts himself as a fat Elvis Presley. Artists who have allowed Yankovic to parody their songs and videos over the years include Michael Jackson - whose hits Beat It and I'm Bad became Eat It and I'm Fat - and Madonna, whose Like a Virgin, which became Like a Surgeon. Yankovic said the rapper allowed Yankovic to redo the theme song from the hit movie 8 Mile, but said he would need to hear the final mix before granting the video rights. After receiving the final version of the parody - which pokes fun at television addicts - the rapper's representatives said he would not allow a video. "We started preproduction on (the video) already, because we just assumed that there wouldn't a problem," Yankovic said. Yankovic said Eminem also refused to allow him to release the song as a commercial single. It's the first cut on his 11th album, Poodle Hat, which also parodies songs by Avril Lavigne and rapper Nelly. It's due out May 20 on Way Moby/Volcano Records. Although Yankovic says he's grateful to Eminem for allowing him to parody his song, he's still lamenting what would have been his "most ambitious" video ever - heady words, coming from a man who dressed up like Jackson in a fat suit for the video I'm Fat. "You'll just have to listen to the song and close your eyes and imagine what might have been," chuckled Yankovic. © Copyright 2003 The Canadian Press
MUSIC - Quebec firm sued by Zappas: Rock legend's tune used in appliance ad by ELIZABETH THOMPSON, Gazette, February 27, 2003 -- The family of iconoclastic rock legend Frank Zappa is suing a small Quebec City-based furniture retailer for copyright violation. The suit alleges that one of Zappa's signature songs is being used to sell furniture and appliances, thus damaging the deceased U.S. musician's honour and reputation. "It is totally contrary to everything he believed in and would have stood for," Owen Sloane, the Los Angeles-based lawyer for the Zappa family, said in an interview. "Especially with that particular piece of music, which he considered one of his signature works." Daniel O'Brien, lawyer for Ameublements Tanguay, said the company had no idea when it commissioned the television ad in 1995 that the background music was Zappa's song Watermelon in Easter Hay. Nor did his client know that copyright permission to use the song had not been sought, O'Brien said. "It's a misunderstanding and a combination of circumstances." The case, filed in Canada's Federal Court in 1998, is awaiting a starting date for a 71/2-day trial in Quebec City. It pits the Zappa Family Trust, widow Adelaide Gail Zappa and her children - Moon Unit, Dweezil, Ahmet and Diva Zappa - against Ameublements Tanguay, a small furniture and appliance retailer with nine stores in eastern Quebec. Maurice Tanguay, founder of the chain, was awarded the Order of Canada in 2002 for his philanthropic work on behalf of sick and handicapped children. Frank Zappa, who died in 1993 of prostate cancer, was an irreverent and often outrageous rock star whose raunchy satire and social commentary attracted fans around the world. Among his favourite targets were sexual mores, the music industry and former U.S. vice-president Al Gore's wife, Tipper, who led a campaign to restrict access to records with controversial lyrics. The seeds of the court dispute were sown in 1995, when Ameublements Tanguay turned to Quebec City-based Karma Productions to produce a new television commercial. The ad, which pictured home appliances being delivered, used Watermelon in Easter Hay in the background while a narrator extolled the company's virtues. The song is from Zappa's 1979 album Joe's Garage Act II and III. In the song, "Joe" joins the "Church of Appliantology." When the commercial aired throughout eastern Quebec in the summer of 1995, Gaspé resident Steve Le Brasseur recognized the music and wrote to the Zappa family. "He was outraged that the song would be used in a commercial like this and (asked) how can this come about," Sloane said. "That's what alerted us to it." In their statement of claim, the Zappa family says Watermelon in Easter Hay is one of the musician's three signature tunes, has never been released as a single and has never been licensed for use in commercials. "The defendants or its officers' servants or agents, to the prejudice of the honour and reputation of the late Frank Zappa, edited, distorted, mutilated or otherwise modified the composition and used it in association with a product without the consent of the plaintiff. ... As a result of the defendants' actions, the plaintiffs have suffered damages and the defendant has made a profit." The court action does not set a dollar figure on the Zappa family's claim, and neither side would say yesterday whether money has been discussed during attempts to settle the case. Sloane said the Zappa family feels deeply about the issue of intellectual property rights. For the family, the case is more about curbing copyright infringement than about money, he said. "How do you assess the damages on a case that is a signature work that he would never have licensed in the first place for a use like this, which he would have found abominable?" Sloane asked. "To use it as a background for a commercial for people delivering furniture would have been anathema to him." Zappa's widow feels strongly enough about the case that she came to Ottawa twice last year to attend pre-trial and dispute-resolution conferences. In its defence filed with the court, Ameublements Tanguay sought to explain why it had no idea the music was copyrighted or even that it was Zappa's: "The music used did not consist of a tune or a melody generally known by the public and easily identifiable as being a composition of Frank Zappa. ... "The defendant is a respectable and respected company, never having been the object of controversy, consequently any association that anyone could have made cannot bring prejudice to the plaintiffs."
MUSIC - Artists lose bid to cap record contracts
Monday, August 19, 2002 Canadian Press SACRAMENTO, Calif. (AP) -- Benefit concerts and star-filled promenades to Capitol hearing rooms have proved a failing cause for California's recording artists, who have lost their year-long bid to cap their record contracts at seven years. On the verge of an assembly committee hearing last week where their idea lacked the votes to pass, Senator Kevin Murray, a former music agent, withdrew the bill, promising to try again next year. "After months of negotiations on the seven-year-issue, the RIAA and the recording artists were at an impasse on several major points," Don Henley, Eagles drummer and singer, said in a statement. Henley and others who testified for the artists' campaign, including Courtney Love, Sheryl Crow and the Dixie Chicks, said standard multi-album contracts bind singers for much of their careers to the same label, greatly limiting their musical and financial options. Record industry officials maintain they must hold their successful acts to long-term recording contracts that help cover losses from the majority of acts that fail. The Recording Industry Association of America, which led the fight against the bill, declined comment.© Copyright 2002 The Canadian Press
MUSIC - Dylan, Joel, Taylor Sue MP3.com by BUSINESS & LEGAL NEWS, Oct. 14, 2002 -- Bob Dylan, Billy Joel and James Taylor filed a lawsuit against Vivendi Universal's MP3-dot-com music Web site for allegedly distributing their songs without authorization, according to sources familiar with the suit. The musicians' suit, filed in Manhattan federal court, claims MP3.com digitally copied their tracks from commercial CDs and then offered the music files to users.
BOOKS - Association of Authors' Representatives (AAR)
The AAR's objectives include keeping agents informed about conditions in publishing, the theater, the motion picture and television industries, and related fields; encouraging cooperation among literary organizations; and assisting agents in representing their author-clients' interests.
The AAR's objectives include keeping agents informed about conditions in publishing, the theater, the motion picture and television industries, and related fields; encouraging cooperation among literary organizations; and assisting agents in representing their author-clients' interests.
TV - ABC TV Is Sued Over Plan for Show by JACQUES STEINBERG Published: August 11, 2005 - The creators of a television show, first broadcast in Minneapolis, that pits would-be inventors against each other for prizes, filed suit yesterday against ABC television, as well as a producer of "American Idol" and Simon Cowell, the outspoken "Idol" judge, for preparing a similar show with the same title: "Million Dollar Idea." The producers and hosts of the Minnesota show, Jean M. Golden and Todd P. Walker, who previously worked as "product talent scouts" for the shopping channel QVC, said that ABC's announcement on July 13 that it had ordered nine episodes of a reality show with the working title "The Million Dollar Idea" constituted a "patent rip-off" of a show that they first broadcast on an independent station in Minnesota in 2003. Earlier this year, they said, the show was sold in syndication to more than 100 other stations nationally. In their suit, filed in federal court in California, the producers said they had registered the name of their show as a trademark and copyrighted elements of the production. They are seeking to enjoin ABC from putting its show on the air. The producers said that they had pitched a national version of "Million Dollar Idea" in March 2004 to Andrea Wong, executive vice president for alternative programming at ABC, in a telephone conversation and a letter. They said that they had also sent copies of their "pitch materials" to the Creative Artists Agency, a talent management firm. The news release that ABC issued last month announcing "Million Dollar Idea" included a quotation from Ms. Wong, who oversees all reality programming at the network, and also noted that "the show was packaged by C.A.A." The network said that the executive producers would include Mr. Cowell as well as FremantleMedia North America, which produces "Idol" on Fox, a rival network. A spokeswoman for ABC, Annie Fort, said the network had not formally received the suit and had no comment. C.A.A., which represents Mr. Cowell, said it had no comment. Representatives for Fremantle did not return calls. In the news release last month, ABC said that its show would "undertake a national search for America's greatest entrepreneur with the best business idea or new product." The grand prize would be "$1 million worth of business support, including cash, top-notch entrepreneurial counsel and physical resources to the winner, allowing him/her to turn a dream into reality." In its Minnesota incarnation, the show lays out a similar competition, albeit for a grand prize of $50,000. In its pitch to ABC, the producers said they had proposed raising that prize to $1 million. Like the Minnesota-based show - which is set at the Mall of America - the ABC program would rely on a panel of three judges. In the creative world, lawsuits in which one party claims to have had an idea poached by another are hardly unusual. Some of the most colorful have concerned reality television. Last year, for example, NBC filed suit against Fox in a California court claiming that a Fox show about boxing ("The Next Great Champ") was too similar to an NBC show about boxing ("The Contender"). An attempt by NBC to keep the Fox show off the air was dismissed, on the grounds that blocking its broadcast would constitute a violation of the First Amendment. The producers of "Wife Swap," a reality show on ABC, also filed suit last year against Fox over a show called "Trading Spouses," which, the "Wife Swap" producers contended, was a "blatant and wholesale copycat." While many of those claims have been dismissed, some remain unresolved. "Plaintiffs have had a difficult time keeping what they would call 'copycat' reality TV shows off the air," said Joseph Gioconda, a partner at Kirkland & Ellis in New York who specializes in intellectual property law and is not a party to the suit filed yesterday. "The issue, and I think this is something counterintuitive to people, is that you can't protect an idea. It is the particular expression of that idea that is protected by copyright. The court looks to details, as opposed to generalities." To that end, the creators of the Minnesota show appeared to have gone a step beyond other such shows by seeking, in advance, to legally protect its name and specific elements of its show, Mr. Gioconda said. More problematic, perhaps, could be the producers' effort to persuade a judge that they had an understanding with Ms. Wong and C.A.A. - which is not named as a defendant in the suit - that its pitch was confidential. While the producers said that they sent Ms. Wong a confidentiality agreement, they acknowledged that she did not sign it. While it is common in Hollywood to send such an agreement without getting it signed, Mr. Gioconda said: "It definitely makes these cases more difficult for the plaintiff. You need to prove there was a contract, even though ABC didn't sign anything."
BOOKS - Parisians get books via vending machine by Jenny Barchfield Associated Press August 19, 2005 PARIS -- Readers craving Homer, Baudelaire or Lewis Carroll in the middle of the night can get a quick fix at one of the French capital's five newly installed book vending machines. "We have customers who know exactly what they want and come at all hours to get it," said Xavier Chambon, president of Maxi-Livres, a low-cost publisher and book store chain that debuted the vending machines in June. "It's as if our stores were open 24 hours a day." Stocked with 25 of Maxi-Livres best-selling titles, the machines cover the gamut of literary genres and tastes. Classics like The Odyssey by Homer and Carroll's Alice in Wonderland share the limited shelf space with such practical must-haves as 100 Delicious Couscous and Verb Conjugations. "Our biggest vending machine sellers are The Wok Cookbook and a French-English dictionary," said Chambon, who added that poet Charles Baudelaire's Les Fleurs du Mal _ The Flowers of Evil _ also is "very popular." Regardless of whether they fall into the category of high culture or low, all books cost a modest $2.45. Installed in four busy Metro stops and a chic street corner in central Paris, Maxi-Livre's distributors were designed to bypass the characteristic vending-machine-drop, which can be punishing for books. "We knew that French bibliophiles would be horrified to see their books falling into a trough like candy or soda," Chambon said. "So we installed a mechanical arm that grabs the book and delivers it safely." Books are but the latest offering in France's ever-expanding vending machine market, which is responding to off-hour demand for everything from toilet paper to carnations.
BOOKS - Cocky with copyright: Google's plans to digitise books
Financial Times, August 17 2005 -- Google's plans to digitise some 15m books from the collections of leading libraries in the US and UK is groundbreaking in its attempt to democratise access to those works. To the dismay of some publishers, it is also pioneering in its interpretation of copyright law. Last week, Google announced that it would stop scanning copyrighted books until November, a pause apparently intended to allow copyright holders to prepare lists of titles they do not want scanned. According to the Association of American Publishers, however, this procedure shifts the responsibility for preventing infringement to the copyright owner rather than the user, thereby turning an established copyright principle on its head. A stand-off looks likely, but ought to be avoided. The library project is an extension of the existing Google Print programme. Users clicking on books-related results would view images of the relevant scanned pages with their search terms highlighted. The scheme would rely on the "fair use" of excerpts, which is generally permitted by courts when involving, say, quotations in a book review. The AAP dismisses this approach as disingenuous, since Google will have to copy all of the works in their entirety and maintain them in its database. The dispute taps into wider issues pertaining to copyright laws developed in a pre-digital age. It pits Google's mission to aggregate information and make it searchable online against publishers' determination to preserve the right incentives for content creation, which include the ability to make money from it. While the internet has stimulated some types of content creation, for example via personal blogs, or contributions to collaborative projects like Wikipedia, other types of content need to be protected if they are to continue being developed. Google would therefore be wrong to assume that it can push ahead with its project as a matter of right. The company has been criticised for this approach in the past, notably with respect to its Google Video and Google News services. This time around, it should aim to proceed by agreement. At the same time, publishers must recognise that seeking permission book-by-book, or negotiating tailor-made contracts with each publisher would vastly delay an inherently laborious project. They should treat Google's digital library plans as a promotional opportunity rather than a threat, and be prepared to work with simple, standardised agreements. This would reflect the project's potential to boost sales of previously published titles that would otherwise languish in a warehouse. This rationale lies behind the existing Google Print programme, and a similar venture by Amazon, to which at least a dozen major publishers have signed up. Given the library project's win-win potential, a prolonged stand-off or court case jeopardising the entire venture would be inexcusable.
