iTunes in indie class action
p2p news / p2pnet: Independent music publishers have filed a class action against corporate online music services for failing to get licenses to enable them to sell downloads.
Named are Apple Computer, AOL Music Now, Buy.com, Microsoft, Napster, RealNetworks Digital Music of California, Record Town, Sony Connect, Virgin Entertainment Group, Wal-Mart and Yahoo, says BillBoard’s RadioMonitor.
"Euro Tec Publishing, Bruce Caplin, Prestoons Music and related companies filed the suit on behalf of themselves and others similarly situated," says the story.
"Euro Tec alleges that it owns rights to ‘Caribbean Blue,’ ‘Beautiful Day,’ ‘Wake Up’ and ‘Light’n Up’ recorded by Big Mountain. Prestoons claims to own rights in ‘Oh, I Love You So,’ recorded on the original soundtrack to the 1988 film ‘Cocktail,’ and ‘Black and White’ recorded by Roseanne Cash.
Copyright law provides for compulsory licenses so publishers can’t refuse to license already released songs, "if proper procedures are followed," says RadioMonitor.
But Apple, et al, "failed to follow those procedures, the complaint alleges," says the story, adding:
"As a result, the songs had not been licensed to the online services offering the recordings for download."
Also See:
RadioMonitor – Publishers File Suit Against Digital Services, May 17, 2006
May 17th, 2006 at 3:31 pm
“Copyright law provides for compulsory licenses so publishers can’t refuse to license already released songs”
Some clarifications are in order:
Compulsory licenses can be requeted only by a recording company for the purpose of making the records. It must be requested before the record is released or very shortly thereafter. It can be requested if the owner of the rights cannot be located and if the song is copyright registered.
As a practical matter, compulsory licenses are really worthless, because they do not allow for the performace (play) of the recording or the song anywhere, including radio. Just the recording is licensed.
As a matter of fact, the owners of the rights to songs can refuse to issue a license for public performance and without that a recording is useless even if it is licensed.
Apple is a store that sells the recordings. It is fair to say that they can presume that what they sell has a proper license. Therefore they are not responsible for whatever infringement was done by the record company up to the point in time that they (Apple) are notified that they are selling infringing recordings. If they continue the sale, they are therafter infringing, if the recording has no license.
Consult your lawyers.
Rafael Venegas
http://www.gvenegas.com
May 18th, 2006 at 1:53 am
I think the complaint is that the record lables didn’t have the online distribution rights, only physical unit rights. Apple therefore couldn’t have the right to sell the songs online.