Latest from Russell Law Blog - Page 2

TIP #1. In recorded music there are almost always two separate copyrights:
  • The musical work (the composition); and
  • The sound recording (the fixation of  sounds that were produced during a particular performance).
  • TIP #2.  Until recently, sound recordings that were fixed before 1972 were not eligible for US copyright protection.
    TIP #3.  There are new procedures for protecting pre-1972 sound recordings. This new scheme is not technically copyright protection, but it’s very similar. The new law itself appears here


    Continue Reading 3 Copyright Tips About {old} Sound Recordings

    No such thing as a “normal” VARA case? Ha! Maybe not. But this one is taking place in Normal, Illinois.
    The Town of Normal wants to destroy a mural that appears on a building, to make way for development. The mural was created by 13 artists. In April, the 13 artists sued the Town and the developer to prevent destruction of the work.
    So far it sounds like a pretty “normal” case — right?
    Now the twist. Attorneys for
    Continue Reading VARA: The Normal case

    Bringing a copyright action in Federal court is expensive. There’s no question; the costs bar many aggrieved copyright owners from justice.
    Several organizations representing copyright owners — along with the United States Copyright Office itself — have been working on legislation toward a copyright “small claims” system, providing an administrative (as opposed to judicial) option for the resolution of copyright-related disputes. Draft legislation was introduced last month, in both the House and the Senate.
    Understandably, the sponsoring organizations are
    Continue Reading Copyright Small Claims: Weighing the Pros and Cons of the CASE Act

    The Orrin G. Hatch – Bob Goodlatte Music Modernization Act (“MMA”) became law on October 11, 2018. It enacts sweeping changes to provisions of the United States Copyright Act affecting the compulsory license for making and distributing phonorecords of musical works (known as the “mechanical license.”)
    Those most affected: Songwriters.
    The response from songwriters: Crickets.
    What songwriters should do, immediately: Wake up and take action!
    The MMA was touted publicly as a long-overdue means for improving efficiency and fairness
    Continue Reading The Music Modernization Act HURTS Indie Songwriters