Financial Times, August 17 2005 -- Google's plans to digitise some 15m books from the collections of leading libraries in the US and UK is groundbreaking in its attempt to democratise access to those works. To the dismay of some publishers, it is also pioneering in its interpretation of copyright law. Last week, Google announced that it would stop scanning copyrighted books until November, a pause apparently intended to allow copyright holders to prepare lists of titles they do not want scanned. According to the Association of American Publishers, however, this procedure shifts the responsibility for preventing infringement to the copyright owner rather than the user, thereby turning an established copyright principle on its head. A stand-off looks likely, but ought to be avoided. The library project is an extension of the existing Google Print programme. Users clicking on books-related results would view images of the relevant scanned pages with their search terms highlighted. The scheme would rely on the "fair use" of excerpts, which is generally permitted by courts when involving, say, quotations in a book review. The AAP dismisses this approach as disingenuous, since Google will have to copy all of the works in their entirety and maintain them in its database. The dispute taps into wider issues pertaining to copyright laws developed in a pre-digital age. It pits Google's mission to aggregate information and make it searchable online against publishers' determination to preserve the right incentives for content creation, which include the ability to make money from it. While the internet has stimulated some types of content creation, for example via personal blogs, or contributions to collaborative projects like Wikipedia, other types of content need to be protected if they are to continue being developed. Google would therefore be wrong to assume that it can push ahead with its project as a matter of right. The company has been criticised for this approach in the past, notably with respect to its Google Video and Google News services. This time around, it should aim to proceed by agreement. At the same time, publishers must recognise that seeking permission book-by-book, or negotiating tailor-made contracts with each publisher would vastly delay an inherently laborious project. They should treat Google's digital library plans as a promotional opportunity rather than a threat, and be prepared to work with simple, standardised agreements. This would reflect the project's potential to boost sales of previously published titles that would otherwise languish in a warehouse. This rationale lies behind the existing Google Print programme, and a similar venture by Amazon, to which at least a dozen major publishers have signed up. Given the library project's win-win potential, a prolonged stand-off or court case jeopardising the entire venture would be inexcusable.
BOOKS - Judge Rules for 'Da Vinci' Author
NY Times by EDWARD WYATT, August 6, 2005 -- A federal judge has ruled that Dan Brown's blockbuster novel "The Da Vinci Code" did not copy two earlier works by Lewis Perdue, who has loudly accused Mr. Brown of copyright infringement for much of the last two years. Judge George B. Daniels of Federal District Court in Manhattan wrote in the decision, dated Thursday and released yesterday, that "there is no substantial similarity" between "The Da Vinci Code" and Mr. Perdue's books "Daughter of God" and "The Da Vinci Legacy." Both of those books "involve the unprotectable idea of a mystery thriller set against a religious backdrop," Judge Daniels said, but ideas and general literary themes are not protected by copyright. "Daughter of God" is more action-packed, "with several gunfights and violent deaths," the judge said, while "The Da Vinci Code" is "an intellectual, complex treasure hunt" that features clues and puzzles more than "any physical adventure." A spokeswoman for Doubleday, Mr. Brown's publisher, said the company was pleased with the decision. A lawyer representing Mr. Perdue did not immediately return a phone call yesterday seeking comment on the decision. Judge finds 'Da Vinci Code' best-seller does not violate copyrights of another author by LARRY NEUMEISTER Associated Press Writer, August 5, 2005 NEW YORK -- "The Da Vinci Code," a best selling thriller, does not infringe the copyrights of a book published in 2000 by another author, a judge has ruled. In a ruling dated Thursday, U.S. District Judge George B. Daniels said New Hampshire author Dan Brown's story exploring codes hidden in Leonardo Da Vinci's artwork is not substantially similar to "Daughter of God," by author Lewis Perdue. He said both novels tell a story based on religious and historical people, places and events but the factual details in each are quite different. He said Brown's book "is simply a different story" and fails to support Perdue's infringement claim. For instance, he noted, there are no substantial similarities between any characters in the books and the heroes and heroines are different. "Any slightly similar elements are on the level of generalized or otherwise unprotectible ideas," the judge said as he tossed out Perdue's claims that there were similarities to "Daughter of God." He also ruled out violations of copyrights in "The Da Vinci Legacy." Brown and Random House Inc. filed a lawsuit in U.S. District Court in Manhattan last year seeking a declaratory judgment that his work does not infringe on Perdue's. In a countersuit, Perdue asked the judge to rule that there was infringement and award $150 million in damages. He included among defendants various parties involved in the production of a motion picture version of Brown's work. Perdue had alleged that Brown copied the basic premise of "Daughter of God," including notions that history is controlled by victors, not losers, and the importance of the Roman Emperor Constantine in requiring a transition from a female to a male dominated religion, the judge said. He said Perdue also argued that common themes in the books included the role of the female, the church's recasting of the great goddess as evil, the use of historical references and the fact that both novels incorporate the use of a gold key and conduct a similar discussion regarding communion. "All of these similarities, however, are unprotectible ideas, historical facts and general themes that do not represent any original elements of Perdue's work," the judge said. "Perdue has not alleged that his unique expression of these ideas and themes were copied. Ideas and general literary themes themselves are unprotectible under the copyright law," Daniels said. He noted that both novels discuss the Catholic Church, something that is "expected from a thriller with religious themes." The judge drew differences between the books. "Although both novels at issue are mystery thrillers, `Daughter of God' is more action-packed, with several gunfights and violent deaths," he said. He said "Daughter of God" also includes a perilous journey through an Austrian salt mine and sex scenes not in "The Da Vinci Code." "`The Da Vinci Code,' on the other hand, is an intellectual, complex treasure hunt, focusing more on the codes, number sequences, cryptexes and hidden messages left behind as clues than on any physical adventure," the judge wrote. Bruce Lederman, a lawyer for Perdue, declined to comment. Elizabeth McNamara, a lawyer for Brown, said she and her client were pleased with the decision. "As the court found, `The Da Vinci Code' is simply a different story than that told in Mr. Perdue's book, `Daughter of God,"' she said.
BOOKS - Quills Award will allow public to vote Rowling, Dylan among the nominees
by Hillel Italie Associated Press Thursday, August 04, 2005 NEW YORK -- J.K. Rowling, Bob Dylan and Stephen King are among the nominees for the inaugural Quills Awards, a glitzy literary affair for which the general public will cast the ballots. Organized by Reed Business Information, which publishes Variety, Library Journal and Publishers Weekly, and NBC television, the Quills Awards consist of 19 categories, from sports to debut fiction, with five finalists for each. Winners will be announced at an Oct. 11 ceremony hosted by NBC anchor Brian Williams, to be aired Oct. 22. "This is the first consumer-driven awards program that acknowledges the power and importance of the written word and celebrates literacy," Jay Ireland, president of NBC Universal Television Stations, said Thursday in a statement. From Aug. 15 to Sept. 15, the public can vote online at www.quillsvote.com. The prize will be promoted at bookstores and on NBC Universal stations. Some of the proceeds from the ceremony, for which admission will range from $1,000 US for a single ticket to $25,000 for a sponsorship table, will be donated to the Quills Literacy Foundation, launched earlier this year with funding from Reed. The Quills themselves carry no cash prize, although the publishing industry hopes attention given to the awards will help increase sales. The nominees range from Rowling's multimillion-selling Harry Potter and the Half-Blood Prince, a finalist for best children's narrative for middle graders, to a new translation of the ancient epic Gilgamesh, nominated in poetry. Voters can choose a "book of the year" by selecting a finalist from any category. Dylan was cited for biography/memoir for Chronicles, Volume One, while King and Stewart O'Nan were nominated for best sports book for Between a Rock and a Hard Place, a chronicle of the Boston Red Sox in 2004, when the baseball team broke a decades-long jinx and won the World Series. Philip Roth's The Plot Against America is among the fiction nominees, which also include Marilynne Robinson and her Pulitzer Prize-winning Gilead. David McCullough is a history/current events/politics finalist for 1776. Other categories include mystery, humour and science fiction/fantasy. The finalists were chosen by a panel of thousands of booksellers and librarians and were required to meet one of several possible criteria that included an appearance on the bestseller lists of Publishers Weekly, Barnes & Noble or Book Sense, a list based on sales at independent stores.
BOOKS - Chinese pirates work magic on 'Potter' by Associated Press Sunday, July 31, 2005 BEIJING -- It's missing some paragraphs and gets a couple of facts wrong, but the wizards of China's thriving piracy industry have worked their magic again and produced a rush translation of the latest Harry Potter book. An unauthorized Chinese version of "Harry Potter and the Half-Blood Prince" was on sale Sunday in Beijing, just two weeks after the book appeared in English and almost three months ahead of the planned October launch of the official Chinese-language edition. Impatient Chinese fans also have begun posting their own translations online. One reader was so upset about the ending he wrote his own and posted it on a university Web site. The fantasy series by J.K. Rowling is wildly popular in China, where the hero is known as "Ha-li Bo-te" and authorized translations of five earlier books have sold millions of copies. In 2002, an unknown Chinese author produced an entire fake adventure, "Harry Potter and Leopard-Walk-Up-To-Dragon." Chinese leaders, under pressure from the United States and the country's other trading partners, have promised repeatedly to stamp out the country's rampant piracy of goods ranging from books and movies to drugs and designer clothes. But such fakes are still widely available, and foreign companies say they are losing billions of dollars in potential sales. A Chinese-character softcover version of the newest Harry Potter installment was being sold off a tarp in an underpass in downtown Beijing for 20 yuan, or $2.50, while the official English-language hardcover books sell in Beijing for the equivalent of $21. The saleswoman would not say where she got the book but said she had been selling copies since Friday. The fake book looked identical to the first five tales put out by People's Literature Publishing House, the mainland firm that purchased the rights to publish Harry Potter in Chinese. However, several crucial pages of action are missing and there are some critical mistranslations, such as using the word "immortal" at one point when the original says "mortal." The earlier authorized translations were produced by a team of veteran children's book translators. Pirated versions of those books and the movie spin-offs are widely available in China. The People's Literature Publishing House plans to launch the official Chinese version of the new book Oct. 15, the Beijing Daily Messenger newspaper reported Sunday. In 2003, the publisher tried to beat pirates to market by rushing out its own translation of Rowling's previous book, "Harry Potter and the Order of the Phoenix," 10 days before its scheduled release. At that time, the company offered a reward for reporting piracy, but it was not clear whether it caught any copycats. A spokesman for Rowling's London agent, Christopher Little, said two weeks ago the agent had successfully taken action against Chinese pirates but declined to give details. China is regarded as the world's biggest source of illegally copied goods ranging from Hollywood movies and Microsoft Corp. software to Ralph Lauren designer shirts and Callaway golf clubs. stimates of potential lost sales to legitimate producers worldwide range from $16 billion to as much as $50 billion a year. China's own producers of music, software and other goods say they also suffer huge losses. In response to complaints from it trading partners that fines were too light to deter pirates, China has begun imposing jail time for violations. The government said in June that during an eight-month crackdown it had arrested some 2,600 people and destroyed 63 million compact discs and other counterfeit goods estimated to be worth $105 million. Earlier this month, Chinese officials promised to further step up anti-piracy efforts during a visit by U.S. Commerce Secretary Carlos Gutierrez. They said they would file more criminal charges in copyright cases, crack down on Chinese exports of pirated products and focus special attention on movie piracy. evertheless, counterfeit goods are still widely available in Chinese shops. It is estimated that 70 percent of pirated products coming into the United States originate in China. Since the English-language release of the latest Harry Potter book, Chinese fans have begun sharing their own translations for free on Web sites, including those run by Beijing's elite Tsinghua and Peking universities. On the Tsinghua site, a fan writing under the name Woodchuckle was so upset by Rowling's ending that he wrote and posted his own. A notice posted on the Tsinghua site from its administrator told users that several postings were deleted because they contained illegal electronic versions of the book. The notice said the university had received a warning from a law firm but did not give any other details. Fans also use the chat rooms to talk about their reactions to the new plot twists, opinions on the characters or what they felt they learned from the story. "As soon as I saw the book in the bookstore, I bought it and rushed home to read it," wrote one fan writing on the Tsinghua site. "I didn't finish it until the middle of the night and then I cried like crazy." Chinese and English paperback copies of 'Harry Potter and the Half-Blood Prince' bought from the streets cost RMB20 (US$2.40) and RMB30 ($3.60) respectively in Beijing. The official Chinese version of the popular book is expected only in October this year. Harry's reach is global -- but only English (book translations)by Hillel Italie Associated Press 27 July 2005, NEW YORK -- Check out the front window of Manhattan's Libreria Lectorum, one of the largest Spanish-language bookstores in the United States, and you'll see a witch's hat and a handful of copies of Harry Potter and the Half-Blood Prince -- in English. While millions have already finished the sixth book in J.K. Rowling's fantasy series, fans hoping to read it in other languages will have to wait. Translating a 672-page book is a long process, made longer by the strict security imposed on Half-Blood Prince by Rowling and her publishers. Translators didn't get to see the book until it officially came out on July 16. "The Spanish publisher (Salamandra Editorial, based in Barcelona) is just getting started and told us that the translation will probably be ready in the spring of 2006," says Marjorie Samper, product manager of Lectorum Publications, a Spanish-language book distributor that oversees the Lectorum store and is in turn owned by Scholastic Inc., Rowling's U.S. publisher. The Potter books are enormously popular throughout the world and have been translated into dozens of languages, with German and Japanese editions doing especially well. But Neil Blair, a representative from Rowling's literary agency, said that the first translations of any kind for Half-Blood Prince -- German and Mandarin so far -- aren't expected until the fall. Lectorum officials say customers are frequently calling and visiting the store with requests for the Spanish version of Half-Blood Prince. Samper said she expects a comparable level of interest to the previous Potter book, Harry Potter and the Order of the Phoenix, which had a first printing of more than 50,000, a number as high as for such popular Spanish-language authors as Isabel Allende and Jorge Ramos. "A lot of customers are asking about it. I have a waiting list of 80-90 people," says Miguel Salvat, marketing director for the Miami-based Libreria Universal. "Obviously, people would be happier if we had the book, but they don't get upset. They understand there's nothing we can do about it." With the Hispanic population topping 35 million in the United States, the book industry is well aware of the Spanish-language market, by far the biggest non-English market in the country. Random House Inc., Harper Collins and Simon & Schuster are among the publishers with Spanish-language imprints; the superstore chains Barnes & Noble Inc. and Borders Group have expanded their Spanish offerings. "We've consistently seen double-digit growth for the last number of years," says Randi Sonenshein, Border's category manager for books in Spanish. She said demand was high both for books originally published in Spanish, such as the novels of Gabriel Garcia Marquez, and for books in translation, such as Da Vinci Code author Dan Brown's works. But getting translations into stores is often frustrating -- sometimes hurried, sometimes slow. A number of factors can interfere: delays in getting the manuscript to translators; the intricacies of translation, especially for literary fiction; and a reluctance even to commit to a Spanish edition until the English work has proved successful. "With Harry Potter, you don't have to decide whether the book will succeed in Spanish, but for some books, you wonder how big the market will be," says Milena Alberti, director of Spanish-language publishing at Vintage Espanol, a Random House imprint. "We just acquired (Carlos Eire's) Waiting for Snow in Havana and we'll publish it in the fall. It won a National Book Award (in 2003) and was kind of a surprise success. That's something we couldn't have known before the book came out." Hot editor Karp gets Warner imprintHillel Italie, Associated Press Thursday, July 21, 2005 NEW YORK -- Jonathan Karp, the editor of Seabiscuit, The Orchid Thief and many other bestsellers at Random House Inc., will run his own imprint at Warner Books. Karp, who left Random House in June, has been named publisher and editor-in-chief of Warner Twelve, which will release 12 books a year. "The idea of being both the publisher and editor of the books I work on is something I've aspired to my entire career," Karp said Thursday. "And I love the idea of only publishing 12 books a year. It's so hard to get people to pay attention to books and the best things a publisher can do is lavish its own attention." The first Warner Twelve book is expected to come out in spring 2007. The 41-year-old Karp was in his mid-20s when he joined Random House as an editorial assistant and soon displayed a knack for spotting bestsellers, especially narrative non-fiction. His many authors included Laura Hillenbrand, best known for Seabiscuit; Susan Orlean, who wrote The Orchid Thief; Senator John McCain; Donald Trump; and Po Bronson. Karp seemed to enjoy publicizing books as much as acquiring them, and once helped organize a U.S.-wide contest to find an author to write a sequel to the late Mario Puzo's Godfather novels. Mark Winegardner's The Godfather Returns was a bestseller last year. Karp believes that Warner, publisher of Malcolm Gladwell's Blink and Jon Stewart's America (The Book), shares his aggressive approach. "They take a position and go for it full throttle," he said. "I think that's an exciting way of publishing." Although he rose to editor-in-chief of the Random House and Villard imprints, Karp left the publisher in June, saying he wanted more autonomy and "to stretch some muscles." On Thursday, Warner Books publisher Jamie Raab said "we're hiring him because we believe he can do what he set out to do, so he's going to have a great deal of control. "But nobody gets total control," she said. "We're part of a corporate culture, and everybody has some controls placed on them."
