Entertainment and Media Law Update - Feb 2012

The latest instalment of our Entertainment and Media Law update highlights some recent developments in the entertainment, media and creative world.  

Films - the boundaries between creators and financiers

Recently, in the ruling in the case of Martin Luksan v Petrus van der Let highlighted the boundaries between the creators and the financiers of films.  The European Court of Justice affirmed that EU law requires Member States to ensure that their national law gives the principal director of a cinematographic work the initial ownership of the right to exploit a film commercially.  In addition the director has the right to fair compensation in respect of private copying. However, EU Member States can now establish a legal presumption that such exploitation rights will be automatically transferred to the producer of the film, providing that the parties are able to opt out of this transfer by agreement.  The right to fair compensation, however, cannot be the subject of an automatic presumption of transfer to the producer.

TV - The Golden Globes Awards Trial

There is an ongoing legal battle between Dick Clark Productions (DCP) and the Hollywood Foreign Press Association (HFPA) over TV rights to the popular show, The Golden Globes Awards. It is claimed that that DCP had inserted an extension clause into its 1993 contact with the non-profit organization HFPA. This clause is at the center of the dispute because HFPA claims that DCP renegotiated a broadcast rights contract with NBC without its consent and without allowing other networks to bid and so potentially depriving the HFPA of millions of dollars. DCP has countered that under a 1993 amendment to its agreement with the HFPA, its contract to produce the show and command 50% of its broadcast rights automatically renew every time NBC extends its contract. The decision on who is right will be made in due course as the case continues.

Live Music – The Sound of the Police

Trade Group UK Music has accused the British police discriminating against the urban music scene.  Commentators are saying that the London Metropolitan Police's risk assessment of live urban music gigs is based on the ethnicity of the audience and artists. Police can ask for strict safety measures to be put in place on the basis of completing a risk assessment Form 696 and can cancel gigs at short notice. However, commonly the risk assessment happens after the night has been advertised and as a result money has already been spend to promote the night. The chair of the culture, media and sport committee in the House of Commons, continues to call for the "discriminatory and draconian" Form 696 to be scrapped, after his committee first demanded its abolition in 2009. More at http://www.guardian.co.uk/music/2012/jan/08/police-accused-discriminating-urban-music?newsfeed=true. This is a totally unfair system which happens all over the UK is leaving many promoters out of pocket.

Madonna and the Airwaves

In the USA, Clear Channel and Madonna have partnered up across multiple platforms to make it nearly impossible to miss the superstar’s latest single, “Give Me All Your Luvin’".  The song will air on Clear Channel plus its partner radio stations and websites, and the music video will also run on the company’s 1,600 digital display billboards in nine countries. Additionally, the song and video will be available on demand via iHeartRadio.com (which will also feature 'Madonna Radio), on all Clear Channel Contemporary Hit Radio (CHR) and Rhythmic CHR station Facebook pages, as well as the iHeartRadio Facebook and Twitter pages. Outside the US, the single will be featured on Clear Channel radio station websites in Australia and New Zealand, and via Global Radio’s Capital FM Network in the U.K.

There is nothing like world domination for Madonna!

Live Music

The British music publishing collection society, PRS For Music has announced that the royalties rates charged for popular music events in the UK will remain unchanged at 3% of ticket receipts. The society’s Keith Gilbert said “As the organisation that represents the creators behind the music, it is right that we continually review our charges and approach, ensuring there is a fair balance between music users and creators. We will continue to work alongside the industry to ensure our tariffs both support the rights of the creator, whilst recognising the contribution of all parties involved in making the live music business the success that it is”.

http://www.prsformusic.com/users/businessesandliveevents/musicforbusinesses/customerconsultation/Pages/TicketedPopularMusicEvents.aspx

Insane Clown Posse face multiple sampling claims

It is reported by CMU Daily that the band Insane Clown Posse are being sued by Entity Productions, which controls the catalogue of Midnight Syndicate, an American group specialising in gothic-esque instrumental music, often set to the soundtrack of horror films that never existed. Entity claims that ICP have used uncleared samples of Midnight Syndicate’s music on several of their tracks across three albums. It is claimed that Entity first contacted the Insane Clown Posse and their Psychopathic Records label in 2009 without response, after discovering Midnight Syndicate’s music had been used on 2004 ICP album ‘Hell’s Pit’ as well as in a number of tracks on two albums by the hip hop duo’s side projects Dark Lotus and Twiztid. Entity is seeking $2.1 million in damages. These are big numbers for a sample claim!

Spanish web blocking law

The Spanish Parliament has implemented the Sinde law which will make it easier for content owners to target copyright infringing websites from March 2012 onwards. The legislation was initially criticised for being because it lacked any provision for scrutiny by the courts. This has been rectified and the legislation creates a government body with powers to force internet service providers to block sites. The Intellectual Property Commission will decide whether it wants to take action against an infringing site or the ISPs and websites providing links to infringing content and the case will then be passed to a judge to rule within 72 hours on whether the site should be shut down.

In the protection of copyrights and any other intellectual property the judicial process should not be circumvented.

Michael Jackson rumbles on

Only Michael Jackson and possibly a few other iconic pop stars could cause this kind of insanity.

In a bizarre twist in the Michael Jackson story, a group of French fans of the King of Pop are launching a legal action in France against Dr Conrad Murray, who was recently convicted of involuntary manslaughter after the singer’s death in 2009. They are each claiming symbolic damages of one Euro for the ‘emotional damage’ the death has had on them. Murray was sentenced to four years imprisonment

To find out more about our entertainment, media, IT and Sports law services contact
Rudi Kidd

Follow me on Twitter - @kuits_media 

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