Guide Through the Legal Jungle

Recording Industry’s $222,000 Copyright Infringement Verdict against Jamie Thomas

Jamie Thomas is the single mother of two who lost a copyright infringement lawsuit earlier this month to the music industry. The $222,000 damage award represents $9,250 for each of 24 recordings Ms. Thomas allegedly placed on Kazaa, a peer-to-peer file sharing network on which millions of users exchange unauthorized copies of recordings.

Ms. Thomas plans to appeal the judgment based on the argument that merely placing the recordings on Kazaa and making them available for download is insufficient for copyright infringement liability. She will argue that in order to win the lawsuit, the music industry should have been obligated to prove her actions resulted in a distribution of those recordings which would only occur if people actually downloaded the recordings placed on the network. There are legal arguments on both sides and it will be interesting to see how the appeals court rules on the question of whether “making available” is equivalent to “distribution”.

There are other elements of this case that intrigue me.

Kaching!

A Guide Through the Legal Jungle Trivia Question

Successful songwriters generate hundreds of thousands and sometimes millions of dollars by licensing their songs for various uses. Several organizations assist songwriters by issuing licenses to and collecting the corresponding revenue from those who want to use the songwriters’ material. Which one of the following organizations does NOT assist songwriters in collecting song revenue. 

1. ASCAP
2. BMI
3. Harry Fox
4. SOCAN
5. SoundExchange

Evaluating Risk of Using Copyrighted Works Without Permission

There is sometimes legal justification for using someone else'€™s copyrighted or other protected material with­out permission. Nevertheless, there is always some level of risk when you use someone else's material without permission. While the risk may be minimal, it is never zero. Your claim that your use is protected by copyright fair use or by the First Amendment is not a guarantee that your unauthorized use will not trigger legal action from the rights owner.

That'€™s why the decision of whether to use a particular copyrighted work without permission often revolves around a risk assessment. You must decide whether or not you can and want to accept the risk. Here are some of the questions I ask when conducting such a risk assessment:

Introduction

Let me introduce myself. My name is Joy Butler. I’m an attorney practicing in the areas of entertainment, copyright, trademark, and business law.

After hearing all the talk, talk, talk about the benefits and thrills of blogging, I am finally taking the plunge and diving head first into the blogosphere. My blog purpose is to inform and to foster discussion about the entertainment and media businesses. I’ll offer commentary on recent trends and developments, practical tips for those working in media, and even some trivia. I hope you’ll drop by often and occasionally offer feedback and comments.