What's Hot in Los Angeles Entertainment Law

Can Social Networks Use at Their Will Streaming Music/Videos?

There has been much legal debate recently regarding the unauthorized usage of copyrighted music/videos by social networking websites such as Myspace, YouTube, and now Imeen.

Imeen is a social networking website much like the concept of YouTube in which users can view and share content directly through the web without the need to download it.  Users then may invite others to view and rate their playlists.  Other features include a direct link to popular sites such as Myspace and Facebook.  Users have access, through the playlist feature, to "vast libraries of copyrighted works," where they can stream full-length versions of these songs. This main attraction has made Imeen one of the "fastest growing sites on the internet," boasting   

Four prominent record labels, that which include Warner Bros. Records, Atlantic Recording Corporation, Elecktra Entertainment Group, and Rhino Entertainment Company are claiming that Imeen is using this free streaming of full-length videos and songs as a means of luring new users.  The claim states that Imeen has not received proper authorization from the labels or artists to use their works and the labels are demanding they pay up.   

The involved record labels are seeking $150,00 per infringing work and an injunction.  Some think Imeen may follow in the footsteps of its predecessors' trend of infringing first and then once the inevitable lawsuit hits, cut a licensing deal.

 Leading Los Angeles entertainment attorney, Helen Yu, of Yu Leseberg, recommends if you are an artist  you need to know your rights.  Your music cannot be streamed on the internet without your awareness and authorization.  Your music is a valuable asset that must be protected.  It is the main attraction driving your career and if you have that being used freely by any of those who feel they have the right, you, as an artist, are on the losing end, unless you know your rights.

Clear Channel Stops Pressuring Indie Bands to Forgo Online Royalties

Clear Channel, reacting to major label payola accusations, has inked a deal with the American Association of Independent Music (A2IM) that guarantees 4,200 hours of airplay for independent labels. This follows the same deal signed by CBS Radio, Entercom, and Citadel, and for the first time ever gives independents a guaranteed level of play across all terrestrial radio. The deal also includes guaranteed reporting and payment to SoundExchange for digital radio play, which makes it extremely important for independent artists to register with SoundExchange to collect these royalties. Full story at Wired Blog.

Web DJs silenced by royalty fees

Thanks to an act from Congress that goes into effect next week, royalty rates for internet radio plays are set to double from the current rate of .0762 cents by 2010. This is definitely good news for songwriters and SoundExchange, the agency that administers internet radio royalties. One side effect, however, is that hobbyist web radio stations that aren't revenue-driven are being forced to shut down in the face of higher operating costs.

Full story from LA Times

Facebook opens to third-party developers

Facebook, the second-largest socia networking site, has opened up its site to third party developers. Members can use these third-party applications to create pages far more customized than those on competitor MySpace. This means that services like iLike can let users see which other Facebook members like similar music or are attending the same concert. Facebook can connect those users as well as recommend music to fit their tastes.