Entries tagged with: copyright
RZA screams "J'Accuse!!!" at Teichiku Ent. (more by Dana [distortion] Yavin)
RZA is taking a bold move of fighting back against a copyright infringement lawsuit, filing a lawsuit of his own against JVC Kenwood Holdings, which includes Teichiku Entertainment:
RZA (born Robert Diggs) is upset that the record label Island Def Jam has withheld more than $50,000 in royalties based on the claims that one of Teichiku's sound recordings was illicitly used on Kanye West's 2010 song, "Dark Fantasy," which RZA produced.Follow that? RZA seeks to "commence declaratory relief actions to squash some of these claims and, perhaps, recover our costs of defending" with the lawsuit, which is one of several in the works.
As a result, RZA is going to court to get a declaration that "Dark Fantasy" is not an infringement... According to the latest lawsuit, RZA was notified that "Dark Fantasy" contained an unauthorized sample from "Gincyo Watadori" performed by Meiko Kaji. The defendant demanded compensation.
What happened next, according to RZA's court papers, was that West's label Island Def Jam refused to pay royalties, claiming "that it is entitled to indemnification from plaintiff against defendant's copyright infringement claim."
So RZA is going to court against the accuser in an attempt to show the sampling allegation has no merit. -[Hollywood Reporter]
Yay! More lawsuits!
Heads up, file-sharers:
The nation's major internet service providers by year's end will institute a so-called six-strikes plan, the "Copyright Alert System" initiative backed by the Obama administration and pushed by Hollywood and the major record labels to disrupt and possibly terminate internet access for online copyright scofflaws.The plan was outlined with the guidance of the Center for Copyright Information which reccommends email notification, a series of "educational alerts" and finally possible reduction in internet speed, though no cancellation in service.
The plan, now four years in the making, includes participation by AT&T, Cablevision Systems, Comcast, Time Warner Cable and Verizon. After four offenses, the historic plan calls for these residential internet providers to initiate so-called "mitigation measures" that might include reducing internet speeds and redirecting a subscriber's service to an "educational" landing page about infringement.
The internet companies may eliminate service altogether for repeat file-sharing offenders, although the plan does not directly call for such drastic action. -[Wired]
Meanwhile, have you downloaded your legal BitTorrent Willis Earl Beale EP yet?
Oh no! PC Magazine reports:
Social network Myspace is back, and it's honing in on Apple's territory.Does Apple's icon confuse you? Do you think MySpace will make a comeback?
As noted by GigaOm, trademark judges last week denied Cupertino's attempt to protect its music app image, saying that users might confuse it with the mark already owned by Myspace.
In a Sept. 18 decision, the Trademark Trial and Appeal Board (TTAB) upheld a previous decision denying Apple its requested trademark (left). The rival orange-and-white square music-note icon was issued in 2008 to music service iLike, which was later acquired by Myspace.
Apple argued that the registered mark is "weak," pointing to eight other organizations that have obtained trademarks with music notes without any consumer confusion.
The TTAB dismissed the argument, saying that the Apple and Myspace marks are more similar to each other than the third-party registrations Cupertino submitted to the court. "Moreover, consumers may not recognize the differences because they do not typically set out to find them," the decision said.
Not saying that Disney even realizes it, or knows who the band Anamanaguchi is, especially Mickey Mouse who is too busy at meetings and filming TV shows to know what's going on with random app commercials the company posts to YouTube, but it's a blatant rip-off nonetheless, as you can hear below...
According to Judas Priest singer Rob Halford, the heavy-metal legends are considering legal action against clothing retailer the GAP over a T-shirt design-which has since been removed from the company's website-that bears an undeniable resemblance to the cover art of the band's classic album, Screaming For Vengeance. Check out the GAP design, pictured [above] to the left, and let us know what you think in the comments.'Screaming For Vengeance' turned 30 in July.
