Comments for Music Row Law http://musicrowlaw.wordpress.com A Music Law Blog of Barry Neil Shrum Thu, 18 Jun 2009 20:33:01 +0000 http://wordpress.com/ hourly 1 Comment on Music Publishing 101, Part 1: A brief history by James http://musicrowlaw.wordpress.com/2007/11/26/music-publishing-101-part-1-a-brief-history/#comment-774 James Thu, 18 Jun 2009 20:33:01 +0000 http://musicrowlaw.wordpress.com/2007/11/26/music-publishing-101-part-1-a-brief-history/#comment-774 Thanks for the information, I'm an avid phonograph fan and have been researching (and buying) them for over 10 years now! Thanks for the information, I’m an avid phonograph fan and have been researching (and buying) them for over 10 years now!

]]> Comment on James H. Harris III certified as Civil Trial Specialist by Mike http://musicrowlaw.wordpress.com/2009/02/23/james-h-harris-iii-certified-as-civil-trial-specialist/#comment-691 Mike Sun, 01 Mar 2009 14:54:57 +0000 http://musicrowlaw.wordpress.com/2009/02/23/james-h-harris-iii-certified-as-civil-trial-specialist/#comment-691 Just passing by.Btw, your website have great content! _________________________________ Making Money <a href="http://tinyurl.com/rich-quickly/1054816" rel="nofollow">$150 An Hour</a> Just passing by.Btw, your website have great content!

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Making Money $150 An Hour

]]> Comment on The Virtual CFO by Ken Kaufman http://musicrowlaw.wordpress.com/2008/01/07/the-virtual-cfo/#comment-675 Ken Kaufman Sat, 20 Dec 2008 06:00:46 +0000 http://musicrowlaw.wordpress.com/2008/01/07/the-virtual-cfo/#comment-675 I have had the chance to read Scott's Virtual CFO blog and I enjoy his work. I have had the chance to read Scott’s Virtual CFO blog and I enjoy his work.

]]> Comment on Music Publishing 101, Part 2: Forming a publishing company by Rick Jones http://musicrowlaw.wordpress.com/2007/11/27/music-publishing-101-part-2-forming-a-publishing-company/#comment-666 Rick Jones Mon, 10 Nov 2008 22:45:50 +0000 http://musicrowlaw.wordpress.com/2007/11/27/music-publishing-101-part-2-forming-a-publishing-company/#comment-666 Dear Mr. Shrum - I will read these blogs in detail, and with great interest, however, right now, with the production of my first CD with my wife Valerie, and it's subsequent release Jan. 15 2009, I have one overriding question. Say we get radio plays - I'm a member of ASCAP and PRS so my interests are protected as a writer. but, is there a nebulous 'Publisher's Share' of any given royalty amount? Say I get x plays and received y as my pro rata share out - is there a floating amount that WOULD have been distributed HAD I also been my own publisher? Call it y+p? Or absent a publisher 100% comes directly to me? Does my question make sense? And I will read the complete Publishing 101 - thanks. I have about 150 published songs in my personal catalogue - either sole properties or co-written with others. Also I'm about to begin marketing my sixth musical, entitled Laughing Daughter. Any advice? Dear Mr. Shrum – I will read these blogs in detail, and with great interest, however, right now, with the production of my first CD with my wife Valerie, and it’s subsequent release Jan. 15 2009, I have one overriding question. Say we get radio plays – I’m a member of ASCAP and PRS so my interests are protected as a writer. but, is there a nebulous ‘Publisher’s Share’ of any given royalty amount? Say I get x plays and received y as my pro rata share out – is there a floating amount that WOULD have been distributed HAD I also been my own publisher? Call it y+p? Or absent a publisher 100% comes directly to me? Does my question make sense? And I will read the complete Publishing 101 – thanks. I have about 150 published songs in my personal catalogue – either sole properties or co-written with others. Also I’m about to begin marketing my sixth musical, entitled Laughing Daughter. Any advice?

