Summary: (http://www.entertainmentlawupdate.com/wp-content/uploads/2010/03/podcast-logo.png) Call us with your feedback: (310) 243-6231 In this Episode: Political campaigns raise the ire of copyright holders and newscasters A Canadian Lawyer's perspectives MegaUpload Golan v. Holder ruling Helicopters in video games... need a license? and more GET CLE CREDIT (http://cle-podcasts.com/store) for this episode. (http://www.entertainmentlawupdate.com/wp-content/uploads/Clio_-Online-Legal-Practice-Management-Software-SaaS-for-Lawyers-Attorneys-Law-Firms.jpg)Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com (http://www.goclio.com) and enter promotional code [ENTLAW]" Or, just visit http://entertainmentlawupdate.com/clio (http://entertainmentlawupdate.com/clio) Show Notes Hosts: Gordon P. Firemark Website: http://firemark (http://firemark/)http://theatrelawyer.com (http://theatrelawyer.com/), Twitter: @gfiremark (http://twitter.com/gfiremark) Tamera Bennett Website: http://createprotect.com (http://createprotect.com/) Twitter: @tamerabennett (http://twitter.com/tamerabennett) Bob Tarantino Blog: http://www.entertainmentmedialawsignal.com/ email: BTarantino@heenan.ca Bob Tarantino is a partner in the Entertainment Law group at Heenan Blaikie LLP and focuses his practice on the interface between entertainment and intellectual property law. Bob has been recognized as one of Canada’s leading lawyers in the area of entertainment law in the 2010, 2011, and 2012 editions of The Best Lawyers in Canada (Woodward/White). In 2010 he launched Heenan Blaikie's Entertainment & Media Law Signal, a collaborative blog by members of the firm's Entertainment Law group, which was recognized as a co-winner of the Best New Law Blog in the 2010 Canadian Law Blog Awards. NEWT GINGRICH CAMPAIGN’S MUSIC COPYRIGHT ISSUES Newt Gingrich’s campaign makes the news twice in a week for claims of copyright infringement of a song (http://www.hollywoodreporter.com/thr-esq/newt-gingrich-eye-of-tiger-lawsuit-285913). Rude Music Inc., owned by Frank Sullivan, a co-author of the song “Eye of the Tiger,” (http://en.wikipedia.org/wiki/Eye_of_the_Tiger) filed a copyright infringement lawsuit in federal district court in Chicago for Gingrich’s use of the song on the campaign trail. CANADIAN COPYRIGHT LAW APPROACH TO SIMILAR SCENARIO The Newt Gingrich Campaign has been using the song, “How You Like Me Now” at campaign events. Third Side Music, a Montreal Record Label that controls the rights to the song sent Gingrich’s team a cease and desist order. In the US, using a song at the public event requires securing a valid public performance license from ASCAP, BMI, or SESAC. Beyond that, an artist does not have the ability to restrict the use of their song at a political event. In Canada, the Canadian Copyright Act gives authors moral rights. The author of a work has the right to the “integrity” of the work which is ingringed if the work is, to the “prejudice of the honor or reputation of the author, distorted, mutilated or otherwise modified; or used in association with a product, service, cause or institution (Section 14.1, Section 28.2).” Thus, here, the use of the song in association with a cause (the campaign) prejudices the honor or reputation of the author and infringes his moral rights. Third Side Music is the Canadian music publisher that controls the rights to the song. Bob’s blog post at Entertainment Media Signal: http://www.entertainmentmedialawsignal.com/2012/01/articles/music/canadian-copyright-and-campaigns-moral-rights-edition/#.TyYIdrXVzI8.twitter
