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In light of the fact that many people are podcasting their own live performances of controlled compositions on YouTube and other social media, there seems to be a disconnect between the law and conduct. The thought of suing a fan who performs your or your client’s material is not as palatable to artists and companies today […]

Elliot Zimmerman

Are parental guarantees of their child’s performance enforceable? February 21, 2019

Throughout my career, I have routinely included a parental guarantee of the child’s performance in all contracts I drafted for clients engaging a minor. IMHO, the parent gets a separate benefit and detriment from that of the child in agreeing to same in that the parent’s burden of providing for the child is abrogated if […]

Elliot Zimmerman

New Royalty Rates for Downloads February 13, 2019

New Copyright Royalty Board rates became effective on February 5, 2019, retroactive to January 1, 2018. The Harry Fox Agency created a chart to track the new royalty rates for music.

Elliot Zimmerman

DMCA Fraudulent Takedown Notice February 13, 2019

DMCA takedown notices for copyrighted material on the internet are made under penalty of perjury. The filer of the notice must own or control the copyright to the work or risk being charged. Damages accrue only if the work is taken down. See generally, 17 U.S. Code § 512(f). Limitations on liability relating to material online. […]

Elliot Zimmerman

The Music Modernization Act Becomes Law January 26, 2019

On October 11, 2018, the Music Modernization Act became law… The Act enjoined the following 3 bills: 1.1 Title I: Music Modernization Act 1.2 Title II: CLASSICS Act 1.3 Title III: Allocation for Music Producers Act See https://en.wikipedia.org/wiki/Music_Modernization_Act for more details.

Elliot Zimmerman

Elliot Zimmerman, BCS, PA Consultation