HHR New Media, Entertainment and Technology Group

Cablevision can move forward with its plans to move its digital video recording service into the cloud, thanks to the Supreme Court’s refusal to hear the broadcast industry’s appeal of a decision granting summary judgment in favor of Cablevision.

While consumer DVRs have been used for years, Cablevision sought to launch a service for the remote storage of shows recorded by consumers.  Cablevision’s argument in favor of such service was that, as long as consumers were still in control of the recording, playback and deletion process, the location of the hard drive on which the content was stored didn’t matter.  Broadcasters disagreed, however, claiming that by archiving and retransmitting the content, Cablevision was engaging in copyright infringement. Continue Reading »

Tags: Cablevision, cloud, copyright, DVR

ASCAP is suing AT&T for failure to pay public performance royalties for their sale of musical ringtones. According to ASCAP’s opposition to AT&T’s  recently filed motion, ASCAP rebukes AT&T’s claim that a ringtone is no different than a song downloaded from iTunes and therefore does not require the payment of performance royalties. In response, ASCAP argues that when a ringtone plays to signal an incoming call, the public performance right is triggered in two ways—once when the ringtone is digitally transmitted to the phone (via the streaming transmission/delivery) and again when the song is actually played on the consumer’s phone to the public. According to the filing and a statement released by ASCAP, AT&T, and not the consumer, is then directly liable and responsible for the corresponding public performance royalties because the consumers’ phones are on AT&T’s network, and AT&T controls the entire series of steps that allow and trigger the ringtone performance based on incoming calls. Continue Reading »

Tags: copyright infringement, Mobile, Music, performing rights organizations, public performance right, ringtones, royalties

Click here to subscribe to digitalhhr.

• The Performance Rights Act, which was approved by the House Judiciary Committee on May 13th, would levy fees on broadcasters for airing artists’ recordings. An indication of the heat generated by the debate over the PRA emerged this week when the musicFIRST Coalition, however, filed a complaint asking the FCC to investigate whether radio stations have been boycotting artists that support the PRA. The coalition’s filing accuses broadcasters of airing deceptive spots by portraying the proposed royalty as a “tax” and not airing musicFIRST’s own paid ad endorsements. While musicFIRST did not identify any specific station or broadcaster withholding airplay, the coalition alleged that several stations have refused to play an artist’s music based on his or her remarks or affiliation with endorsing the legislation. Spokesman Marty Machowsky said it would only identify specifics if the FCC initiates the proceeding and agrees to keep the information confidential. Continue Reading »
  
  
  

  Tags: copyright, domain names, DRM, Facebook, music law, Performance RIghts Act
  

For years, the adult entertainment industry has been required to maintain records verifying the age of all performers.  However earlier this year, new regulations implementing § 2257 and § 2257(A) of the Child Protection and Obscenity Enforcement Act went into effect which impose similar record keeping requirements on many mainstream media companies.  However, the regulations contain a “safe harbor” to help minimize the effect of the regulations by enabling mainstream media companies to file a certification with the Attorney General’s Office.  The deadline for this important certification is June 16^th, 2009.  Continue Reading »

Tags: certification, Child Protection and Obscenity Enforcement Act, online child safety, safe harbor

Univision, the leading Spanish language television network in the US, licenses a substantial portion of its programming from Televisa, an operator of Spanish language television networks in Mexico and throughout the world.  Now, in a case that highlights the potential conflicts that can arise when television programming is made available online, Univision has filed suit against Televisa in the US District Court in Los Angeles claiming that by distributing its shows on the Web, Televisa is in breach of its agreement with Univision which granted Univision exclusive rights to certain Televisa programming in the US. Continue Reading »

Tags: online video, overspill, Televisa, Television, Univision