BOOKS - Frank magazine plans online relaunch
Canadian Press Thursday, July 21, 2005 TORONTO -- Frank magazine, the gossip and political satire sheet that stopped publishing last year, plans to start up again online in September. Frank's publisher Michael Bate, says it's a good time to be in the satire business. He cites political upsets such as the defection of Belinda Stronach to the federal Liberals and the Gomery inquiry into the sponsorship scandal. The Toronto-based biweekly magazine folded in late 2004 due to declining readership and debt. The magazine plans to make money through subscriptions and will be updated daily instead of biweekly. Access Copyright flexes its muscle in Montreal – illicit photocopying activities stoppedJanuary 12, 2004 Access Copyright, The Canadian Copyright Licensing Agency, has been successful in shutting down the illicit copying activities of U Compute, a Montreal based copyshop located close to Concordia University. On January 7th they seized over 2,200 photocopied university textbooks. This seizure alone represents an estimated $250,000 in lost revenue to booksellers, publishers and authors. In addition, agents seized more than 2,100 individual digital files which fed U Compute’s illegal print business for the last few years. Today’s available computer technology makes illicit on-demand publishing of textbooks a tempting business model. Similar to the music industry’s response to Napster and the illicit copying of music, Access Copyright is committed to stopping illegal copying activities in print or electronic forms wherever they occur across Canada. U Compute, was served with a court order effective January 7th, 2004. The company has twice previously been found in contempt of Court for breaching a “wide injunction”. The Federal Court of Canada’s original court order, which was issued in Fall 2000, prevented the copyshop from making illegal copies of whole textbooks and selling them to students at dramatically reduced prices. The most recent Court Order confirmed the previous injunctions and granted Access Copyright an Anton Pillar Order enabling it to seize unauthorized copies of textbooks and other materials if the company was still in the business of making and selling such works. As part of its on-going compliance program, investigators for Access Copyright discovered that U Compute was still producing (without licence) and selling entirely photocopied study guides and textbooks. Copyright in the guides and books are owned by educational publishers and authors affiliated with Access Copyright, who were involved in the original court proceedings. “It’s strike three for this particular copyshop. We are pleased that the court has taken this step as it confirms that repeated violations of Court Orders that are designed to protect the rights of authors and publishers will not be taken lightly,” said Fred Wardle, Access Copyright’s Executive Director. “The seizure of electronic files is particularly important to us as we are witnessing alarming increases in digital piracy. Preventing and remedying copyright infringement of our affiliates’ works is a vital part of what we do at Access Copyright.” “You can’t take a $100 textbook, copy it illegally and sell a photocopy version for $25,” said Roanie Levy, Access Copyright’s Director of Government Relations and Legal Affairs. “Copyshop owners must honour the rights of our affiliates. No one has the right to copy another’s work without permission. We make it easy for licensees to operate within the law. If they fail to do so, we take action.” For more information about Access Copyright's compliance program and services, please contact us at 1-800-893-5777 or email info@accesscopyright.ca
FILM - Sony pays $1.5m over fake film critic
Associated Press August 3, 2005 LOS ANGELES -- Sony Pictures Entertainment must pay $1.5 million US to settle a class-action lawsuit accusing the studio of citing a fake movie critic in ads for several films. Moviegoers who saw the films Vertical Limit, A Knight's Tale, The Animal, Hollow Man or The Patriot during their original theatre runs must file a claim to be eligible for a $5 per ticket reimbursement, lawyer Norman Blumenthal said Tuesday. He represented a group of filmgoers who sued Sony Pictures in 2001. Any funds remaining after claims are satisfied would go to charity, he said. Sony Pictures declined comment. The studio did not admit any liability under terms of the settlement. After the dispute came to light, the studio temporarily suspended two executives and promised to monitor its publicity and advertising more closely. Los Angeles Superior Court Judge Carolyn Kuhl entered a final judgment in the case last month, Blumenthal said. The lawsuit, originally filed by two California moviegoers, claimed the ads fooled the plaintiffs into seeing A Knight's Tale. In one ad for the action-comedy, a critic identified as David Manning of The Ridgefield Press was quoted calling star Heath Ledger "this year's hottest new star!" In an ad for The Animal, Manning was quoted declaring, "The producing team of Big Daddy has delivered another winner!" At the time, The Ridgefield Press, a small weekly newspaper in Connecticut, did not have a movie critic named David Manning, the lawsuit said. Some of the movies Manning praised had already received positive reviews from real critics. McDonald's drops Disney for DreamWorks: Ronald McDonald is ditching Mickey Mouse for Shrek. Gary Gentile, Associated Press, Thursday, July 28, 2005, LOS ANGELES -- McDonald's Corp. said Wednesday it has signed a two-year, non-exclusive deal to promote DreamWorks Animation SKG films beginning with the release of Shrek 3 in 2007. McDonald's previously said it wanted to try a new approach to marketing partnerships when its exclusive 10-year deal with The Walt Disney Co. expires next year. "Ten years is a very long time," said Larry Light, global chief marketing officer at McDonald's, the world's largest fast food chain. "The world changes more than once in 10 years. I don't anticipate that we'll be making 10-year deals in the future with anybody." The announcement was expected by Disney, which has yet to say which fast food promotional partner it might work with in the future. After the deal with McDonald's expires, "both companies will then have the flexibility to develop projects on a non-exclusive basis," Disney said in a prepared statement. Financial terms of the new agreement were not released. It also ends DreamWorks' promotional arrangement with Burger King. The relationship between McDonald's and Disney has been marked by several notable successes, including 101 Dalmatians and Finding Nemo. But there were also disappointments tied to Disney flops such as Atlantis: The Lost Empire and Treasure Planet. The results were inconsistent in part because promotions must be planned at least a year in advance - long before it's known whether a film will succeed or fail. The agreement will include promoting DreamWorks films with toys in Happy Meals. But it will go beyond typical marketing efforts to include pairing pitchman Ronald McDonald with Shrek and other DreamWorks characters in ads. It will be the first time McDonald's iconic "chief happiness officer" has shared the spotlight with non-McDonald's characters. McDonald's said it was talking to Disney and other firms about other possible marketing relationships but did not say if it expects to promote Disney films after next year. DreamWorks chief executive Jeffrey Katzenberg said he was not worried about McDonald's possibly working with one of his competitors. "We encourage them to," Katzenberg said. "The stronger the brand is, the stronger their relationship is with their consumer. It's good for both of us." Analysts said the two-year deal makes better sense for both parties than a longer-term agreement. "You never know what market forces may be at work on either the restaurant side or the film production side," said David Miller, an analyst with Sander Morris Harris. Miller said promotional deals with fast food companies can help build advance awareness of movies, but no amount of promotion can save a flop. "The best publicity for movies is word of mouth," he said. "It doesn't matter what kind of little figurines you get in a Happy Meal. Ultimately the film has to work."
FILM - Canadians prefer their movies at home
by Tim Naumetz and Marke Andrews CanWest News Service Tuesday, July 26, 2005 -- More Canadians are putting their feet up, nuking popcorn in the kitchen and taking in movies at home then ever before, a new survey suggests. And while the vast majority of the films are U.S. productions, the survey released by Statistics Canada also found more Canadian films and television shows found their way onto theatre screens and home television sets last year. The report, which found movie attendance declined in 2003-2004 for the first time in more than a decade, found total revenues in film, video and DVD distribution and wholesales hit a record high of $3.4 billion, up 4.9 per cent from 2002-2003. As the wholesale market in videocassettes and DVDs climbed to $1.8 billion from $1.6 billion the previous year, distribution to movie theatres slipped to $382 million from $462 million, Statistics Canada said. "Data from the motion picture theatres survey showed that movie attendance fell in 2003-04 for the first time in more than a decade, in the wake of the SARS outbreak and a lack of blockbuster movies," the agency said. "In turn, this may have reduced the demand for films by movie theatres." Distribution for pay TV, conventional TV, governments and education accounted for the rest of the sales. In the survey of film distributors and video wholesalers, Statistics Canada found that Canadian content share of revenue in the domestic market increased 1.1 per cent at movie theatres, 2.3 per cent for pay television, and 3.2 per cent for conventional television, for an overall revenue gain of 1.9 per cent. On the home video and DVD side, domestic wholesaling of videocassettes and DVDs were up 0.3 percent, but revenue earned from sales to educational institutions and governments was down 4.5 per cent, resulting in an overall drop of 0.1 per cent. When compared to foreign content in theatres and on TV screens, the numbers seem insignificant. Canadian films rose to 4.2 per cent of theater revenue from 3.1 per cent, which is still dwarfed by the 95.8 per cent earned by foreign movies, most of those American. Likewise, the 17.2 per cent share of conventional TV revenues pales next to the 82.8 per cent earned by foreign shows. But for an industry struggling to carve out a niche in its own domestic market, the numbers are encouraging. "I think it's great that there is any type of an increase, but do we actually notice it when we go out? That's pretty tough to gauge," said Trent Carlson of Vancouver's Anagram Pictures, whose mock documentary The Delicate Art of Parking had its theatrical release during this period. The film had big box-office numbers in B.C., which were not matched in other provinces. "When we're talking about one per cent, it's really hard to gauge that," said Carlson. "Every once in a while a film comes along, or you see a handful of films where you think, 'Wow, that must mean something,' but in the larger picture, how much of an effect does it have?" Chris Bartleman, co-founder of Vancouver animation house Studio B, said the past few years have been healthy ones for the animation industry. "The TV business has been picking up overall," said Bartleman. "The appetite for programming is back again, and the broadcaster appetite for children's programming has been strong. Business for us is up like crazy." Quebec, which supports its domestic films in dramatic numbers, had a Canadian-content share of distribution revenue (content to theatres, home video and television) of 26.5 per cent, significantly higher than the 1.4 per cent in Ontario and 1.9 per cent in all other provinces. English Canada has always been a tough market for Canadian producers to crack because of the dominance of Hollywood movies and American TV shows.
FILM - Polanski wins libel suit vs. Vanity Fair
by Jill Lawless, Associated Press, Friday, July 22, 2005 LONDON -- Filmmaker Roman Polanski won his libel suit Friday against Vanity Fair magazine over an article that accused him of propositioning a woman while on the way to the funeral of his murdered wife, Sharon Tate. The Academy Award-winning director was awarded $87,000 US in damages plus court costs. The jury of nine men and three women took 4-1/2 hours to reach their unanimous verdict at London's High Court. "It goes without saying that, whilst the whole episode is a sad one, I am obviously pleased with the jury's verdict today," Polanski, 71, said in a statement. Judge David Eady also ordered Vanity Fair publisher Conde Nast to pay the equivalent of $300,000 of Polanski's costs within 14 days. The total bill for costs could be much higher. Polanski, director of Rosemary's Baby, Chinatown and The Pianist, sued Vanity Fair's publisher over a 2002 article that accused him of propositioning a woman while on the way to the funeral of Tate, who was killed by followers of Charles Manson in 1969. The article alleged that Polanski put his hand on the woman's thigh and promised her: "I will make another Sharon Tate out of you." Polanski's lawyer, John Kelsey-Fry, said Polanski had been "monstrously libelled for the sake of a lurid anecdote." The director's lawyers deny that the incident ever occurred. Condé Nast accepted that the alleged incident at Elaine's restaurant in Manhattan did not happen before Tate's funeral, but alleged that it happened about two weeks later. In a week-long case that featured lurid probing of Polanski's sex life and testimony in his defence from movie star Mia Farrow, lawyers for Vanity Fair labelled Polanski a "refugee from morality." The magazine's lawyer, Tom Shields, told the jury Thursday that Polanski's "law of morality" knew no rules -- "only violations of civilized conduct which, it appears, can be readily excused." Polanski, who won an Oscar in 2003 for the Holocaust drama The Pianist, has lived in France since fleeing child-sex charges in the United States in 1978. He was unwilling to come to Britain for fear of extradition, but he was allowed to testify by video. After the verdict, Vanity Fair editor Graydon Carter said he found it "outrageous that this story is considered defamatory, given the fact that Mr. Polanski cannot be here because he slept with a 13-year-old girl a quarter of a century ago." Polanski said the case had made him "relive the horrible events of August 1969, the murders of my wife, my unborn child and my friends." "The memory of my late wife Sharon Tate was at the forefront of my mind in bringing this action," he added. Farrow, appearing as a witness for Polanski, said the director was consumed by grief when she met him at Elaine's in late August 1969. Farrow, who starred in Rosemary's Baby, said the director had been "unable to talk about anything else... He just kept saying over and over, 'Why? Why?' " Condé Nast is based in New York, but libel actions concerning the international media are often brought in British courts because they are considered friendlier to claimants than U.S. courts. Carter said he found it "amazing that a man who lives in France can sue a magazine that is published in America in a British courtroom." "Nevertheless, it was interesting to see the wheels of British justice move, and I wish Mr. Polanski well, and we have a magazine to put out," he added.
