Tag: copyright

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Transcript of OA367: Interview with the “All the Music” Creators!

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 367.  I’m Thomas Smith, that’s P. Andrew Tortoise, how ya doin?

Andrew:         [Laughs] [Turtle Impression] Welll I’mmmm doin finnne Thommmas.

Thomas:         [Laughs]  

Andrew:         How are you?

Thomas:         Well, you know.

Andrew:         I do.

Thomas:         Doin’ okay.  [Laughs]  

Andrew:         I do.  But I’m excited about today’s episode!

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OA367: Interview with the “All the Music” Creators!

Today’s episode is a continuation of Part 1, in which we discuss Damien Riehl and Noah Rubin’s “All the Music” project and the history and future of music copyright. We’ve got a special treat for you in that Damien and Noah are both on the show to answer our (tough!) questions. You won’t want to miss this fun discussion!

We begin, however, with a listener question/comment about attending law school and balancing costs, risks, and budgets that many of our listeners will undoubtedly find timely.

Then it’s time to bring on Damien Riehl and Noah Rubin for a fascinating deep dive into the mechanics, the law, and the public policy behind their “All the Music” project. Where should our sympathies lie? What changes to copyright law would better benefit music creators? How do Riehl and Rubin see the fundamental issues in music copyright? You won’t want to miss this!

After the interview, it’s time for the answer to #T3BE 169 involving a tainted witness identification and the permissibility of eliciting testimony in court. Can Thomas start a new winning streak?? Listen and find out!

Appearances

Andrew was just a guest speaker at Houston OASIS, and we’ll be working to bring you the audio of his speech from that event. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Our basics on music and copyright were covered in Episode 236 and then with a follow-up in Episode 288. Of course, we also covered Riehl and Rubin’s project in Episode 365 (“Every Melody Ever, Part 1”).
  2. For (some of) the details on Riehl and Rubin’s project, check out Riehl’s fascinating TEDx talk.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA365: Every Melody Ever, Part 1

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 365!  Wow, that means you can start episode 1 on January 1st of the year and get to now. 

Andrew:         [Laughs]  

Thomas:         I dunno why you’d wanna do that, but you could and it would be a full year.  Anyway, how’re you doing, Andrew? 

Andrew:         Well, I’m looking up after that now that you can get Opening Arguments every day for an entire year.

Thomas:         Yeah.

Andrew:         That’s, um, I feel good!

Thomas:         We can even do – we can pause at like a quarter through this episode and it would be 365 and a fourth.  Perfect!

Andrew:         [Laughs]  

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OA365: Every Melody Ever, Part 1

Today’s episode brings you our first look at the efforts by Damien Riehl and Noah Rubin to copyright “every melody ever” as part of a way of reconceptualizing copyright law as it applies to music. SPOILER: We’re going to have Riehl and Rubin on the show to discuss their work in more depth. We also discuss Chevron deference and a recent dissent by Clarence Thomas that’s No Laughing Matter.

We begin with a deep dive into the Riehl and Rubin “Every Melody Ever” effort, which builds upon the music copyright episodes we’ve previously discussed in Episode 236 (“Stairway to the Supreme Court”) and Episode 288 (“More on Led Zeppelin”). What exactly are Riehl and Rubin doing, and will it put an end to copyright lawsuits against musicians? Listen and find out!

After that, we check out a case (Baldwin v. U.S.) in which the Supreme Court refused to grant certiorari — and the dissent filed by Clarence Thomas. That prompted a headline that got some chuckles last week — “Clarence Thomas cites Thomas in overruling Thomas” — and we learn that (of course) this turns out to be no laughing matter, but part of a concerted effort to roll back not only a 2005 Clarence Thomas opinion, National Cable & Telecommunications Ass’n v. Brand X Internet Svcs., 545 U.S. 967 (2005), but Chevron deference itself. Find out why even the howler monkey contingent wanted to take a pass on this case — but not Clarence Thomas!

After all that, it’s time for the answer to perhaps the easiest #T3BE ever — or is it? (It is.) And remember, you can always play along with #T3BE by sharing out the show on social media!

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Our basics on music and copyright were covered in Episode 236 and then with a follow-up in Episode 288.
  2. For (some of) the details on Riehl and Rubin’s project, you can read the write-up in Vice.
  3. Finally, you can check out Thomas’s cert dissent in Baldwin v. U.S. here.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA342: Why the Supreme Court Should Scare You Even More Than It Already Does

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 342.  I’m Thomas Smith, that over there is Andrew Torrez, how’re ya doing sir?

Andrew:         I am fantastic.  I am on pins and needles for the drastic, dramatic OA fantasy football semi-finals tomorrow, I’ll be rooting for Blank Boxman since my team just narrowly missed making the playoffs.

Thomas:         Yeah.  Wait, this happens on Tuesday, so semi-finals already happened.

Andrew:         Oh yeah.  Well then there you go.

Thomas:         Time machine malfunction, everybody!  Andrew-

Andrew:         I’m basking in the glory of your upset victory.

