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First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that the record company 19 Records lawsuit against Sony Music may be headed to the Second Circuit Court of Appeals as 19 Recordings has asked the court for an interlocutory appeal.
The case centers around how Sony pays out royalties on music streaming services such as Spotify and Tidal. Sony classifies revenue from such streaming as sales where 19 Recordings, who distributes through Sony, claims that they should be classified as transmissions or broadcasts, which would cause them to get a higher royalty.
Sony attempted to get the judge to toss the case and initially agreed with 19 Recordings, refusing to do so. However, after reconsidering, the judge has allowed the contract law element to move forward while dismissing claims that the decision was made with malice. Now 19 Recordings is asking for another reconsideration or, pending that, an interlocutory appeal Second Circuit to address the issue.
Next up today, Liron Samuels at DIY Photography reports that artist Richard Prince has enraged many in the photography community with an exhibition at the Gagosian Gallery where he put up other people’s Instagram photos and sold them for up to $100,000 each.
The exhibit, which featured large format versions of individual’s Instagram photos were only altered to remove the Instagram logo and added fake comments below the photo, the last one being his. The photo, which was taken by the Instagram user, is unaltered and the print also includes their Instagram name.
Prince was in copyright news recently over his use of photos from photographer Peter Cariou. In that case Prince took the photos, modified them slightly and resold them as art. Though initially Cariou won a favorable verdict, an appeals court overturned most of it, ruling that nearly all of Prince’s works were fair use. The case was settled before the lower court ruled on the remaining photos.
Finally today, Ernesto at Torrentfreak writes that, while Google Fiber is being heralded as a revolution for high speed Internet in the United States, many are questioning their policy when it comes to forwarding copyright notices to users.
As Google Fiber has rolled out in more and more cities more of its users are taking advantage of the service to download and share copyright infringing material. Those users are often the subject to Digital Millennium Copyright Act (DMCA) notices that are forwarded to them from rights holders and those who represent them. However, some companies, such as Rightscorp and CEG TEK, use that process to also send demands for settlement, often around $20 per infringement.
Many ISPs strip out such settlement demands before forwarding them to customers. However, Google Fiber does not, earning condemnation from organizations such as the Electronic Frontier Foundation and others who say that Google is not legally required to forward the notice verbatim.
That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.