FILM - Searchlight buys rights to B.I.G. film
Associated Press, July 21, 2005 LOS ANGELES -- Fox Searchlight says it has secured the rights to a film about slain rapper Notorious B.I.G. that is to be produced by the artist's mother and his former managers. The studio is in negotiations with Antoine Fuqua (Training Day) to direct the biopic. Cheo Hodari Coker, who wrote the biography Unbelievable: The Life, Death, and Afterlife of the Notorious B.I.G., has been tapped to write the script, Fox Searchlight announced Tuesday. The studio's president, Peter Rice, called B.I.G.'s life "a unique human story." The rapper, whose real name was Christopher Wallace, was also known to fans as Biggie Smalls. He was gunned down March 9, 1997, after a music-industry party in Los Angeles. The case remains unsolved. His mother, Voletta, said in a statement that while several documentaries have been made "about Biggie the rapper... nobody knows Christopher the human being." "He was somebody with feelings, somebody with a heart. Christopher was a son, a father and a good friend. It's time for people to know the real him," his mother said. B.I.G.'s former managers Wayne Barrow and Mark Pitts will produce the movie. "Searchlight gave us the opportunity to really be able to come in and tell the story the way it was supposed to be told," Barrow said. "It's not just a hip-hop film, it's a film of life and a film of love." While plans for the movie are moving along, a Hollywood ending has yet to be reached in the legal case surrounding Wallace's death. Earlier this month, a federal judge declared a mistrial in the wrongful death lawsuit that his family filed against the city of Los Angeles. The family alleges police officials covered up officers' involvement in the murder. Wallace family lawyer Perry Sanders Jr. has said the lawsuit will likely be refiled.
FILM - U.S. feds crack down on movie piracy: Speedy file-sharing network had Revenge of the Sith before it came to theatres. - Canadian Press 2005, WASHINGTON, D.C. -- The Force was not with them. Federal authorities in the U.S. have shut down Elite Torrents, an online file-sharing network that had the final Stars War movie before it was shown in theatres. Authorities accuse the site of engaging in high-tech piracy. This marks the first case against individuals who use the high-speed file-sharing software called Bit-Torrent. Authorities say the network had more than 133,000 members, and movie titles that included Star Wars: Episode III - Revenge of the Sith among its library of nearly 18,000 films. Not counting the growing popularity of file sharing, the Motion Picture Association of America estimates the film industry lost $3.5 billion (US) to movie piracy last year.
FILM - U.S. allows parents to 'strip' DVD content
Canadian Press, April 27 2005, WASHINGTON -- President George W. Bush on Wednesday signed legislation aimed at helping parents keep their children from seeing sex scenes, violence and foul language in movie DVDs. The bill gives legal protections to the fledgling filtering technology that helps parents automatically skip or mute sections of commercial movie DVDs. Bush signed it privately and without comment, said White House press secretary Scott McClellan. The legislation came about because Hollywood studios and directors had sued to stop the manufacture and distribution of such electronic devices for DVD players. The movies' creators had argued that changing the content -- even when it is considered offensive -- would violate their copyrights. The legislation, called the Family Entertainment and Copyright Act, creates an exemption in copyright laws to make sure companies selling filtering technology won't get sued out of existence. Critics of the bill have argued it was aimed at helping one company, Utah-based ClearPlay Inc., whose technology is used in some DVD players. ClearPlay sells filters for hundreds of movies that canbe added to such DVD players for $4.95 each month. Hollywood executives maintain that ClearPlay should pay them licensing fees for altering their creative efforts. Unlike ClearPlay, some other companies produce edited DVD copies of popular movies and sell them directly to consumers. In a nod to the studios, the legislation contains crackdowns on copyright infringement by explicitly providing no legal protections for those companies that sell copies of the edited movies, creating new penalties for criminals who use small video cameras to record copies of first-run films in movie theatres, and setting tough penalties for anyone caught distributing a movie or song prior to its commercial release. The legislation also reauthorizes a Library of Congress program dedicated to saving rare, culturally significant works, such as home movies, silent-era films and other works that are unlikely to be protected by the big studios.
FILM - Hollywood wins Internet piracy battle: The U.S. Supreme Court rules against file-sharing service Grokster in a closely watched piracy case. - New York (CNN/Money) - The U.S. Supreme Court ruled that software companies can be held liable for copyright infringement when individuals use their technology to download songs and movies illegally. The unanimous decision handed the music and movie industries a crucial victory in their ongoing battle to curb Internet piracy -- a campaign centered on lobbying for new laws, filing thousands of lawsuits against Internet users, and winning a ruling from the nation's highest court. Their victory on the third piece of that strategy dealt a big blow to technology companies, which claim that holding them accountable for the illegal downloading of songs, movies, video games and other proprietary products would stifle their ability to develop new products. In MGM v. Grokster, the high court overturned a ruling that had barred Hollywood and the music industry from suing Internet services used by consumers to swap songs and movies for free. The decision was one of two key Internet-related cases that the Supreme Court handed down Monday. The justices also overturned a prior ruling that required cable operators to open up their high-speed Internet lines to rivals. In Grokster, the court did not address the question of whether the technology at issue in the case -- known as file-sharing, or "peer-to-peer" -- is illegal. Rather, the justices focused on the actions of the peer-to-peer software companies named in the case, Grokster Ltd. and StreamCast Networks Inc., the maker of file-sharing software known as Morpheus, and whether they encouraged the illegal use of their technology. In a strongly-worded opinion written by Justice David Souter, the court called Grokster and StreamCast's unlawful intent "unmistakable." "We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice Souter wrote. The beginning of the end....or just the beginning? The case isn't over and neither is the entertainment industry's efforts to curtail piracy. The Supreme Court, in its order Monday, sent Grokster back to a lower court for a trial, assuming the case doesn't settle first, on whether Grokster and StreamCast did induce copyright infringement. Still, the decision stunned consumer rights groups, which had backed the technology industry in the case. They said after the ruling that the court had effectively established a new legal standard for copyright infringement -- one that the entertainment industry had lobbied Congress aggressively for last year. "This is a very dangerous decision for technology and for innovation," said Edward Black, the president of the Computer and Communications Industry Association, which opposed the entertainment industry in the lawsuit. Hollywood and the major record labels disagreed. Donald Verrilli, the entertainment industry's lead lawyer in Grokster, called opponents' claims that the decision will chill innovation "fear-mongering." He said the court simply verified a "common sense" principle: "It can't be written under this nation's laws that you can build a business on the basis of taking somebody else's property," he said. Verrilli, a partner in Jenner & Block, called the Supreme Court's decision a "terrific result" and noted repeatedly that it was unanimous. The Grokster case was the second major battle in a piracy war that erupted in 2000, when a nascent company then known as Napster operated a centralized directory of songs that users could download for free. The Ninth Circuit U.S. Court of Appeals eventually shut down Napster, which now operates a legitimate music site under different ownership. After the Napster victory, the music and movie industries went after other distributors of file-sharing, or so-called peer-to-peer software. In the case decided Monday, the entertainment industry sued Grokster and StreamCast, both advertising-driven companies that give away file-sharing software for free. Unlike the original Napster, however, they don't operate a central database containing songs or movies. Grokster and StreamCast Networks argued that they should not be held responsible for illegal activity using their software. In August 2004, the Ninth Circuit sided with the peer-to-peer companies and the case moved to the Supreme Court. Raymond Van Dyke, a technology law expert and partner with the law firm Nixon Peabody, said the 'hear-no-evil, see-no-evil' defense adopted by Grokster and other peer-to-peer technologies as a way around the earlier Napster decision failed. "The Supreme Court really came out strong here," said Van Dyke. "I don't think the judges could have ruled otherwise. They would have sanctioned the wholesale destruction of the content industry." A bigger battle may loom But some peer-to-peer experts weren't convinced that the decision was the clear-cut victory that Hollywood and the music studios had hoped for. The case was seen as a test of a controversial decision the Supreme Court handed down 20 years ago in a battle over the Betamax home video recorder. In that earlier case, the high court rejected claims by entertainment companies that Betamax and the VCR threatened their livelihoods because it allowed consumers to tape programs illegally and to share them freely. In a very close decision, however, the Supreme Court declined to make the Betamax illegal after concluding that device's legitimate uses outweighed its potential misuse. Five justices voted in favor of the technology industry in that earlier case, negating the four justices who sided with the entertainment industry. Eric Garland, the CEO of file-sharing tracker BigChampagne who has followed the Grokster case closely, said Hollywood & Co. was looking to the Supreme Court to rule that peer-to-peer technology is illegal because it's used mostly for illegitimate purposes. But the court, said Garland, sidestepped the issue in Grokster by focusing instead on how Grokster and StreamCast marketed themselves to potential customers. "The entertainment industry really needed this to be about the technology. What they didn't get was a decision that said 'tools that allow people to exchange files freely on the Internet, without permission, are illegal,'" said Garland. "I think this just opens more doors and asks more questions than it answers," added Garland. "We're going to see a whole of litigation because there's still no clear standard." June 27, 2005 By Krysten Crawford, CNN/Money staff writer
TV - ABC TV Is Sued Over Plan for Show - by JACQUES STEINBERG Published: August 11, 2005 - The creators of a television show, first broadcast in Minneapolis, that pits would-be inventors against each other for prizes, filed suit yesterday against ABC television, as well as a producer of "American Idol" and Simon Cowell, the outspoken "Idol" judge, for preparing a similar show with the same title: "Million Dollar Idea." The producers and hosts of the Minnesota show, Jean M. Golden and Todd P. Walker, who previously worked as "product talent scouts" for the shopping channel QVC, said that ABC's announcement on July 13 that it had ordered nine episodes of a reality show with the working title "The Million Dollar Idea" constituted a "patent rip-off" of a show that they first broadcast on an independent station in Minnesota in 2003. Earlier this year, they said, the show was sold in syndication to more than 100 other stations nationally.In their suit, filed in federal court in California, the producers said they had registered the name of their show as a trademark and copyrighted elements of the production. They are seeking to enjoin ABC from putting its show on the air. The producers said that they had pitched a national version of "Million Dollar Idea" in March 2004 to Andrea Wong, executive vice president for alternative programming at ABC, in a telephone conversation and a letter. They said that they had also sent copies of their "pitch materials" to the Creative Artists Agency, a talent management firm. The news release that ABC issued last month announcing "Million Dollar Idea" included a quotation from Ms. Wong, who oversees all reality programming at the network, and also noted that "the show was packaged by C.A.A." The network said that the executive producers would include Mr. Cowell as well as FremantleMedia North America, which produces "Idol" on Fox, a rival network. A spokeswoman for ABC, Annie Fort, said the network had not formally received the suit and had no comment. C.A.A., which represents Mr. Cowell, said it had no comment. Representatives for Fremantle did not return calls. In the news release last month, ABC said that its show would "undertake a national search for America's greatest entrepreneur with the best business idea or new product." The grand prize would be "$1 million worth of business support, including cash, top-notch entrepreneurial counsel and physical resources to the winner, allowing him/her to turn a dream into reality." In its Minnesota incarnation, the show lays out a similar competition, albeit for a grand prize of $50,000. In its pitch to ABC, the producers said they had proposed raising that prize to $1 million. Like the Minnesota-based show - which is set at the Mall of America - the ABC program would rely on a panel of three judges. In the creative world, lawsuits in which one party claims to have had an idea poached by another are hardly unusual. Some of the most colorful have concerned reality television. Last year, for example, NBC filed suit against Fox in a California court claiming that a Fox show about boxing ("The Next Great Champ") was too similar to an NBC show about boxing ("The Contender"). An attempt by NBC to keep the Fox show off the air was dismissed, on the grounds that blocking its broadcast would constitute a violation of the First Amendment. The producers of "Wife Swap," a reality show on ABC, also filed suit last year against Fox over a show called "Trading Spouses," which, the "Wife Swap" producers contended, was a "blatant and wholesale copycat." While many of those claims have been dismissed, some remain unresolved. "Plaintiffs have had a difficult time keeping what they would call 'copycat' reality TV shows off the air," said Joseph Gioconda, a partner at Kirkland & Ellis in New York who specializes in intellectual property law and is not a party to the suit filed yesterday. "The issue, and I think this is something counterintuitive to people, is that you can't protect an idea. It is the particular expression of that idea that is protected by copyright. The court looks to details, as opposed to generalities." To that end, the creators of the Minnesota show appeared to have gone a step beyond other such shows by seeking, in advance, to legally protect its name and specific elements of its show, Mr. Gioconda said. More problematic, perhaps, could be the producers' effort to persuade a judge that they had an understanding with Ms. Wong and C.A.A. - which is not named as a defendant in the suit - that its pitch was confidential. While the producers said that they sent Ms. Wong a confidentiality agreement, they acknowledged that she did not sign it.While it is common in Hollywood to send such an agreement without getting it signed, Mr. Gioconda said: "It definitely makes these cases more difficult for the plaintiff. You need to prove there was a contract, even though ABC didn't sign anything."
