Weekly Copyright Update

November 20, 2015

New Reality for Streaming Music: Go Big or Go Home

BY BEN POPPER: Yesterday afternoon Pandora announced it was acquiring Rdio, or at least its tech and talent, while the service and CEO were put out to pasture in a bankruptcy. This morning, Spotify made a much smaller, seemingly unrelated announcement, that it would be opening up data about how its audience listens to artists and their managers. But both pieces of news actually point in the same direction, toward a new type of streaming music service that aims to unite radio, on demand, and even live shows into a single offering.

Is the DOJ Assaulting Songwriters Yet Again?

Posted by the TRICHORDIST: When you write a song with another songwriter, do you ask them “Who’s your PRO?”  Never, right?  If the U.S. government has its way, you better start–because the Department of Justice wants to force ASCAP and BMI to license 100% of any song their affiliated songwriters control any part of, like a government-mandated controlled compositions clause.

Do Have the Chutzpah to Take on the Gamble of Fair Use?

EDITOR’S NOTE: Church leaders often ask us about the US Copyright Law’s Fair Use doctrine and how it could impact church activities. Attorney Mark D. Ostrow compares gambling on Fair Use to a popular childhood game he played with his siblings, called Chutzpah (similar to Monopoly) and provides an in-depth review of some of the risks in using Fair Use as a defense. You can also watch our webinar on the “Religious Service Exemption and Fair Use,” which features Brock Shinen, Esq.

BY MARK D. OSTROW: So, you wanna play? C’mon over to my place and I’ll break out the original 1967 edition. In the meantime, try your hand at the titular test, otherwise known as “Everything You’ve Heard about Fair Use is Probably Wrong.” It’s always a gamble as to whether something is or isn’t a fair use and, in my humble opinion, courts have recently shown a lot of chutzpah in making the determination.

About Christian Copyright Solutions: CCS’s quest is to help churches and Christian ministries “do music right.”  CCS is an expert on church music copyrights and our primary focus is providing licensing and clear educational resources to churches, as well as representation, administration and advocacy for copyright owners. Follow us on Twitter, Facebook and Pinterest. The information contained herein is for informational purposes only, and is not legal advice or a substitute for legal counsel.


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