]]> Comment on About Me by DUANE LEE PROCTOR http://musicrowlaw.wordpress.com/about-2/#comment-662 DUANE LEE PROCTOR Sat, 18 Oct 2008 21:14:34 +0000 http://musicrowlaw.wordpress.com/about-2/#comment-662 I am a former Police Detective Lieutenant/Private Investigator (certified) who's only constant in life has been my music. I have been a performing singer songwriter since the age of 14 (now 48). I understand the music business and being a professional investigator I also understand the great impact the legal profession has on it, along with most other things in life. ":O) I don't know if you even consider song shopping or artist/management & promotion, but even if you don't I would so appreciate a few minutes of your time for any advice or direction you may have available. My interest has been label attention, but being 48 & holding a graduate degree I am educated enough to know the difficulty of that, but...my songs are currently playing around the world and receiving great attention everywhere they are played. Any listens will blessed back to you someday I am sure. God Bless Duane Lee Proctor - 843-450-4955 Music showcase: Free & Easy Downloads WWW.JAMWAVE.COM/DUANELEEPROCTOR WWW.JAMWAVE.COM/DLPUNPLUGGED WWW.DUANELEEPROCTOR.COM WWW.MYSPACE.COM/DUANELEEPROCTOR I am a former Police Detective Lieutenant/Private Investigator (certified) who’s only constant in life has been my music. I have been a performing singer songwriter since the age of 14 (now 48). I understand the music business and being a professional investigator I also understand the great impact the legal profession has on it, along with most other things in life. “:O)

I don’t know if you even consider song shopping or artist/management & promotion, but even if you don’t I would so appreciate a few minutes of your time
for any advice or direction you may have available.

My interest has been label attention, but being 48 & holding a graduate degree I am educated enough to know the difficulty of that, but…my songs are currently playing around the world and receiving great attention everywhere they are played. Any listens will blessed back to you someday I am sure.
God Bless

Duane Lee Proctor – 843-450-4955

Music showcase: Free & Easy Downloads

http://WWW.JAMWAVE.COM/DUANELEEPROCTOR http://WWW.JAMWAVE.COM/DLPUNPLUGGED

http://WWW.DUANELEEPROCTOR.COM
http://WWW.MYSPACE.COM/DUANELEEPROCTOR

]]> Comment on Second Circuit gets it wrong in Cartoon Network v. Cablevision by Stephen http://musicrowlaw.wordpress.com/2008/08/05/second-circuit-gets-it-wrong-in-cartoon-network-v-cablevision/#comment-609 Stephen Tue, 12 Aug 2008 20:51:35 +0000 http://musicrowlaw.wordpress.com/2008/08/05/second-circuit-gets-it-wrong-in-cartoon-network-v-cablevision/#comment-609 Actually, I beleive that the judge ruled CORRECTLY! Consider this: 1) I firmly beleive that these performances are indeed "private" not "public". The reason being is that the audience is one, inside a persons home, and more importantly, the person being in control decided which programs to tape. This is more analogous to private file storage on a server for computers in a computer lab. How Pay-Per-View and VOD differ is that the cable or satelite company is involved in setting a price and which programs they select. Ruling the other way would make each and every network file server operator for offices and computer labs liable for the actions of what each user puts in his/her private directory, as many domain controller setups store the users files on the server instead of own each individual lab computer. 2) The arguement that it would allow CableVision to have a full library of each and every program I beleive is also meritless. First of all, does every cablevision employee have access to them? Most will not under this setup, as the controls are made by the consumers accessing the service, not cablevision itself. Yes, the sysadmins may have full access, but do the sysadmins have full access to servers anyway? More importantly, if a user purges a file or if there is a purge after a certain time system was implemented, this means that they will probably not retain every program forever. Actually, I beleive that the judge ruled CORRECTLY! Consider this:

1) I firmly beleive that these performances are indeed “private” not “public”. The reason being is that the audience is one, inside a persons home, and more importantly, the person being in control decided which programs to tape. This is more analogous to private file storage on a server for computers in a computer lab. How Pay-Per-View and VOD differ is that the cable or satelite company is involved in setting a price and which programs they select. Ruling the other way would make each and every network file server operator for offices and computer labs liable for the actions of what each user puts in his/her private directory, as many domain controller setups store the users files on the server instead of own each individual lab computer.

2) The arguement that it would allow CableVision to have a full library of each and every program I beleive is also meritless. First of all, does every cablevision employee have access to them? Most will not under this setup, as the controls are made by the consumers accessing the service, not cablevision itself. Yes, the sysadmins may have full access, but do the sysadmins have full access to servers anyway? More importantly, if a user purges a file or if there is a purge after a certain time system was implemented, this means that they will probably not retain every program forever.