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OA342: Why the Supreme Court Should Scare You Even More Than It Already Does

Today’s episode takes a deep dive into something the Supreme Court didn’t do last week — namely, it declined to grant certiorari to reverse an obviously incorrect decision of the Sixth Circuit (EMW Women’s Surgical Center v. Meier), in which that court upheld a blatantly unconstitutional Kentucky law mandating that women undergo a medically unnecessary ultrasound and listen to a script before undergoing an abortion.

We begin, however, with a delightful Frozen-themed listener question about the extent of copyright law and whether Josh Gad can start singing songs about how Brett Kavanaugh is a monster. (Hint: this is a fantastic idea.) We truly drill down on all the different ramifications of when you create an original character for yourself versus your employer.

After that, it’s time for the main sequence deep dive on EMW Women’s Surgical Center v. Meier and exactly why it’s surprising — and depressing — that the Supreme Court declined to grant certiorari in this case.

Then, it’s time to check in on #T3BE and see if Thomas can get this homebuying question right. Do you get to cancel a sale when the buyer hides water damages, and if so, why? Listen and find out!

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. If you want to go down memory lane, check out “Larry ‘Bud’ Melman” advertising “Mr. Larry’s Toast on a Stick” from the old Late Night With David Letterman show.
  2. You can read the 6th Circuit’s opinion in EMW Women’s Surgical Center v. Meier, 920 F.3d 421 (6th Cir. 2019) for yourself. The Kentucky law at issue is KRS 311.727.
  3. The 4th circuit decision we referenced is Stuart v. Camnitz, 774 F.3d 238 (4th Circ. 2014).
  4. Before the Supreme Court, check out (a) the cert petition; (b) the State’s opposition; and (c) the petitioner’s reply brief.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA303: Katy Perry & Facebook

Today’s episode checks in on the record-setting $5 billion settlement that Facebook reached with the Federal Trade Commission for, among other things, violating a prior consent order by enabling developers like Cambridge Analytica to access your data without your permission. Is this a good deal for American consumers? It’s complicated. Oh, and you also get more music law with Katy Perry, and so much more!

We begin with an update on the Senate’s last-ditch push to nominate more than a dozen new Trump nominees for lifetime appointments on the federal bench. And yes, despite widespread opposition, despite minimal credentials in many cases, and despite all of them having disqualifying right-wing ideologies… all were confirmed before the Senate decided to take a break. (Sorry for the bad news.)

Then, it’s time for the deep dive into the Facebook-FTC settlement, which does indeed impose the single largest penalty ever for a consumer protection violation. Learn why the Democratic minority at the FTC thought it wasn’t enough, and along the way you’ll learn a lot about the FTC.

After that, it’s time to revisit music law, this time with a jury verdict that Katy Perry violated the copyright of Christian rapper Flame. Andrew gives you the law, and Thomas gives you the music — you won’t want to miss this segment!

Then — as if that wasn’t enough — it’s time for the answer to a brand-new #T3BE involving beer, the Constitution, and the notions of justiciability and ripeness. It’s not quite as good as having a beer, but it’s still a good segment!

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Don’t forget that there are just 2 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they’re gone!
  2. Click here to read the FTC-Facebook settlement; click here for the Slaughter dissent; and here for the Chopra dissent.
  3. And then don’t forget all the Katy Perry pleadings, including (a) the lawsuit; (b) the jury verdict; (c) the proposed jury instructions; and (d) the proposed damages instructions.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!




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OA236: Stairway to… the Supreme Court??

Today’s deep-dive Tuesday tackles a long-running lawsuit by the estate of Randy California — the founder, lead singer, and guitarist for the band Spirit — alleging that Led Zeppelin stole the iconic riff for “Stairway to Heaven” from Spirit’s 1968 song “Taurus.”  With assistance from Thomas on guitar, we tackle all of the fun issues that are currently pending before the 9th Circuit… and possibly headed to the Supreme Court!

We begin, however, with two follow-up questions that got cut from Friday’s blockbuster show regarding the American Media, Inc. plea agreement:  (1) Could David Pecker still be indicted? and the big one:  (2) Can Donald Trump pardon a corporation?  The answer… may surprise you!

After that, it’s time for a deep dive into the law regarding musical copyright and an exploration of the similarities and differences between “Taurus” and “Stairway to Heaven.”  Where do Andrew and Thomas come out?  You’ll have to listen to find out!

After that, it’s time for the answer to Thomas Takes The Bar Exam #105 regarding a bank and a car dealership attempting to modify a contract.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We discussed the AMI deal in Episode 235.
  2. You can check out Spirit’s “Taurus” by clicking here.
  3. Click here to read the original (and awesome!) Randy California v. Led Zeppelin complaint; you can also read (1) the jury verdict by the trial court; (2) the brief filed by Taurus in the 9th Circuit; (3) the opposition brief filed by Led Zeppelin; (4) the 9th Circuit’s ruling; (5) the petition for rehearing en banc filed by Led Zeppelin; (6) the opposition to that motion for rehearing en banc; and (7) the just-filed reply brief by Led Zeppelin (filed 12-10-08).  Phew!
  4. Finally, click here for a mashup of “My Sweet Lord” (George Harrison) and “He’s So Fine” (The Chiffons).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

 

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