Posts Tagged: ‘DMCA’

A California company called BlueBeat has been selling MP3 tracks for 25 cents each and streaming them for free. Online music retail is pretty much old news, though the price point is low enough to attract attention. But as Macworld’s Jonathan Seff wrote, the site is also selling the Beatles’ catalog — without a license. Seff pointed out that the site’s terms of use say that if users feel that the music posted to the site has been uploaded in violation of the Digital Millennium Copyright Act, then they can contact the people running the site to have it removed.

There’s also a warning, Seff said, that false accusations can be penalized under the DMCA.

Well, apparently EMI, the company that owns the rights to the Beatles’ catalog, filed a lawsuit for copyright infringement and had a temporary restraining order granted to stop the site from continuing its business.

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According to the Associated Press, the 2nd U.S. Circuit Court of Appeals in Manhattan has come to a decision that should please fans of Internet radio services. The court presided over a case in which several subsidiaries of Sony Music Entertainment sued Launch Media Inc., a company that created a personalized Internet radio service called LAUNCHcast.

At stake were millions of dollars in royalty fees. You see, in the United States, radio stations don’t have to pay artists to play their songs. Instead, radio stations pay a quarterly royalty fee in bulk to performance rights organizations, which, in turn, pay the artist. The way they figure it out is a little complicated — if you really want to know the methodology I suggest checking out How Music Royalties Work.

But Internet radio services don’t follow the same rules as traditional radio. Any interactive music service has to pay individual royalties to artists every time they play the artists’ songs. If the Internet radio service isn’t interactive, then it has to pay a lower rate set by the Copyright Royalty Board.

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Looks like RealNetworks is going to have to try, try again. Brad Stone wrote yesterday at The New York Times that San Francisco (Calif.) Federal Court Judge Marilyn Hall Patel decided for the Hollywood studios suing the software manufacturer over its RealDVD product, which allows (allowed?) people to make copies of DVDs. The purpose is for people to make backup copies of DVDs for their own use, and that’s what RealNetworks is arguing. But apparently, it didn’t work.

On Tuesday, Patel granted an injunction that prevents Real from selling its software to the public or putting it on set-top boxes as OEM software — programs that come pre-installed when you buy the machine. Why? It violates the Digital Millennium Copyright Act. And RealNetworks’s contract with the DVD Copy Control Association. The decision, Stone points out, doesn’t say whether it’s OK to back up your DVDs. So backing up movies you own for your own use is still in a hazy gray area.

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