A & M Record Inc. Vs Napster Case Summary
1. Does it matter that, under an agency theory, Keith did not disclose the full extent of what he would be posting using the band’s name to extend liability to the entire group?
Under an agency theory, it does not matter that Keith did not fully disclose what he would be posting. The knowledge of Keith and his actions will be imputed to the other partners, or the firm if a separate personality. In other words, each partner of the band is an agent of the other with the right and the ability to control the activities of each other; and the band profited from the wrong doing of Keith, therefore they are all liable under an agency theory.
Likewise, under copy right law, Contributory liability for copyright infringement requires that the secondary infringer know or have reason to know of direct infringement. A &M Records Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)
Does it matter that Keith’s intent was only to conceal his soft- rock proclivities and not the infringement?
…show more content…
The trademark infringement law states; [a]ny person who shall, without the consent of the registrant-(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive. Infringement charges can be filed against Keith and his partners. Keith reproduced Carly Simon and Carole King tracks without their consent, used them in a public forum, and profited from doing
Summary Of Australian Competition And Consumer Commission V Ticketek
1356 Words | 6 PagesAustralian Competition & Consumer Commission v Ticketek Pty Ltd (2011) Nature of the Case and the central legal issue Australian Competition and consumer law (ACCC) held proceedings in 2011 against Ticketek Pty Ltd at the Federal Court for contravening with Section 46 of the Trade Practices Act now known as the Competition & Consumer Act (2010) at four instances. Tickettek was alleged for deterring or preventing Lasttix from engaging in competitive conduct in the ticketing related services market when they refused to apply discounted prices that were to be published by Lasttix (a rival ticketing company) & by doing so taking advantage of their substantial market power . The parties agreed to the pecuniary penalty issued by the federal court of $2.5 million on the 22nd December 2011 . Reasons for Choice & Importance of Case
Case Of Hustler Magazine Inc. V Falwell
1239 Words | 5 PagesHustler Magazine, Inc. v. Falwell Oral Argument Summary The oral argument in Hustler Magazine, Inc. v. Falwell consists of Isaacman’s arguments along with the justices’ questioning of both attorneys. Isaacman argued that parody, specifically the Campari Ad which contained a fake interview about Jerry Falwell’s incestuous relationship with his mother, should be protected by the First Amendment. On the other side of the argument, Grutman who represented Jerry Falwell argued that the speech should be held liable because it caused emotional distress.
The Other Wes Moore Book Report
752 Words | 4 PagesHe didn’t think about the consequences and how was going to affect his mother. The other Wes told his mother that was a DJ and getting pay for the work. How can this affect the future of both Wes if they are rolling into drug selling or damaging private
Argumentative Essay: Why Artists Should Use Their Music In Advertising
572 Words | 3 PagesThe author Johnson says in paragraph 10, "The music business is just that—a business. It exists to make money, and artists need to make money in order to continue making music." Furthermore, if artists refuse to do endorsement deals, they will not be able to
Passport's Ethical Issues
501 Words | 3 PagesApproximately 5 to 10 percent of the videos were composed of copyrighted music and appearances of Presley on television and in movies owned by copyright holders other than Passport. Passport did not obtain permission to use those copyrighted works. Elvis Presley Enterprises, Inc., and other companies and individuals that owned copyrights to the Presley works used by Passport sued Passport for copyright infringement. Passport defended, arguing that its use of the copyrighted materials was fair use.
The Monkees Research Paper
1198 Words | 5 PagesWhen More of the Monkees, the band’s second album was created, they, especially Mike Nesmith and Peter Tork, grew angry at the lack of control that they had over its production (Deming). This anger would later lead to arguments which caused the group to split from their producer (Deming). The Monkees traded the help of their producer for creative freedom. Overall, it is hard to say whether this did more harm or
In 1927, The Newly-Formed Federal Radio Commission (Precursor To The Modern FCC)
529 Words | 3 PagesThe radio stations could also have competing artist and his/her manager would likely be willing to pay more to get that artist more airplay. As mentioned by J. Charles Sterin, the industry leaders could reduce their risk by choosing highly marketable
Lance Worthington's Case Against Capitol Records
155 Words | 1 PagesDespite selling two million copies of his Debut Album, and signing a Recording Contract with Capitol Records on June 15, 2007, Lance Worthington tax returns from the IRS revealed that he lost quite a bit. Lance thinking it was not fair that the Record Company kept so much of his earnings, decided to hire, a prominent music Attorney with a Shark-like reputation Robert Bergman. Worthington represented by Bergman all the way to the supreme court won the case against Capitol Records. All artists and musicians can thank Worthington for his brave stance against record companies, and instrumental in changing intellectual property rights and long-standing Record Company practices. Consequently, Worthington formed his own independent, and successful
Lawsuit Against Apple Case Study
481 Words | 2 PagesLawsuit against Apple? “Basic American rights were at stake, and the purpose of law is to protect people’s rights”. (Tribune news service) There was a large shooting in San Bernardino, California. The FBI wanted to hack into the shooters phone but could not without the company Apple's help.