Speaking to The Quietus, Halford commented, "Well, it's very naughty of [GAP]. They shouldn't have done that and we're investigating that right now because that's intellectual-property rights. We were never asked, neither was our label. Having said that, pushing the legal side of it to one side, it's brilliant, isn't it? To think that something 30-odd years later is still striking enough to be a fashion moment." [Revolver]
Eric Wood of The Bastard Noise at DBA (more by BBG)
With all of the back and forth recently between Bastard Noise and Akron/Family, regarding the MiTB Skull art being used by Akron/Family on a shirt, it might be easy to forget why it was an issue in the first place; The Bastard Noise is an important and pioneering band. Now currently in a new incarnation with Aimee Artz on vocals/noise, Eric Wood's evolving vision has included elements of hardcore, powerviolence, jazz, noise, and experimentalism, but never at the expense of interesting songwriting.
We sat down with Eric Wood to ask him a few questions about his his response to Akron/Family and the cricism he received, his current projects and the future of the band. The results of our conversation is below.
Aaron Kenyon with a current project, Djam Karet
Aaron Kenyon, a founding member of Man is The Bastard, has weighed in on the controversial appropriation of the iconic skull logo by Akron/Family, and his views differ from that of his ex-bandmates. Check out Kenyon's statement below.
If you missed it, Man is the Bastard member Eric Wood initially made his thoughts known via Facebook which in turn led to ex-member Israel Lawrence weighing in and a public response from Akron/Family as well.
In semi-related news, Disney will no longer carry a highly-controversial t-shirt that molds the iconic Joy Division Unknown Pleasures album cover into a Mickey Mouse silhouette. Band members fell on both sides of the fence on this issue, with Peter Hook commenting to the LA Times that it was "flattering" and drummer Stephen Morris commenting that it was "horrible" and he was "quite angry".
Aaron Kenyon's statement on Man in the Bastard, below..
The offending shirt (left) with the offended party (right) (more Bastard Noise photos)
Eric Wood doesn't like Akron/Family too much, judging by his comment that band is "SCAB FUCKING MAGGOTS !" The Man Is The Bastard/Bastard Noise/Charred Remains honcho recently discovered the above shirt design (on sale now) that blatantly takes the MiTB/BN skull logo and adds Crass-style typography. Eric Wood has not taken this lightly, asking his fans to attack the group on their Facebook page. Wood himself has also taken to their Facebook page, though his comments have been deleted/disabled.
O.K. TO ALL OF YOU AMAZING REAL "SKULL SERVANTS" : SOMETHING JUST HAPPENED TO THE AKRON FAMILY group page - COMMENTING HAS BEEN DISABLED SO SOMEONE SAW IT ALL !!! I LOVE YOU ALL ! THANK YOU so very much !!!!Check out screenshots of some of Eric Woods (classic) comments on Akron/Family below. So far Akron Family, who just played 285 Kent, have not officially responded.
I sincerely apologize to David Byrne...
"Singer/songwriter David Byrne and Index Music Inc. have resolved their lawsuit against former Florida Governor Charlie Crist, Charlie Crist for United States Senate, The Stevens and Schriefer Group, Ltd., and Red October Productions, Inc. The lawsuit arose from a web campaign video made by Stevens and Schriefer Group Ltd. And Red October Productions, Inc., which Charlie Crist used in his primary campaign for United States Senate, that incorporated portions of the song Road to Nowhere, a song written by Mr. Byrne and recorded by Mr. Byrne and his band Talking Heads. The lawsuit, filed on May 24, 2010 in the United States District Court in Tampa, alleged that this use of Road to Nowhere required licenses which were not obtained. The financial terms of the settlement are confidential....which is pretty funny and you can watch it below...
Former Florida Governor Charlie Christ, Charlie Crist for United States Senate, The Stevens and Schriefer Group Ltd., and Red October Productions, Inc. apologize that a portion of David Byrne's song and the recording of Road to Nowhere was used without permission. Former Florida Governor Charlie Crist, Charlie Crist for United States Senate, The Stevens and Schriefer Group Ltd., and Red October Productions, Inc. do not support or condone any actions taken by anyone involved in the 2010 election campaign for United States Senate that were inconsistent with artists' rights of the various legal protections afforded to intellectual property.
