Music Row Lawyer (C. Stephen Weaver)

Music and Film Piracy--Media Defender Hacked?

This last week has been a good one for illegal file sharing. A group calling itself "Media-Defender Defenders" successfully hacked the computers of Media Defender, a company that hires itself out to the music and film industries to help thwart piracy--particularly peer-to-peer files sharing. Thanks to the hackers, approximately 700mb of Media Defender's recent internal email has been posted on the internet. I am moved to blog this morning by a quote reported in the Wall Street Journal by the Media-Defender Defenders (the hackers). The Journal quotes Media-Defender Defenders as saying: "By releasing these emails we hope to secure the privacy and personal integrity of all peer-to-peer users."

"Personal integrity!" Give me a break! Webster's definition of "integrity": "Adherence to moral and ethical principles; soundness of moral character; honesty." So--Media-Defender Defenders are saying that he/she who steals the intellecutal property of another is adhering to moral and ethical principles? That the theives have "soundness of moral character" and are "honest"? Sorry--I just don't get it. I have represented songwriters and musicians for over 25 years and the ones I know don't get it either. They and their families deserve better than this.

Copyright © 2007 C. Stephen Weaver

Berman Supports Sound Recording Performance Right

Representative Howard Berman (D-CA), the powerful Chairman of the House Judiciary Subcommittee on the Internet and Intellectual Property, last week indicated his support for a right of public performance for owners and creators of Sound Recording Copyrights. This right does currently exist for digital performances (XM and Sirius Satelite radio for example) but not for terrestial radio performances. Songwriters and music publishers long have had this right, enabling them to be paid for "performances" of their music, most notably, from radio, television, night clubs, etc. The Copyright Act currently exempts sound recording copyright holders from the benefits of the same right on terrestial radio. Not surprisingly, terrestial radio broadcasters strongly oppose this proposed change in the law. The removal of the public performance exemption would mean that terrestial radio would now pay royalties not only to songwriters and music publishers, but also to recording artists and their record labels. Hmmm -- sounds equitable to me. Read more about this issue at the Future of Music Coalition website.

Copyright © 2007 C. Stephen Weaver