If your intellectual property is being infringed, do not delay in seeking a remedy. If you delay for too long, you may find yourself statutorily barred from proceeding with a claim. And remember: going to court is not an IP management strategy. That’s your last resort.
Sony Music just pulled down of its most popular recordings from SoundCloud – recordings from Hozier, Adele, MS MR (love them) and Passion Pit – due to a breakdown in licensing negotiations. The reason? Generally, a lack of monetization opportunities on the service. This breakdown in negotiations reveals an intriguing tension between the idea that SoundCloud is a “creator-driven” service but has now become a major global streaming service and distribution platform.
Grooveshark is dead in the water. This week, the music streaming service shut down in an attempt to settle a near $17 billion lawsuit (since reduced to a reported $736 million in damages) with a coalition of the major music labels. Here is how we got to this point.
On Tuesday, the Conservative Government of Canada revealed in its 500-page budget that it intends to update the Copyright Act in order to extend the term of copyright protection for sound recordings and performer’s performances from 50 to 70 years.
Netflix is one of the few global media companies with the ability to solve digital music through strategic bundling of product, services and content. The battle for our music streaming lives can be waged by Google, Apple, and Spotify. However, Netflix represents the dark horse in this race, and could only mount a reasonable prospect if bundled film and music in the right way. Oh, and before a competitor like Amazon gets to it first. Well,…
If it wants to, Netflix can solve the problem of people not paying for music through bundling music with its movie and TV service. And music is ripe for bundling for several reasons. No one service is doing bundling well right now. Amazon is almost doing it with it’s Prime Music service, but it’s mainly a brick-and-mortar product distributor, not a dedicated content delivery service like Netflix (which now also produces content). And Apple’s iTunes service is clunky and outdated at best, and the a-la-carte download model is very 2010. And Apple is really the only other company who could make a significant dent in a play for bundling. But with a slick UI and some negotiations with the major labels, Netflix can catch Apple asleep at the wheel.
Many hip-hop producers “lease” or licence their beats. But, from what I see in the course of my practice, some producers are not taking the best approach to maximize their licensing strategies and protect themselves and their business from threats of litigation.
Should you register your copyrights? Probably.
Registering your copyrights with the Canadian Intellectual Property Office (CIPO) creates a presumption of ownership in the work, and serves as a time stamp for when the work was created. Most importantly, copyright registrations can be used in court as evidence of ownership. The process is easy, you don’t have to send anything in to CIPO, it costs $50 and can be done on-line. Once registered, your work will be listed in the publicly accessible CIPO Copyrights Database.