Entries by Marc

Why DOJ’s Mandate of 100% Licensing of Works by ASCAP and BMI is 100% Lunacy

On August 4, the Department of Justice (DOJ) publicly released its “Statement of the Department of Justice on the Closing of the Antitrust Division’s Review of the ASCAP and BMI Consent Decrees” (DOJ Statement).  The Justice Department issued the DOJ Statement after nearly two years of reviewing, at ASCAP and BMI’s request, whether the decades-old […]

The De Minimus Exception to Infringement is Now in Vogue for Sound Recordings

On June 2, a divided panel of the Ninth Circuit affirmed the district court’s granting of summary judgment to defendants and vacated an award of attorney’s fees in the case of VMG SalSoul, LLC v. Ciccone. Plaintiff alleged that Madonna’s mega-hit, Vogue, infringed both the copyright in the composition and the copyright in the sound […]

Interview on Music Publishing Podcast

Before the Memorial Day holiday, I had the pleasure of being interviewed by my friend and colleague, the composer Dennis Tobenski. Our 90-minute talk, which was posted last week, covered a variety of topics applicable to composers, songwriters and other creators, including copyright principles, fair use, the role of PROs and estate considerations for artists. […]

The Question Songwriters Should Ask Obama at SXSW

This Friday, President Obama will be delivering the keynote address at this year’s South by Southwest (SXSW) Interactive Conference in Austin, Texas. Although originally just a music conference, SXSW now has three overlapping sections, Interactive, Film and Music. While it is doubtful that the President will be taking questions from the audience, songwriters and other […]

Do Candidates Have The Right To Conscript Songs For Political Purposes?

[Note: This piece was previously posted on NewMusicBox, a site for composers and fans of contemporary classical and other experimental music, on September 24, 2015.] It’s another presidential election cycle and—in addition to PAC moneymen, countless commercials, polls, trolls, sound bites, and sniping—there’s the new tradition of one candidate or another pissing off some well-known […]

Copyright Conundrums for Collaborators

[Note: This article was previously posted on NewMusicBox, a site for creators and fans of contemporary classical and other experimental music, on September 3, 2015.] Here’s a situation that’s commonly misunderstood among creative collaborators: Jack and Jill agree to write a song together. They call it “Tumblin’ Down the Hill.” Jack writes the music and […]