TV - New branding reality: Off-TV platforms - by Gail Schiller, Hollywood Reporter, Aug. 05, 2005 -- For NBC's newest reality show "Meet Mister Mom," all four of the show's primary sponsors not only are integrated into the program and running numerous spots throughout the six-episode series, but they also all have launched marketing and promotional campaigns around their involvement in the show. "Mister Mom" is the latest example of how for many blue-chip advertisers, the integration of products into program content no longer is enough. More and more brands are setting their sights on a loftier goal: building a marketing platform around a brand integration to take full advantage of the equity of the show. The shining example of such a coordinated TV branding campaign is Sears and its association with ABC's Sunday night feel-good hit "Extreme Makeover: Home Edition." American Express also was a trailblazer in this area with its campaign aimed at small-business operators built around NBC's "The Restaurant" in 2003. Today, as product integration increasingly pervades primetime, marketers are seeking more bang for the bucks they spend on TV. Clorox, which has four Clorox and Glad products featured in NBC's "Mister Mom," is running footage from the program in one of its TV ads, buying radio spots, hosting an Internet microsite featuring outtakes from the show and placing advertorials in TV Guide and six national women's magazines. JC Penney, which expects to see some of its back-to-school apparel lines featured in the show about what happens when dads are left in charge of the household after mom is sent off to a spa, is displaying 36-inch promotional floor displays in its more than 1,000 stores -- frequented by 3 million people a day during the back-to-school season. It also is featuring an ad for the series on the front page of its Sunday circular, which reaches about 50 million people and is reintroducing its "Where's Your Mother" TV ad campaign because of the ideal fit with the show. Nissan is running two spots during the series that it reworked to include "Mister Mom" messaging and logos and is promoting the integration of its Quest minivan on a specially created microsite. And State Farm, whose agents will award the $25,000 prize to the family that wins the weekly competition, ran a full-page ad in this week's issue of "Inside TV" and posted ads on Web sites targeted at mothers. "We don't just look at these as opportunities to integrate brands into the shows," said Robert Riesenberg, CEO of Omnicom's Full Circle Entertainment, which produced "Mister Mom" for NBC as a barter series along with Ben Silverman's Reveille and producer Jamie Bruce. "It goes well beyond that, and if brands are going to get full value out of their integrations, they're going to take advantage of the kinds of things that can expand their association with the show, like consumer promotions, themed commercials that might make use of subject matter from the show, print, radio and Internet extensions, on-pack communications and in-store communications. "That's really where this is all headed. To simply invest all that time just to place your product in the show, while that's well and good, you could do so much more." Silverman said online calls to action also are a key element of the "360-degree" marketing platform, which can succeed even if the TV show upon which it is based does not. So even though "Mister Mom" opened to an unimpressive 4.5 million viewers Tuesday night, the show's sponsors aren't changing their marketing plans. "I think the ratings on shows like this fluctuate quite a bit, so we're staying the course," said Anne Hickey, vp marketing communications at Clorox. And while these marketing campaigns certainly are a boon for integration partners, networks and producers have taken note of what the advertisers' marketing activities can do to help promote their shows, especially when they're dealing with new programs that need to find an audience. In fact, ABC said it requires that all brands integrated into its shows provide some form of marketing support as well as buy ad time. NBC said it asks all of its integration partners to provide promotional support, though they don't always comply. CBS said it encourages cross-promotional activity but doesn't require it. "We like our shows promoted in all possible venues, and client partnership in doing that is a good thing," said George Schweitzer, president of the CBS marketing group, noting that both networks and advertisers are "moving in that direction." With "Mister Mom," NBC was so aware of the importance of the sponsors' marketing platforms that it even helped them design some of their marketing initiatives, said Julie Kantrowitz, chief marketing officer for Full Circle. As a result of the network interest, the fall season is expected to see a significant surge in cross-promotional activity from integration partners. The trend toward cross-promotion potentially could alter the financial terms of branded entertainment deals. Media agencies, advertisers and networks acknowledged that promotional dollars could come into play in negotiations, possibly reducing integration fees or network demands for larger ad buys from advertisers. But so far, the trend toward marketing support from integration partners is so new that no standard has emerged as to how it will affect the other terms of the deal, they said. Silverman said that though it is reasonable for advertisers to request discounts based on their promotional support of TV shows, the marketing spend and distribution of the networks -- both broadcast and cable -- so dwarfs the size of any advertiser's contribution up to this point that it is "not yet an equitable conversation." He also noted that networks and producers are giving their integration partners the right to use images from their TV shows without charging additional license fees. Riesenberg said sponsorships on all of Full Circle's shows are priced to include marketing rights as well as integration and commercial time. Media agencies, producers specializing in branded content and branded entertainment firms all appear to be pushing their clients toward building marketing campaigns around their product integrations in TV shows. "Every brand that gets to be a part of a program should also want to see the audience tie in to its own form of branded entertainment outside the show as well as within the program," Madison Road CEO Jak Severson said. The company's first show, "Treasure Hunters," which airs on NBC in the winter, will see brands participating in the program supporting the show by creating off-channel opportunities, Severson said. The integration partners for "Bound for Glory, another reality show being produced by Full Circle and Reveille as well as R.J. Cutler's Reality Pictures, also plan to launch their own promotional campaigns around the series, which premieres on ESPN in the fall. To kick off the second season of "Home Edition" last fall, Sears ran an in-store sweepstakes tied to the series and placed ads in its circulars, which reach 52 million people on Sundays. Sears also created 26 custom commercials -- one for each episode -- that featured footage from the show that week. In addition, Sears hired "Home Edition" star Ty Pennington to appear in its commercials and be a spokesperson for the department store chain. In April, it launched a line of home fashion goods named Ty Pennington Style. The Sears campaign also included an online call to action, allowing viewers to buy products seen in the show less than 24 hours later via Sears.com and ABC.com. "Sears wanted to showcase our point of differentiation in the marketplace, and ABC was looking for a marketing and a product partner as well as an advertiser," said Toure Claiborne, Sears director of specialty marketing. "We were able to be an authentic one-stop shop for ABC and 'Extreme Home Makeover.' " He said Sears expects to launch more in-store, online and other cross-promotional activity for the third season of "Home Edition" in the fall.
FILM - Film Channel Veers From Oldies and May Pay for It - by LIA MILLER July 25, 2005 New York TimesThe judge has ruled: "Look Who's Talking, Too," starring John Travolta and Kirstie Alley, just isn't a classic. After it changed its programming in 2002 to include more contemporary films, including movies like "Staying Alive" and the "Look Who's Talking" movies, the American Movie Classics channel was sued by Time Warner Cable for veering too far from its original format of classic movies. John Travolta played the role of Tony Manero in "Staying Alive," a 1983 movie that is, by legal standards at least, not considered a classic. A ruling on July 8 by Judge Bernard J. Fried of New York State Supreme Court gives the Time Warner unit, which has 11 million subscribers, the green light to drop the station. A spokesman for Time Warner Cable said his company was gratified by the outcome but had not decided if it would stop carrying AMC. A spokesman for AMC said that the company planned to appeal the judge's decision immediately, adding, "We are optimistic that this ruling will be overturned." If it stands, Time Warner Cable may not be the only operator that decides to change its policy in light of AMC's new focus. Jerry McKenna, a vice president at Cable One, a cable provider in the South and Midwest that also carries AMC, said, "When we enter into an agreement with a programming network like AMC, we are interested in specific programming that we feel meets a genre need or a demographic need for our customers." The decision comes at a critical time for Cablevision, which owns AMC's parent company, Rainbow Media. Cablevision has been planning to turn the operating division for its cable systems into a private company by the end of the year, which would leave Rainbow Media as the remaining public asset. Thomas Eagan, an analyst at Oppenheimer & Company, said he envisioned three possible outcomes from the judge's decision: Time Warner Cable could try to reduce the rate it pays AMC by 10 percent; all of the cable operators that carry AMC could try to reduce the rate they pay AMC by 10 percent; or Time Warner could take AMC off its systems. Mr. Eagan said the dispute - one of many between distributors and cable networks - was interesting for the line in the sand that it drew on the issue. "If you change your programming genre, you are opening yourself up for distributors being able to cancel your contract." He also noted that competition might have been a factor for Time Warner. "I think part of the story is that, remember, Time Warner also owns TBS and TNT, which are contemporary movie channels, I do think that part of their motivation here is that the AMC genre is becoming closer to the TBS and TNT format."
TV - Product placement explodes on TV fare - by Frazier Moore Associated Press Friday, July 22, 2005 NEW YORK -- They get flush turning TV shows into promotions -- and all you get are these lousy product placements. Beware: Television more and more is shill-o-vision, where commercial breaks still come and go but the commercials never end. Commercials for Sears products, which outfit ABC's Extreme Makeover: Home Edition. For Coke, with logo-inscribed glasses nursed by Simon and his comrades on Fox's American Idol. For Clairol, when a contest to be "Herbal Essences Girl" pitted two pals against each other on an episode of the WB sitcom What I Like About You. And this is only the start. Foiling ad-aversive TiVo users, TV honchos burn with gold-rush fever as they stake out a zap-proof advertising gold mine: the programming itself. Hear CBS boss Leslie Moonves as quoted last month in Broadcasting & Cable magazine: "We're making more and more of those deals: the kind of cars they drive in CSI; the kind of orange juice they drink in Two and a Half Men." In 2004, the value of television product placements (a product or brand name inserted for marketing purposes into entertainment fare) increased by 46.4 per cent over the year before, to $1.88 billion US, according to the research firm PQ Media. For the networks and producers raking it in, that's quite a haul. Meanwhile, the audience is at the receiving end of a sales drive neatly tucked into the story line -- whether it's for the Buick touted by sexy Gabrielle on ABC's Desperate Housewives or the Campbell's Soup served up on NBC's American Dreams. A product promo can even become the narrative's defining force, especially on reality shows like The Apprentice, in which episode-length challenges are custom-made for sponsors Burger King, Mattel toys and Crest toothpaste. And thanks to a new kind of alliance between sponsor and producer, there are whole series being created from scratch that showcase a product as their primary mission. Not that "advertainment" is limited to television. Video games, novels, movies, pop songs, music videos, Broadway plays -- every nook and cranny of the culture, it seems, comes preinstalled with product plugs. Or soon will. But TV is a little different. Its broadcast channels are carried on public airwaves and regulated by the U.S. Federal Communications Commission, which lately has been taking a new look at embedded advertising -- and its potential for catching the audience off guard. "I think product placements can be deceptive, because most viewers don't realize they're really advertisements," says FCC commissioner Jonathan S. Adelstein. "That's why there's a law that requires disclosure. The question is: How well are we enforcing it?" ABC, CBS and UPN all insist their policy is to comply with laws passed by Congress nearly 80 years ago requiring that broadcasters and other involved parties identify anyone who gave them "valuable consideration" to air anything. (Fox, NBC and the WB did not respond to a request for comment.) But it may be that the letter of the law is heeded more faithfully than its spirit. A fine-print "promotional consideration" message in the clutter of a program's closing credits just may not be adequate to get the point across. "Something that flashes by in the blink of an eye is hardly real disclosure," says Adelstein. Gary Ruskin, executive director of Commercial Alert, goes further. "We think that broadcasters are thumbing their nose at the law," says Ruskin, whose non-profit advocacy group petitioned the FCC nearly two years ago to require more prominent advisories, including labelling on-screen each instance of product placement as it occurs. The FCC has yet to rule on the petition. But Adelstein agrees that "we may need to change our rules to address the fact that, even when there is some disclosure, people still don't know that they've been advertised to. At a minimum, it seems that advertisers should disclose up front (in the program) there's going to be a product placement, so that when somebody sees it, they know what they're seeing." Adelstein is outspoken about cracking down on violations of federal payola laws, which (along with undisclosed product placements) can include video news releases misrepresented as legitimate news reports, and appearances by consumer product experts who evaluate products with which they have an unacknowledged financial tie. He has invited viewers "to hit their record button" when they see an apparent breach, then to share that tape with the FCC for a possible investigation. (Background information for the public on payola is available on the FCC website.) "Viewers shouldn't be unwitting victims of a stealth campaign to manipulate their minds," says Adelstein. "If they know that somebody's trying to persuade them about something, they can take that into account." And also take into account how, with shill-o-vision booming, entertainment has become another word for hucksterism. MORE: http://www.fcc.gov/ www.commercialalert.org
TV - Andre 3000 Signs Deal With Nickelodeon and MTV, Says Children's Films Should Be Edgier - New York May 10, 2005 — Andre 3000 says kids' movies need to be edgier and he plans to make it happen through a new deal with Nickelodeon and MTV. "I've noticed that kids, they're looking up to the Jay-Zs, they're looking up to OutKasts," the rapper (and father of a 7-year-old boy with singer Erykah Badu) told The Associated Press on Tuesday. "So kids' movies and cartoons, they're getting smarter … because it seems like kids are cooler." As part of the deal, Andre, one-half of the multiplatinum duo OutKast, is set to star in a new Nick Movies film, "The Hit," which he will also co-produce. It's about a fifth-grader, seeking a new wife for his father, who discovers his next-door neighbor is Cupid. "They called me about a project that wasn't even a script at the time," he said. "They pitched the idea to me and I loved it." The deal also gives MTV Networks the option to produce feature films and TV projects by Andre and he has a lot of ideas to develop. "Even with videos, I've always been involved with writing the concept and writing the narrative," he said. "I felt like I had something to offer to the film world." Andre (born Andre Benjamin) had a supporting role in this year's comedy "Be Cool," which co-starred John Travolta and Uma Thurman. Later this year, an OutKast movie is expected to be released on HBO. He also recently wrapped up the movie "Four Brothers," directed by John Singleton. He says acting has taught him to be less concerned about his ego. "In music, if you don't feel like going to the studio that night, you don't have to. When you're in a film, you're with a crew, it's not about you at all. Film is totally crossing out vanity and crossing out yourself," he said. He's also grown as an actor by learning not to be self-conscious about his screen performance. "I think the more I do, the less I think about it, and the less I think about it, the better it is to me," he said. "It's almost like getting comfortable with being uncomfortable." Andre isn't letting his music fall by the wayside, however. He and Big Boi are starting work on a new album, the follow-up to their Grammy winning "Speakerboxxx/The Love Below." (c) 2005 Associated Press. By N.M MOODY
RADIO - The New Trend: E-Mail Disclaimers? - Aug. 17, 2005 by Phyllis Stark -- We can thank New York State attorney general Elliot Spitzer for this, but the growing trend in e-mails from radio programmers seems to be formal disclaimers. As Spitzer's investigation of the radio and record industries continues, even programmers who are unlikely to have ever been associated with the probe have made disclaimers a standard part of their automated e-mail signatures.Among the examples, Ginny Rogers, the APD/MD at Greater Media's country WKLB Boston, includes a line at the end of her e-mails that says "No airplay is being provided by station in exchange for promotional support, including product or ticket requests."Similarly, Brad Austin, PD of Times and News Publishing's country WGTY York, Pa., signs off his e-mails with the following disclaimer: "Any and all requests for product, concert tickets, merchandise or promotional opportunities contained within this e-mail has no impact on airplay, rotations or adds at WGTY."