]]> Comment on Kristi Lee Cook signs with Nashville Label by Tony http://musicrowlaw.wordpress.com/2008/07/01/kristi-lee-cook-signs-with-nashville-label/#comment-586 Tony Sun, 10 Aug 2008 08:11:02 +0000 http://musicrowlaw.wordpress.com/2008/07/01/kristi-lee-cook-signs-with-nashville-label/#comment-586 It's about time we found a great country artist that is actually country. she can ride, rope, and sing. And better lookin that a new pair of tractor tires. Her performances on AI were good, but on tour are awesome. Can't wait to see her first video. It’s about time we found a great country artist that is actually country. she can ride, rope, and sing. And better lookin that a new pair of tractor tires. Her performances on AI were good, but on tour are awesome. Can’t wait to see her first video.

]]> Comment on Trademark Issues by William Monk http://musicrowlaw.wordpress.com/trademark-issues/#comment-469 William Monk Tue, 20 May 2008 18:16:17 +0000 http://musicrowlaw.wordpress.com/trademark-issues/#comment-469 Is there a distinction in trademark law between a surname alone ("Smith") and a first name-surname combination ("Ebenezer Smith")? Can a person (Ebenezer Smith) trademark a name similar to his own ("Ebbie Smith") if he were to use that as his professional name? That is, Ebenezer Smith publishes a magazine and calls himself "Ebbie Smith" as promoter of the magazine? Can a person running for public office (Barack Obama) trademark their name as a protection from mischief makers trying to discredit the candidate's campaign? Is there a distinction in trademark law between a surname alone (”Smith”) and a first name-surname combination (”Ebenezer Smith”)?

Can a person (Ebenezer Smith) trademark a name similar to his own (”Ebbie Smith”) if he were to use that as his professional name? That is, Ebenezer Smith publishes a magazine and calls himself “Ebbie Smith” as promoter of the magazine?

Can a person running for public office (Barack Obama) trademark their name as a protection from mischief makers trying to discredit the candidate’s campaign?

]]> Comment on New concurrent resolution, H.Con.Res. 244 introduced to combat performance fees for record labels by Gary D. King Pres.& C.E.O. Heritage Radio Society Inc. WYAR-FM 88.3 http://musicrowlaw.wordpress.com/2007/11/05/new-concurrent-resolution-hconres-244-introduced-to-combat-performance-fees-for-record-labels/#comment-464 Gary D. King Pres.& C.E.O. Heritage Radio Society Inc. WYAR-FM 88.3 Fri, 16 May 2008 16:21:17 +0000 http://musicrowlaw.wordpress.com/2007/11/05/new-concurrent-resolution-hconres-244-introduced-to-combat-performance-fees-for-record-labels/#comment-464 Correction of Website Correction of Website

]]> Comment on New concurrent resolution, H.Con.Res. 244 introduced to combat performance fees for record labels by Gary D. King Pres.& C.E.O. Heritage Radio Society Inc. WYAR-FM 88.3 http://musicrowlaw.wordpress.com/2007/11/05/new-concurrent-resolution-hconres-244-introduced-to-combat-performance-fees-for-record-labels/#comment-463 Gary D. King Pres.& C.E.O. Heritage Radio Society Inc. WYAR-FM 88.3 Fri, 16 May 2008 15:28:54 +0000 http://musicrowlaw.wordpress.com/2007/11/05/new-concurrent-resolution-hconres-244-introduced-to-combat-performance-fees-for-record-labels/#comment-463 Thank you so much for your support on this issue. After nearly a century, I'm glad this issue is being re-addressed. It has always been obvious to me what an important asset free over the air broadcasting is to anyone writing music or producing a recording. The relationship between broadcasters and the owners of the music & recordings should at least be recognized as a symbiotic one. Again, thank you for your efforts. G. King Thank you so much for your support on this issue. After nearly a century, I’m glad this issue is being re-addressed. It has always been obvious to me what an important asset free over the air broadcasting is to anyone writing music or producing a recording. The relationship between broadcasters and the owners of the music & recordings should at least be recognized as a symbiotic one.

Again, thank you for your efforts.

G. King

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