Governor Crist has filmed a video apology..."
Bradford with Deerhunter at Fun Fun Fun Fest (more by Tim Griffin)
"Left with huge amounts of material which [would] never leave his bedroom, Bradford Cox decided to simply release the tracks on his blog. Containing early versions of well known tracks, total rarities and covers the download series was a treasure trove for fans.Atlas Sound plays the NYC area twice SOON: 12/10 at Maxwell's and 12/11 at The Bell House. Bradford can also be found at at The Echo in LA on 12/3, and that's it for now - three shows total, though Deerhunter has some dates coming up in Japan and Australia.
However... Sony weren't pleased. Sending the songwriter a stern 'cease and desist' order the label demanded that Bradford Cox take down almost every track from the download series.
Infuriated, Bradford Cox complied with the order then simply re-loaded them.... "Apparently Sony Music Owns my bedroom," he complained. "I am re-uploading the files now."
A bizarre case, which just took a rather pleasing twist. Bradford Cox recently received an apology from the label, which has admitted that it was in the wrong... "The Bradford Cox tracks were mistakenly removed. We advised Mediafire that the titles were mistakenly taken down. We have communicated all of this to Bradford Cox and his manager." -[ClashMusic]
All dates and a couple of recent videos below...
Girl Talk @ Lollapalooza 2008 (more by Bao Nguyen)
"...The Christian Science Monitor wrote today that Gillis' new album was "provoking copyright owners for the fifth time." The fifth time? Shouldn't the third or fourth provocation have been enough to set off a supposedly litigious industry?...
So why hasn't Gillis been hauled in front of a judge by the music industry? Probably because he's the most unappealing defendant imaginable. Gillis would be a ready-made hero for copyright reformers; if he were sued, he'd have some of the best copyright lawyers in the country knocking on his door asking to take his case for free...."
In response to a federal court's ruling that peer-to-peer service LimeWire and its operators are liable for inducement of widespread copyright theft, Mitch Bainwol, Chairman & CEO, offered the following comment:CNET has the story.
"This definitive ruling is an extraordinary victory for the entire creative community. The court made clear that LimeWire was liable for inducing widespread copyright theft.
"LimeWire is one of the largest remaining commercial peer-to-peer services. Unlike other P2P services that negotiated licenses, imposed filters or otherwise chose to discontinue their illegal conduct following the Supreme Court's decision in the Grokster case, LimeWire instead thumbed its nose at the law and creators. The court's decision is an important milestone in the creative community's fight to reclaim the Internet as a platform for legitimate commerce. By finding LimeWire's CEO personally liable, in addition to his company, the court has sent a clear signal to those who think they can devise and profit from a piracy scheme that will escape accountability.
"We are gratified by the court's careful and thorough analysis of the facts and applicable law." [says the RIAA] (via)
"Owen Pallett has announced that he will no longer be using the name Final Fantasy for his musical work. Owen Pallett's new album 'Heartland' will be available on Domino on January 12, 2010. Owen has issued the following statement:"
"I appreciate the irony of the DIY site punkcast being taken down by arguably the originator of punk style using entirely establishment means." - Joly MacFie
"Sorry to say the punkcast YouTube account is currently suspended.Joly may not even realize (well he will after reading this) that the clip (or one of the related ones) was even posted on Richard Hell's official site...well IT WAS until this morning when it was removed. It is of course possible that Richard himself didn't do this, but someone at his label, publisher, etc... A peak at his Wiki page reveals associations with "Sire, Warner Bros., Red Star, Matador, and Rhino".
As you may know it contains around 700 clips, mainly of the NYC music scene, but also of local internet related events including public hearings of the NYC Council's Committee on Technology in Government. It has had approaching 3 million views.