INTERNET - Web copyright dispute settled - Johannesburg, South Africa 29 August 2005 -- A company accused of online copyright infringement has paid an out-of-court cash settlement to the copyright owner. The alleged wrongdoer purportedly copied, word for word, a large piece of text from FindanAdvisor's Web site and distributed such as part of an e-mail newsletter for its own marketing campaign. Copying and pasting content off the Internet is widespread, but offenders can be sued for up to three or four years of royalty fees, or even more if financial loss can be proved, says FindanAdvisor in a statement. It notes that parties making use of content from Web sites need to quote the source of the content and preferably provide a link back to the source Web site. Most Web authors will be content with the publicity and incoming link; however, in order to be completely watertight, express authorisation by the author of the content needs to be obtained, the company says. FindanAdvisor.co.za says it is “pleased” with the settlementCanada's economy lost more than $1.1 billion (CDN) to software theft.Established in 1990, the Canadian Alliance Against Software Theft (CAAST) is an industry alliance of software publishers who share the common goal of reducing software piracy. CAAST provides educational information to corporations, consumers and resellers about software piracy and its implications. This non-profit organization also protects the rights of its member companies against the unauthorized sale or reproduction of software through the support of the legal prosecution of individuals or groups involved in this unlawful activity.The Business Software Alliance is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry and its hardware partners before governments and in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates consumers on software management and copyright protection, cyber security, trade, e-commerce and other Internet-related issues. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cadence, Cisco Systems, CNC Software/Mastercam, Dell, Entrust, HP, IBM, Intel, Internet Security Systems, Macromedia, McAfee, Inc., Microsoft, PTC, RSA Security, SAP, SolidWorks, Sybase, Symantec, UGS Corp. and VERITAS SoftwareITAC is the voice of the Canadian information and communications technology industry. Together with its affiliated organizations across the country, the association represents 1300 companies in the information and communications technology (ICT) industry in all sectors including telecommunications and Internet services, ICT consulting services, hardware, microelectronics, software and electronic content. ITAC's network of companies accounts for more than 70 per cent of the 566,000 jobs, $130 billion in revenue, $5.2 billion in R&D investment, $20.7 billion in exports and $11.5 billion in capital expenditure that the sector contributes annually to the Canadian economy.Cellular Telecommunications & Internet Association ( CTIA )
VIDEO GAMES - GAME MAKERS TURN TO FESTIVAL MARKETING - August 16, 2005 By Kris Oser and Abbey Klaassen NEW YORK (AdAge.com) -- Companies Under Intense Pressure to Increase Sales and Change Purchasing Patterns. Because their continued annual sales growth demands they develop a huge audience of enthusiasts motivated to buy new games, game makers are turning to ever larger festival-like events that offer consumers intensive hands-on sampling of their wares. Despite the explosive growth of the industry, game makers are under heavy pressure to develop a vast audience motivated to constantly purchases new games. Game publishers need people who are going to buy games constantly," said Suzie Reider, senior vice president of sales and marketing at CNET games and entertainment. They’ve got to expand their market. GameSpot, a CNET division, is organizing the Games And Music Experience (GAME), a massive festival that mixes concerts with a trade-show-like game-sampling expo in San Francisco's sprawling Moscone Center. Clear Channel Entertainment is producing GAME. 'Entertainment destination' - The Dec. 2-4 event is the first of six slated for cities across the country next year. The marketing effort is primarily aimed at a young (18-to-24), hard-core male gamer demographic, but we expect our target audience to show up with several friends and girlfriends in tow, Ms. Reider said. Over time, GAME will be an attractive entertainment destination for women and older gamers as well. Giant gaming software company Electronic Arts will be a sponsor. Additional sponsors are currently in negotiations. Besides game publishers, GameSpot is targeting non-gaming marketers for a chance to get in front of these hard-to-reach young adults. Atlantic Records is securing acts for the event. Bands that are in negotiations are The Donnas, Louis XIV, Handsome Boy Modeling School and Hot Action Cop. Atlantic is also providing audio content for the radio on the music page of GameSpot's site. The marketing budget for the festival is $3.5 million, according to the company, and the event will be promoted through broadcast TV (with KTVU, a San Francisco Fox affiliate) and cable (including MTV, Spike, ESPNE, Sci-Fi and comedy channels), and radio, print and outdoor marketing aimed at the Bay Area. E-mail promotions will blast to GameSpot registered members and Clear Channel ticket buyers on a biweekly basis. Skyrocketing costs - The primary force driving such mushrooming event-marketing strategies is the skyrocketing cost of producing digital games. As games become ever more sophisticated and take on many of the elements and techniques of moviemaking, they have likewise become increasingly expensive to create. Analysts say the cost for creating major games is from $10 million to $20 million -- and rising fast. At the same time game companies have become hot investments whose stockholders have high expectations. For both reasons, game makers must find ways to expand and deepen their audience of paying customers. Mike Vorhaus, managing director of market research company Frank Magid & Associates, said that the "market demands that these be growth companies. They need to grow revenue to live up to Wall Street’s expectations. GAME's Ms. Reider expects between 25,000 to 45,000 people to show up for the December weekend happening. The tactic will enable gaming consumers to sample all the various game platforms and programs they've always wanted to try. Games will be organized by genre, not by company. There will be military, urban, sci-fi, fantasy, sports, racing and fighting. It will be very themed-oriented with a high production value, Ms. Reider said. There will also be game-play zones for PC-based games and portable games that are played on mobile and handheld devices. Attendees pay $20 for a day or $35 for the weekend. GameTap Download Festival - In a second similar event in San Francisco on Oct. 8, Turner Broadcasting’s new GameTap, a broadband video game application and library launching that month, will be the presenting sponsor of the Download Festival, a Clear Channel Entertainment event imported from the U.K. for the first time. The Download Festival gets its name from the library of digital music content -- tracks and videos from the concert's lineup -- available to attendees for download. Napster is the festival's official digital music service and will power the Download Vault, housed on the official festival Web site. Consumers will pay $30 to $50 at Silicon Valley’s Shoreline Amphitheatre to listen to bands The Killers and Modest Mouse -- and sample GameTap’s downloadable application and library of video games, ranging from Pong to Tony Hawk’s Pro Skater 2. GameTap is using the Download Festival to broaden its demographic. GameTap’s library, created as a post-retail destination for classic and contemporary video games, boasts a sweeping range of titles, and wants to tap into a much larger audience than is attracted to Xbox or PlayStation 2. Its marketing efforts have segmented the target audience into thrills, chills and tag-a-longs. Massachusetts advertising agency Mullen, part of Interpublic Group of Cos., is handling the creative for the campaign. We’ve divided the market attitudinally, said Dennis Quinn, who, as executive vice president of new-business development at Turner, is heading the initiative. The active-casual gamer is a person who loves video games and has played them in the past but whose life has gotten much busier and it’s harder to fit them in. GameTap is great for them. Mainstream gamers- Thrills skew male and about 45% are married. They play for the competition and camaraderie and, when the children go to bed, stay up and practice. Mr. Quinn describes Chills as a Thrill’s antithesis -- 80% are women, who might come home, grab the bills out of the mailbox and relax with a glass of wine and a video game. Tag-a-Longs, meanwhile, are split between genders, are predominantly married and are likely to spend time with games because of the children -- they think of gaming as the modern-day version of throwing around a football, Mr. Quinn said. GameTap charges a $14.95 monthly subscription to access its library. While focus group tests showed the concept was well-received in theory, intent to purchase tripled after sampling. It was an epiphany that we had to develop and associate ourselves with some communication channel where people got a chance to put their hands on it and play with it, Mr. Quinn said. The digital-music-themed Download Festival, he said, was the perfect fit for a broadband-reliant business.
INTERNET - Software makes this Net piracy big - by Lindsey Nair, The Roanoke Times, Monday, August 08, 2005 -- More than 200 search warrants were executed across the world. About 120 leading members of Internet piracy groups were identified. Arrests were made in 11 countries. Of the many strands of investigative web that descended on the globe within the past few months as part of an international crackdown on Internet piracy, one fell right across Roanoke and ensnared a 24-year-old man. In an age when just about everyone knows someone who has scored a free tune or movie off the Net, what makes Jerry M. Melvin Jr., a longtime Roanoke resident with no criminal record, a top target of the federal government? Some would say it has much to do with the product in which Melvin allegedly specialized -- software. "This is not like trading music, which some huge percentage of the public is already engaged in. This is something that is a much narrower subculture," said Mike Godwin, legal director for Public Knowledge, a Washington, D.C.-based lobbying group that focuses on digital rights. Melvin and seven others across the country were indicted in Charlotte, N.C., recently as part of an FBI investigation dubbed Operation Fastlink. He is charged with copyright infringement and conspiracy, two federal crimes that carry up to 10 years in prison. When contacted at his Northwest Roanoke home this week, Melvin declined to comment on the charges. According to the indictment, Melvin was caught uploading 17 files to a server located in the Western District of North Carolina, including the copyright-protected video games "Summer Heat Beach Volleyball," "Dynasty Warriors 3 Xtreme Legend" and "Grand Theft Auto Double Pack." In order to do that, a person can't simply obtain a copy of the video games and upload them to the Internet. He would first have to crack the copyright protection system on the games, a skill that most casual computer users do not have. A lot of software, from $20 games to $600 graphic packages, require some kind of registration -- a serial number, for example. Warez groups find ways to bypass this and release "cracked" versions of the software that don't need a serial number or other authentication. Prosecutors say people with the skills to do that have organized themselves into national or international groups with names like "Myth" and "Paranoid." These groups, which compete to make copyrighted material available for downloading, make up what is commonly called the "warez scene." It's unclear how many of these groups exist. Justice Department officials say "release" groups in the warez scene distribute pirated material, like movies, music or software, to secure, top-level servers throughout the world. Then, the material is distributed globally through file-sharing networks on the Internet. The federal indictment charges that Melvin not only cracked the copyright protection systems, but remotely operated warez sites located inside and outside the United States. In addition, it claims, he used "virtual hosts," or dummy computers, to route his communications, and went by the online alias "Vladamir." A July 28 news release from the Department of Justice states that Operation Fastlink and a similar investigation, Operation Site Down, resulted in the removal of more than $100 million in illegally copied material. The law's position is that piracy prevents the legitimate purchase of materials, thus pilfering the coffers of software and entertainment companies. But a recent chat on theisonews.com, a catalog site for pirated material, provides a different point of view: "My guess is that less than 20% of the ones downloading copyrighted material would have bought it instead if they didn't have an Internet connection," wrote someone with the user name GeWee, "so saying that warez is stolen property and that every downloaded CD equals a lost sale is ... nonsense." Keith Kupferschmid, vice president of intellectual property policy and enforcement for the Software & Information Industry Association, disagrees. "In the software area, you need the software to do the particular job for you," he said. "I could tell you that for the software companies, that comment is one hundred percent false." For example, he said, a person who illegally downloads Turbo Tax must need it and would likely pay money for it if that were the only option. And unlike music, which is worth about 99 cents per song, or movies, which cost about $7 at the theater and $20 in a store, software can cost hundreds of dollars. But Godwin questions whether the trading of software or music, which has happened in various forms for decades, is really doing significant harm to media companies. Or whether the punishment really fits the crime. "I think it is clearly against the law," he said, "but there are major offenses and minor offenses and I don't think the law is particularly well-calibrated to distinguish between the two." Two things are clear: Software trading, while conducted as a game by many, is viewed as more than a hobby by law enforcement; and as investigators' computer skills increase, so will the number of busts. Said Charlotte FBI Agent Robert Clifford: "This investigation illustrates the FBI's ability to conduct sophisticated and complex technical investigations, where those committing the cyber crimes can be identified and located anywhere in the world." Including Roanoke.
INTERNET - INNOVATION: THE FUTURE OF ADVERTISING: The Internet is finally reaching its potential as a selling machine. And advertising will never be the same.by Daniel Gross, Fortune Magazine 26july05 -- From the moment consumer-products companies started placing ads in mid-19th-century newspapers, mass-media advertising has been about making connections. But while the modern world knits itself ever more closely together, advertising is becoming increasingly disconnected—from its historical base, its business models, and its audiences. Thanks to the Internet, advertising is going through its first true paradigm shift since the advent of television half a century ago. As a result, your average executive in the ad or media business is feeling as lonely and unstable as a 30-foot sailboat with a broken keel foundering in the swells of a Category 2 hurricane. Pass the Dramamine. Spending commitments for network TV’s fall schedule fell slightly during the recently concluded upfront sales period—for the second year in a row. Sales of magazine ad pages are roughly the same as they were in 1998, even though the economy is some 30% bigger. And so poor is the state of newspaper advertising that the Wall Street Journal—long a reliable profit maker—lost money on an operating basis in the first quarter. But the Internet is expected to attract close to $8 billion from national advertisers this year, still fairly modest but up 15% from 2004. So "offline" media companies are redoubling their online efforts, and Madison Avenue is scrambling to cope. "The traditional creative agencies have absolutely lost their way and their relevance," says Joseph Jaffe, former director of interactive media at TBWA/Chiat/Day and author of Life After the 30-Second Spot. Add it all up, and you have the ingredients for a supersized angst-burger. is advertising dead? wondered the cover of Media magazine in March, self-consciously echoing Time’s 1966 cover is god dead? Well, it’s not dead yet—the urge to advertise remains an enormous economic force—but it is morphing into forms that patriarchs like David Ogilvy and Leo Burnett would scarcely recognize. Advertisers are spending more than ever. Universal McCann forecaster Robert Coen projects that U.S. advertisers will spend $279 billion this year, up 5.7% from 2004. But much of the growth is occurring far from Madison Avenue. You’ll find it in California, on decidedly unchic Amphitheatre Parkway in Mountain View, headquarters of Google, where it speaks the dorky language of search algorithms and text-based ads embedded in e-mail. You’ll find it at Yahoo in nearby Sunnyvale, where it has begun to speak the silky patois of brand image and high-concept multimedia campaigns. And you’ll find it sooner or later at telecoms like SBC, which are pioneering a form of Internet television that just might save the TV spot. Give it ten years, say the tech gurus, and everything you watch will be high-definition, interactive, and brought to you via the Internet—you’ll love it! But today’s big ad agencies might not. As descendants of the firms that invented modern advertising, they face the buggy-whip-manufacturer problem: the fact that full-on paradigm shifts are rarely kind to incumbents. In this special report, FORTUNE checks out all those trends to help you make a connection to advertising’s bright future. Shades not included.