Big Pimpin Case Study
329 Words | 2 PagesFollowing earlier reports on Jay Z, claiming that the rapper attended in court last Tuesday, October 13, after being charged with a copyright lawsuit over his 1999 hit song "Big Pimpin", the case remains unresolved even after Jay Z and producer Timbaland went on a two-day discussion with their lawyers and witnesses to determine what really rooted the problem. Reports say that while there has been no real conflict identified on Jay Z 's Big Pimpin 's elements which included some of the basics from a 1950s Egyptian love ballad, the flute notes which are allegedly taken from 'Khosara Khosara ' sparked the dispute. Hit-maker Jay Z and producer Timbaland, who have compiled 25 Grammy Awards, are being sued by Osama Ahmed Fahmy, Baligh Hamdi 's
Sampling In The Music Summary
922 Words | 4 PagesThere’s not really one way to control this situation, because there are quite a few factors that have to be under consideration. Such as, how to prove the artist is actually sampling or did the artist just get inspired? I think if an artist actually is sampling is not a negative result, but sometimes when combining a song from the past and making it better
Argumentative Essay: Why Artists Should Be In Commercials
614 Words | 3 PagesThe only way for an artist to survive in the music industry is to stay true to themselves and take any opportunity they can to advance their
Argumentative Essay: Backlashing The Music Industry
413 Words | 2 PagesAlthough claims have been made that downloading music for free without paying is stealing and hurts profits, complaints seem to originate most commonly from record labels and a handful of the larger artists such as Def Leppard and Taylor Swift rather than from every artist who has free music on sites like Napster. When Napster came out on the internet and began to develop success, only then were they targeted by the music industry: when their success became a threat. Ian mentions how she was bombarded with return emails. In her original article, she states that a representative of RIAA, The Recording Industry Association of America, sent her a decent amount of data and statistics supporting their side of the issue as well as NARAS, but more bluntly stating that “downloads were ‘destroying sales,’ ‘ruining the music industry’ and
Summary Of The Song 'La Di Da Di'
986 Words | 4 PagesSometimes legal issues do arise from uncredited sampling. One of the most famous cases is Vanilla Ice 's 1990 hit "Ice Ice Baby". This was a very popular song that flied through international billboards. The Vanilla Ice’s 1990 hit was the first white rap song to ever gain serious attention. The song 's hook samples the bassline of the 1981 song "Under Pressure" by Queen and David Bowie, who did not receive credit or royalties for the sample.
The Importance Of Royalties In The Sound And Music Industry
711 Words | 3 PagesThey are defined legally as an agreement between an artist/creator and the person who uses that creation. A royalty will usually be a percentage of the future profit from sales or the regular income earned. There are four different types of royalty revenue in the music industry: -mechanical royalties -Public performance royalties -Synchronized fee -Print music income However, the
More about A & M Record Inc. Vs Napster Case Summary
Summary Of Australian Competition And Consumer Commission V Ticketek
1356 Words | 6 PagesCase Of Hustler Magazine Inc. V Falwell
1239 Words | 5 PagesThe Other Wes Moore Book Report
752 Words | 4 PagesArgumentative Essay: Why Artists Should Use Their Music In Advertising
572 Words | 3 PagesPassport's Ethical Issues
501 Words | 3 PagesThe Monkees Research Paper
1198 Words | 5 PagesIn 1927, The Newly-Formed Federal Radio Commission (Precursor To The Modern FCC)
529 Words | 3 PagesLance Worthington's Case Against Capitol Records
155 Words | 1 PagesLawsuit Against Apple Case Study
481 Words | 2 PagesBig Pimpin Case Study
329 Words | 2 PagesSampling In The Music Summary
922 Words | 4 PagesArgumentative Essay: Why Artists Should Be In Commercials
614 Words | 3 PagesArgumentative Essay: Backlashing The Music Industry
413 Words | 2 PagesSummary Of The Song 'La Di Da Di'
986 Words | 4 PagesThe Importance Of Royalties In The Sound And Music Industry
711 Words | 3 Pages