YouTube has a policy of suspending accounts of repeat copyright offenders and I just got my 3rd strike.
Almost laughably it was a DMCA takedown from Richard Hell over some footage I shot of him talking about his next record at a book signing a couple of weeks back. I plonked a mic in front of him and told him I was shooting for webcast, The clip was of conversation as I waited for him to start reading. He didn't say anything in particular beyond what went out in his recent press release about the record i.e. it's redubbed version of an old record that he wasn't happy with. I posted it with a link to his pr. Thought I was being helpful. I'd earlier posted a similar clip of him reading from his new book, and his co-author even posted it on his blog.
I've filed a counter-notice and, if and when the account get's re-instated I'll remove the clip..." [Joly MacFie of Punkcast.com]
The record that Richard describes in the disputed video is his remake of 1982's Destiny Street ("originally released in 1982 on Red Star Records, and was reissued in 1995 by Razor & Tie"). The album, Destiny Street Repaired (which is public knowledge), will feature new vocal tracks and music that includes guitar work from Bill Frisell, Marc Ribot and founding Voidoid member Ivan Julian. The record will come out on September 1st through Insound (the online store that is also the label in this case).
The rest of the note from Punkcast, (UPDATE: ) AND a letter Richard Hell wrote to Joly in response, below...
On buttons, posters and Web sites, the image was everywhere during last year's presidential campaign: A pensive Barack Obama looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE.In related news, Shepard is appearing at Coachella, he did some work for N.A.S.A., he made a Bad Brains poster, and he recently appeared on the Charlie Rose show. Video below...
Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay.
The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees. [Yahoo News]
Kraftwerk were forced to cancel their show in Melbourne for the Global Gathering Festival on the [Saturday] 22nd of November 2008, when Fritz Hilpert suffered from a heart attack and had to be hospitalized. Ralf Huetter, as well as another performer of the show walked up on stage 20 minutes after they were due to start, to announce the news.The video of the announcement is below. Hopefully he is okay, and it looks like Kraftwerk ended up performing the next day.
The MC in the beginning is announcing how Fritz Hilpert has suffered a minor heart attack and has been rushed to hospital... so kraftwerk will not be performing but the [not so] good news is that the Gorillaz [sounds system] will be performing on the main stage instead. [from YouTube]
In other sad news (for Kraftwerk at least), they lost a German copyright court case...
they were suing German rap producer Moses Pelham.All Kraftwerk dates and that video below...
Pelham had used a two second sample of Kraftwerk's track 'Metal On Metal' and Kraftwerk weren't happy about it...
...The new ruling states that a sample can be used, but it must not be the melody of a song, and it must be a completely new composition, baring no resemblance to the original. [Undercover]
DOWNLOAD: White Lies - Death (Crystal Castles remix) (MP3)
Trevor Brown writes....
by Black Bubblegum
original (back?) cover art (publicity stunt?)
The new record by supersecret supergroup United Nations almost didn't hit store shelves due to controversial artwork. Hmmm.... I wonder what the controversy is all about?
Check out the new cover below and order a limited edition version with the original cover here.
After word spread that Prince covered Radiohead's "Creep" at the Coachella festival, the tens of thousands who couldn't be there ran to YouTube for a peek. Everyone was quickly denied -- even Radiohead.
All videos of Prince's unique rendition of Radiohead's early hit were quickly taken down, leaving only a message that his label, NPG Records, had removed the clips, claiming a copyright violation. But the posted videos were shot by fans and, obviously, the song isn't Prince's.
In a recent interview, Thom Yorke said he heard about Prince's performance from a text message and thought it was "hilarious." Yorke laughed when his bandmate, guitarist Ed O'Brien, said the blocking had prevented even him from seeing Prince's version of their song.
"Really? He's blocked it?" asked Yorke, who figured it was their song to block or not. "Surely we should block it. Hang on a moment." Yorke added, "Well, tell him to unblock it. It's our ... song." [Billboard]