INTERNET - Teachers battle Internet producers over proposed changes to copyright law - Friday, April 15, 2005 Canadian Press by Terry Pedwell - OTTAWA (CP) - A battle has erupted between educators and publishers of Internet materials over proposed changes to Canada's copyright law. Teachers are worried they could face lawsuits for distributing material downloaded from the Internet to their students. But rights holders say legislating open access to the Internet would mean they won't get paid for their work. "There's a lot of stuff that's happening now, which quite frankly is illegal," says Harvey Weiner of the Canadian Teachers' Federation. "Teachers, school boards, any educational institution potentially could be open for lawsuits," said Weiner, who would like to see Ottawa legislate free access to public materials in cyberspace. "What we're asking for is clarity." Susie Berg produces and edits educational materials. Most of her work is published in the paper world, outside of the Internet, and is protected by copyright. Through a collective agency established in 1988, Berg and others like her are paid, through a user-pay system, whenever teachers copy their material. The agency, known as Access Copyright, collects fees from school boards, colleges and universities, under a "blanket licence," so educators can copy and distribute written materials to students. Fees range from $2.31 per student per year at the primary grade level, to $3.30 annually for each student enrolled at a university. "It's the fairest way for the creator to get compensated for his or her work," says Berg. "If the Internet is another venue for publishing, then as creators, we should have the right to use that venue and to earn a living from our work." Late last month, the federal government issued a statement outlining its proposals for copyright reform, in advance of an amending bill expected in June. The government promised public consultations on the use of materials from the Internet, because the proposed legislation doesn't address the issue. Provincial education ministers, outside Quebec, are pushing for the law change, arguing that there should be free access to anything deemed publicly available and free of charge on the Internet. "If you put something on the web because you want people to use it free of charge, this is what we want the right to do," said Nova Scotia Education Minister Jamie Muir, who heads a copyright consortium on the Council of Ministers of Education, of which Quebec is not a member. "The current legislation, technically, does not permit that." A coalition of rights holder organizations, though, wants protections built in so producers are paid for any materials they publish on the Internet. "If I put some of my work on a website, to promote myself, that doesn't mean that my work is there for the taking, said Berg. "That means that I'm using that as a platform to promote myself, and that I expect to be paid for the use of my work." Teachers aren't looking for a free ride, countered Weiner. "The distinction that we're making is for materials that are publicly available on the Internet," he said. He says they don't want free access to material that is sold on the Internet, but only to that which is publicly available and free. © The Canadian Press 2005
INTERNET & MUSIC - ISPs don't have to pay tariffs to musicians, Supreme Court rules - Broadcast News Wednesday, June 30, 2004 OTTAWA -- The Supreme Court of Canada has ruled that Internet service providers do not have to pay tariffs to music artists simply because they provide the technology to get to download sites. At issue was an effort by the Society of Composers, Authors and Music Publishers of Canada to make Internet providers pay a tariff for music downloaded by their customers. The Canadian Association of Internet Providers, including giants like Bell, Sprint, and AOL, said artists should ask for royalties from sites that offer their works, not companies that provide the access. U.S. publishers have sued file-sharing services and individuals. The Canadian attempt was to collect from Internet providers because it was thought easier to go after them than track down websites and customers.Bulletproof video game stars 50 CentHe's been shot nine times and sold millions of records. A feature film is under way, and now rapper 50 Cent has added a video game to his portfolio. Vivendi Universal unveiled 50 Cent: Bulletproof at this week's E3 video game show. Developed by California-based Genuine Games, Bulletproof is a third-person shooter that takes 50 Cent on a bloody path though New York's drug underworld. As one might expect, the game is not for the faint-hearted. As 50 Cent explains succinctly early on in the game, if you're a friend, he's got your back for life. If you're an enemy, the world's not big enough to hide. Either way, expect bullets to fly, blood to spill and enough potty-mouthed dialogue to last a lifetime. Executive producer Andre Emerson calls Bulletproof "the ultimate fusion of entertainment mediums," bringing together music, video, gaming and storytelling. There is past and present 50 Cent music, including three new songs and 10 new freestyle raps. The game also features videos by 50 Cent and his crew: fellow rappers G-Unit (Lloyd Banks, Young Buck and Tony Yayo). The G-Unit boys are in the game, as are Eminem and Dr. Dre. Eminem plays a shady detective while Dre is an arms dealer. But the game revolves around 50 Cent, who spent plenty of time on the project, according to Emerson. "Lots. From the beginning he was involved with the look. He approves visuals, he's involved with the audio, of course. Very involved in the story, involved in the game mechanics.... It's been a very dynamic relationship. He's not a licensor who says 'Sure, write me a cheque.' He's engaged." He's also keeping tabs. Emerson was just in Toronto showing 50 Cent the latest version of the game. The rapper is in Canada filming his biopic Get Rich or Die Tryin'. The story for Bulletproof is the work of TV writer Terry Winter (The Sopranos), an Emmy Award winner who also wrote the script for 50 Cent's movie. Winter travelled with the rapper on a recent tour in preparation for the screenplay, so he was a natural to work on the video game. Emerson calls the story a "classic crime drama." The rapper plays a fictional version of himself -- as a street hustler. Essentially, the plot revolves around the question: what if 50 Cent hadn't turned to rap? Thanks to his research for the movie, Winter knew 50 Cent's life inside out. So while the game is mostly fiction, there are elements from the rapper's life -- "but obviously without anything incriminating," Emerson added with a grin. Getting shot nine times, which did happen in 2000, kicks off the game's story line. The plot soon turns from simple revenge to tangling with crime families, bikers and gangbangers. "Very much in kind of a film noir style, it keeps getting deeper and deeper and the stakes keep raising." Emerson has bona fide gaming credits. He used to work for Namco and took several members of his team from the Dead to Rights title to Genuine Games. The Bulletproof game screen is clean, devoid of almost all icons. The environment is destructible, allowing the gamer to move and hide behind items like Dumpsters while under fire. Emerson calls 50 Cent an "old-school gamer" who likes classics like Tetris and Space Invaders. His son is a hardcore gamer, however, as are the G-Unit members. 50 Cent and G-Unit each contribute their likeness and voice in the game. There is more than an hour of cinematics, according to Emerson -- near naked booty swaying behind him by way of example on the TV screen showing the game. Players can customize the soundtrack, buying new songs in novel ways. Take down an enemy and you can loot his or her body, stealing things like credit cards and jewelry that can be pawned. The proceeds from such crime can also be used to buy health upgrades and other attributes. You can unlock videos and -- at 50 Cent's apartment -- pair beats with freestyle raps to create your own tracks. Expect plenty of 50 Cent this holiday season as the movie, its soundtrack and the game (PS2, Xbox and PSP) all come out. Neil Davidson, Los Angeles. © The Canadian Press 2005 Friday, May 20.
FASHION & COPYRIGHT - Quick Copyright for Photographers - With so many of us sending pictures through email, sharing photographs through webpages and other online outlets, and the availability of accessing and saving these images digitally, a wise photographer looks into the ways of helping to prevent the theft of their property. Here are three suggestions that should interest you, even if you aren't sharing your work online. 1) Picture BlemishThis is an effective method used by many who share their images online (as well as web designers who offer original graphics). By altering a large chunk of the picture and rendering it unusable by others, you are helping to keep potential thieves from using your work to create their own, or ripping it off completely. You simply "watermark" the image with a graphic you've made with your information, stamping the photograph while still allowing the picture to be seen. This method is only a deterrent, however -- especially if you are only using the watermark to stamp a small area of the picture. I wrote an article describing my tutorial for creating your own unique watermark, and how to use it.2) Digital WatermarkingDigimarc makes a wonderful product that has been on the market for several years. It's geared more towards professionals who need to watermark many images, and works by invisibly adding your copyright info to the picture. The info is read when run through the Digimarc filter in digital imaging software (Photoshop, for example). This is a great way to invisibly add your copyright info, but the drawback is that the person stealing your work has to install the software and run it through the filter to find out it's been stolen. I'll be writing a more involved tutorial on the latest Digimarc software in the near future.3) Registering Copyright - It is generally agreed that once you have created something from scratch such as a novel or painting, you automatically own the copyright to that work. Copyright covers you even on the Internet, where you may choose to share your photographs or other images. Registering for a copyright is the only sure way to protect any legal claim you may need to make, and there is no replacement for it. There are many different ins and outs to copyright, however, and so the best way to protect yourself from copyright theft is filing for registration. For the latest and best advice on your legal rights, contact your lawyer. If you're putting your images on a web site, add a copyright statement right on every page. You may wish to make note that none of your images or work can be used without your explicit permission. It's difficult to prevent this sort of theft, though -- even if you are vigilant about it -- so if you aren't up for this sort of thing you should probably keep your photographs and negatives in a vault somewhere, and offline. People can be sneaky about stealing your images online, too, by committing an act known as "bandwidth theft", in which the thief merely links to your photos from your website so that your works shows up on THEIR website! So protect yourself, and your work, the best way you can using the options available to you. Find info on copyright, royalty-free offering of your pictures, and more in my articles: Getting Feedback On Your Photographs· Easy Ways to Share Your Photos· Why You Need A Model Contract· Watermark Your Photographs Content copyright © 2001-2005 by Michelle Dompierre Southern.
MERCHANDISING - Pam Anderson being sued in California - Sunday, August 07, 2005 Associated Press LOS ANGELES - Former "Baywatch" star Pamela Anderson is being sued for breach of contract for allegedly not making herself available for promotional events. United Licensing Group Inc., which is arranging for the manufacture of the star's perfume, clothing and other merchandise, claims Anderson has not been sufficiently available at signings, shoots and trade shows, according to a Superior Court lawsuit filed Thursday. United Licensing claims it has a five-year contract but that Anderson repeatedly decided against licensing proposals. The company also claims it was excluded in Anderson's agreement to have her image on slot machines at Bally's casino and hotel in Las Vegas. A phone call to an Anderson representative was not immediately returned. She is currently starring in the FOX comedy "Stacked."
ART - Gallery forced to remove paintings of Dynamic Duo unmasked as gay icons: DC Comics issues ‘cease and desist’ notice to New York art dealer over homoerotic superhero watercolours - NY Herald, 21 August 2005 by Jennifer Johnston -- Artistic impressions of Batman, the ultimate macho caped crusader, have been stripped from the walls of a New York gallery after DC Comics objected to their superhero being depicted as homosexual. Artist Mark Chamberlain has staged his collection at the swanky Kathleen Cullen Fine Art gallery in the original Gotham City since February, and the watercolour portraits of Batman embracing his partner-in-crime-fighting Robin were proving very successful. However, with a crushing blow to the expression of gay love (or maybe just close male friendship) between a superhero and his sidekick, DC Comics, which owns the copyright to the characters, ordered the gallery owner to “cease and desist” with the exhibition. “DC Comics wants me to hand over all unsold work and invoices for the sold work,” gallery owner Kathleen Cullen told an art website. “I’ve spent the last two weeks of my life consulting lawyers.” A website that had reproduced some of the images has also received orders to stop doing so. Chamberlain’s pictures include some touching scenes of Batman and Robin sharing a tender kiss, Batman artfully stretching his muscles, Batman and Robin embracing in bed and batman in the nude – but wearing his mask and cape. Neither DC Comics nor artist Chamberlain could be reached for comment. Peter Howson, the celebrated Scottish artist whose paintings on religion have sparked controversy, said he believed that art should not be censored. He said: “They [DC Comics] are wrong to do this. Art does not have to conform. “It is there to be controversial, to provoke questions and can tackle any subject. The question should not be about the subject but whether it is good or bad art.” The Batman character was created in 1939 by Bill Finger and Bob Kane, who cast the tale of billionaire Bruce Wayne embarking on a quest for justice for his murdered parents. Along the way vixen Vicky Vale joins Wayne romantically, but his true partner in crime is Robin, the earnest and enthusiastic sidekick who joins the rough and tumble of life in the darkest city in the world. As a gay icon, though, Batman has been written about at length, with fans and analysts poring over dialogue and action scenes to look for signs of his “true” sexuality. With the success of numerous movies, merchandise, a revival in comic book culture and this year’s successful film release of Batman Returns, the superhero’s stock has never been higher, hence perhaps why DC Comics are so eager to protect their valuable asset from possible depiction as homosexual. Artistic rows over copyright in art are far from new – Jamie Silverberg, director of litigation at specialist legal art copyright firm The Intellectual Property Group in New York, told the Sunday Herald: “Owning copyright is like owning a house or a car – it is property. Nobody can come in and take it away.”
ART & COPYRIGHT - Indelible image: American Gothic, From Depression-era portrait to pop-culture icon (copyright status) - by Leann Davis Alspaugh Aug. 19, 2005, Houston Chronicle -- The DVD of the television series The Simple Life, in which two heiresses spend time on a farm with predictable results, features on its cover Nicole Richie in unhitched overalls, gripping a pitchfork. Next to her stands Paris Hilton in bustier and miniskirt, holding her Chihuahua. Surely this is as far as you could get from anything Grant Wood intended when he painted American Gothic, his 1930 portrait of two dour Iowans. But is it, wonders Steven Biel, a Harvard professor and cultural historian. In American Gothic : A Life of America's Most Famous Painting Biel explores both the artist's motivations and the painting's enduring history as symbol and satiric vehicle. "All the really good ideas I'd ever had came to me while I was milking a cow. So I went back to Iowa." So said Wood (1891-1942) in explaining why he left bohemian Paris in the 1920s to pursue a career back home. Wood was relatively unknown when he entered American Gothic in the annual juried exhibition of American art at the Art Institute of Chicago. The painting won a medal and a cash prize and entered the museum's permanent collection. Reaction from critics and the public was mixed. One juror called it a "comic valentine." Depression-era farmers and small-town boosters thought it embodied the American qualities of tenacity and fortitude. Suburban matrons were outraged that Wood chose to portray "sour-faced primitives" rather than modern society in all its sophistication. In the book's diffuse first half Biel assembles the facts of Wood's career and the painting's public reception. Wood was a self-proclaimed regionalist, a painter who rejected abstraction and the lure of modern life to champion agrarian values and a romantic rural past. His stylized landscapes and quasi-surreal portraits join Thomas Hart Benton's sinuous scenes of American life and John Steuart Curry's dramatic views of Mother Nature as the core works of the regionalist school. The movement reached its peak in the 1930s. Wood's inspiration for the painting began with a house in Eldon, Iowa, a modest white cottage with a gothic window that can be seen in the background of the work. He approached the town dentist, Byron McKeeby, and asked him to pose wearing overalls and holding a pitchfork. In a separate session Wood painted his sister Nan, dressed primly, her mother's cameo pinned to a sprigged apron. Whether the two figures are man and wife or father and daughter (Nan preferred the latter interpretation) is the subject of much conjecture. The ambiguity is vintage Grant Wood. American Gothic entered public consciousness quickly. Soon after the artist's death, Life magazine called it "the epitome of middlebrow culture." Biel recalls first seeing it on a cereal box in the 1960s. Television introduced the painting to millions — remember Green Acres with Eddie Albert and his pitchfork next to Eva Gabor in her diamonds? Newspaper cartoonists have found the image particularly rich. One of Biel's most interesting digressions concerns the painting's copyright status. Nan Wood Graham founded the Visual Artists and Galleries Association (VAGA) to protect her brother's interests, in particular the public uses of American Gothic, which VAGA monitors along with the Art Institute of Chicago. The extensive reproduction of the painting and its many parodies make this issue elusive and difficult to define in legal terms. Trying to understand Wood's original intentions seems like child's play compared to unraveling the effects of mass reproduction on a work of art. Biel's book raises provocative questions about mass-reproduced images: their relevance to the art world and to the public, their perceived authenticity and their legal ramifications. Many fine shadings of meaning enter into this notion of representation, especially in the case of a painting such as American Gothic. In the spirit of Walter Benjamin, who in an influential 1936 essay pondered the fate of art in the age of mechanical reproduction, Biel asks how we are to consider an image that seems more recognizable as parody than in the original. The Simple Life parodies a simple image, but there are no simple answers.
THEATER - Cirque du Soleil settles lawsuit - Canoe 30 july 2005, LAS VEGAS (AP) - A lawsuit filed against Cirque du Soleil by an electrician severely injured when hit by a falling alligator-head stage prop was settled Friday, moments before a jury was set to announce its verdict. The confidential settlement will give Mark Brown, 52, of Las Vegas, financial security and avoid a lengthy appeals process, said his lawyer Jim Crockett. "It will cover his medical bills. It will provide (Brown and his wife) with the security they didn't have before," Crockett said. Brown was paralyzed from the waist down and lost about 25 per cent of his skull in the Jan. 30, 2002, accident backstage at the Bellagio hotel-casino. He was installing circuitry and wiring in the "O" theatre between shows when the 450-kilogram prop fell about 15 metres onto him. Brown's lawsuit accused the Canadian acrobatic troupe of negligent design regarding the rigging used to suspend the prop. Lawyers for Cirque blamed the Bellagio for the accident, saying the prop was hung from the ceiling with the wrong type of cable, causing the rigging to unscrew. The Bellagio was not named in Brown's lawsuit. Jurors began deliberating late Thursday and told the court they had reached a verdict Friday afternoon. The settlement was reached in the courthouse hallway moments before the verdict was going to be read. Afterward, Brown hugged members of the jury and described the settlement as a "tremendous relief, a weight off my shoulders." He is facing a number of econstructive surgeries. "It's going to obviously end the court process and let us get on with our lives," Brown said.
SPORTS & TV & COPYRIGHT - NFL GAME BLACKEDOUT ON TV - Sports Features August 22, 2005 -- Thursday’s game between the Jaguars and Falcons will not be televised in the Jacksonville area, according to NFL guidelines. The game would have had to be sold out at 8:00 p.m. today to avoid the blackout. Fans will be able to listen to the game live on radio. Secondary markets are included in the TV blackout area, therefore television stations in Gainesville, Daytona Beach, Orlando and Savannah, Ga. will not be allowed to air the game. The blackout radius is signal penetration within 75 miles of the home city. In addition, individuals as well as sports bars and other business establishments who are located within the blackout area are not allowed to show the game via satellite or any other means. The signals for network games are scrambled anyway, but any establishment showing a blacked out game in the blackout area will be in violation of the Unites States Copyright and Communications Act and will be liable for significant damages. Television stations are not allowed to show any highlights of a game while that game is in progress, even in normal news programming. Once the game ends, the usual six-minute limit of “same day” footage applies.
THEATER - Copyright holder blocks black Huck Finn May 22, 2005 GLENELG, Md. -- A black Huck Finn and a white Jim might be OK for a high school production of Mark Twain's classic tale - but those performances had to be edited out of a C-Span talent show after the copyright holder objected to the cross-casting. Jay Frisby, a black student who played Huck, and Nick Lehan, a white student who played Jim, taped their performance of the song Muddy Water for Close Up, a weekly show that highlights high school excellence. When the program aired Friday, the two Glenelg Country School seniors were introduced, but viewers were told that Close Up could not show their performance because of "copyright restrictions." Lehan and Frisby had played the roles of Jim and Huck in the school's production of The Adventures of Huckleberry Finn without complaint. But when the show's executive producer asked for the right to air the students' performance, permission was denied. Bert Fink, a spokesman for R&H Theatricals - the Rodgers & Hammerstein organization, which holds the licence to the play - said his organization is not against cross-casting in general. "But when you're dealing with a theatrical work and race or ethnicity is a key factor, many authors or playwrights feel strongly that ethnicity has to be reflected in the actors who portray the characters," he said. "In the books, Jim is a runaway slave. He is clearly in the novel an African-American man. And Huck is a free white man - that is central to the story. To ignore that component or to comment on it by switching is not faithful to the story." Frisby's father, Washington lawyer Russell Frisby, said he was appalled by the decision. "The only rationale for it is that someone in New York believes Huck Finn can't be played by an African-American. I thought we were past the days of 'whites only' clauses," the elder Frisby said.
FILM, INTERNET & COPYRIGHT - Movie studios attack Internet pirates by Alex Veiga Canadian Press, November 05, 2004 LOS ANGELES -- Hollywood studios say they will file hundreds of lawsuits later this month against individuals who swap pirated copies of movies over the Internet. The move is a reversal of the studios' earlier reluctance to follow the aggressive legal path taken by the music industry. Internet piracy of movies is not nearly as rampant as in the music industry, largely because huge movie files can take hours to download, in contrast to less than a minute for most songs. But Dan Glickman, the new head of the Motion Picture Association of America, said the lawsuits were necessary now, before high-speed Internet access makes downloading pirated copies of movies easier. "This was not an easy decision, but it must be done now before illegal online file sharing of movies spins out of control," Glickman said Thursday. The legal action also clears the way for movie downloading businesses that are supported by the studios. The MPAA claims the U.S. movie industry loses more than $3 billion US annually in potential revenue because of physical piracy, or bogus copies of videos and DVDs of its films. Videotaped copies of films in theatres often are digitized or burned on DVDs and then distributed on file-sharing networks accessed with software programs like eDonkey, Kazaa and Grokster. Glickman did not say how many lawsuits would be filed, although sources who spoke on condition of anonymity said several hundred individuals would be named in the first round. Glickman said the legal campaign would be ongoing. The lawsuits would seek civil penalties of as much as $30,000 per download and as much as $150,000 if the infringement is proven to be wilful. Some critics of the music industry's legal efforts question whether they are effective. They also question the negative backlash that comes from suing people who may have downloaded one or two songs. "The recording industry lawsuits don't appear to have reduced file sharing to any meaningful degree," said Fred von Lohmann, a senior intellectual property attorney with the Electronic Frontier Foundation. The lawsuits will be accompanied by an ad campaign featuring a photo of a finger on a computer mouse and the obscured screen names of people the MPAA says are breaking the law. "Is this you?" the ad reads. "If you think you can get away with illegally trafficking in movies, think again." The MPAA, which represents the seven major film studios, has tried several methods over the past few years to stem illegal downloading, including ads that play in theatres emphasizing how piracy hurts set painters, directors, electricians and others who earn their living in the movie industry. The MPAA has also been aggressively pushing for new laws and stiff penalties against people who sneak camcorders into theatres to make illegal copies of films. The decision was also made in part to protect several nascent legal movie downloading businesses, the MPAA said. Five studios formed an Internet service called Movielink two years ago. Lions Gate, among other investors, offers Internet streaming and downloading of films through CinemaNow. And The Walt Disney Co. is testing a service called MovieBeam that delivers films over existing broadcast television spectrum. But the Web-based services have yet to catch on because they only deliver movies to computers, while most people prefer to watch films on their television sets. Legitimate services also only offer movies long after they have left theatres and even after the time they are available in video rental stores, while online music services such as Apple's iTunes offer many songs the day an album hits stores. Backers of legal alternatives to online movie piracy say legal action is necessary now for their services to thrive and to begin offering more options, including the ability to burn DVDs and watch movies earlier. "There is no question that as movies come on to peer-to-peer sites, our business is harmed," said Jim Ramo, chief executive of Movielink. Ramo said more aggressive advertising of his and similar services isn't appropriate now, when only 30 per cent of homes have broadband Internet access and most of those connections are to computers. "Pirates are getting movies on PCs and seem to be willing to watch them on PCs," he said. "We are well known within the community that is interested in downloading movies on PCs. It's just that's not as big a market as the cable television market."
FILM & COPYRIGHT - Piracy police coming to theatre near you by BILL BROWNSTEIN Gazette, April 01, 2004 -- Getting frisked, wanded and even subjected to surveillance by an anonymous pair of eyes peering through night-vision goggles is something we might expect at airports. Not the movie theatre. On one level, it could all fulfill a gangsta fantasy. On another, it could be perceived as a big pain in the butt - and chest and legs. Many of you who have recently attended movie premieres of Hollywood releases at city multiplexes have been subjected to having yourselves, your wee tykes and your possessions thoroughly checked upon entering the theatre. They haven't been looking for illicit supplies of popcorn imported from home - although that could soon come. No, they've been looking for concealed video cameras and even certain kinds of cellular phones that can transmit live images and sound. It's the latest in the war against movie piracy. Welcome to the new brave new world, where advances in digital technology have prompted multiplexes to respond to piracy with high-tech security to keep you from copying Spider Man 2 on to your very own DVD. New Age buccaneers have now become adept at copying the latest screen hits on cleverly hidden camcorders from the comfort of their movie seats. After a little touch-up on the computer, they can then pass this pirated version to sites on the Internet. As a result, security guards are searching alleged grownups like yours truly for camcorders and complex cell phones, as they did at last week's advance screening of The Ladykillers at the Paramount. (This, in spite of the fact most alleged grown-ups wouldn't have the foggiest notion of how to pull off such an operation and would sooner pay the $10 admission charge than watch some herky-jerky pirated copy.) They'll also search little kids and their lunchboxes - as took place at an advance screening of Home on the Range last Saturday morning at the Paramount. In the case of a premiere, the responsibility for this extra security belongs to the specific Hollywood distributor of the film (Warner Brothers, Universal et al). However, once the film begins its run at the multiplex, it's the responsibility of the Canadian Motion Pictures Distributors Association - representing all seven major Hollywood studios. Pirating generally occurs at advance screenings or during the first days of a movie's run. Last summer, for example, there was a pirated version of The Hulk on the street three weeks before the film's official opening. Doug Frith, president of the Canadian Motion Pictures Distributors Association, also fears this country's myriad film festivals could be the next breeding ground for pirates. "Often, films shown at festivals aren't released commercially until months later," Frith said. "This gives the pirates ample opportunity. "Twenty years ago, our focus was on illegal video duplication. Now that's not even on the radar. The shift is to the Internet and satellite-signal theft in North America. But the big worry is the new digital technology, in which the 1,000th copy of a film looks as good as the first one." So like its U.S. counterpart, the Canadian association has declared war on piracy and the untold millions that it's costing. Frisking patrons at premieres is but the tip of the security iceberg. With pirates becoming ever more brazen, distributors are now employing security guards sporting night-vision goggles. They're concealed behind movie screens and scanning theatre audiences for illegal recording devices. Jim Sweeney, who is with the anti-piracy division of the Canadian Motion Pictures Distributors Association, is understandably circumspect in discussing which theatres are utilizing the night-vision-goggles approach - in order not to tip off the guilty. Word is, though, they are in use at theatres throughout North America, including Montreal. Another method to be employed in this country is a light sensor that can detect recording devices in the dark. Also in the works here is a toll-free hotline for theatre employees to report pirates to authorities. Oh yes, and as to the effectiveness of frisking, representatives from Famous Players and AMC insist they have nabbed would-be pirates coming into their theatres with camcorders or caught them in the act of copying. "Make no mistake, we have and we will prosecute to the fullest all those who are caught," said Nuria Bronfman, vice-president (corporate affairs) for Famous Players. "It's theft." And it should almost go without saying that additional security costs could ultimately add to the price of movie tickets.
FILM & COPYRIGHT - Piracy police coming to theatre near you by BILL BROWNSTEIN Gazette, April 01, 2004 -- Getting frisked, wanded and even subjected to surveillance by an anonymous pair of eyes peering through night-vision goggles is something we might expect at airports. Not the movie theatre. On one level, it could all fulfill a gangsta fantasy. On another, it could be perceived as a big pain in the butt - and chest and legs. Many of you who have recently attended movie premieres of Hollywood releases at city multiplexes have been subjected to having yourselves, your wee tykes and your possessions thoroughly checked upon entering the theatre. They haven't been looking for illicit supplies of popcorn imported from home - although that could soon come. No, they've been looking for concealed video cameras and even certain kinds of cellular phones that can transmit live images and sound. It's the latest in the war against movie piracy. Welcome to the new brave new world, where advances in digital technology have prompted multiplexes to respond to piracy with high-tech security to keep you from copying Spider Man 2 on to your very own DVD. New Age buccaneers have now become adept at copying the latest screen hits on cleverly hidden camcorders from the comfort of their movie seats. After a little touch-up on the computer, they can then pass this pirated version to sites on the Internet. As a result, security guards are searching alleged grownups like yours truly for camcorders and complex cell phones, as they did at last week's advance screening of The Ladykillers at the Paramount. (This, in spite of the fact most alleged grown-ups wouldn't have the foggiest notion of how to pull off such an operation and would sooner pay the $10 admission charge than watch some herky-jerky pirated copy.) They'll also search little kids and their lunchboxes - as took place at an advance screening of Home on the Range last Saturday morning at the Paramount. In the case of a premiere, the responsibility for this extra security belongs to the specific Hollywood distributor of the film (Warner Brothers, Universal et al). However, once the film begins its run at the multiplex, it's the responsibility of the Canadian Motion Pictures Distributors Association - representing all seven major Hollywood studios. Pirating generally occurs at advance screenings or during the first days of a movie's run. Last summer, for example, there was a pirated version of The Hulk on the street three weeks before the film's official opening. Doug Frith, president of the Canadian Motion Pictures Distributors Association, also fears this country's myriad film festivals could be the next breeding ground for pirates. "Often, films shown at festivals aren't released commercially until months later," Frith said. "This gives the pirates ample opportunity. "Twenty years ago, our focus was on illegal video duplication. Now that's not even on the radar. The shift is to the Internet and satellite-signal theft in North America. But the big worry is the new digital technology, in which the 1,000th copy of a film looks as good as the first one." So like its U.S. counterpart, the Canadian association has declared war on piracy and the untold millions that it's costing. Frisking patrons at premieres is but the tip of the security iceberg. With pirates becoming ever more brazen, distributors are now employing security guards sporting night-vision goggles. They're concealed behind movie screens and scanning theatre audiences for illegal recording devices. Jim Sweeney, who is with the anti-piracy division of the Canadian Motion Pictures Distributors Association, is understandably circumspect in discussing which theatres are utilizing the night-vision-goggles approach - in order not to tip off the guilty. Word is, though, they are in use at theatres throughout North America, including Montreal. Another method to be employed in this country is a light sensor that can detect recording devices in the dark. Also in the works here is a toll-free hotline for theatre employees to report pirates to authorities. Oh yes, and as to the effectiveness of frisking, representatives from Famous Players and AMC insist they have nabbed would-be pirates coming into their theatres with camcorders or caught them in the act of copying. "Make no mistake, we have and we will prosecute to the fullest all those who are caught," said Nuria Bronfman, vice-president (corporate affairs) for Famous Players. "It's theft." And it should almost go without saying that additional security costs could ultimately add to the price of movie tickets.
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