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NBC, Vivendi Aim Higher with Merger


U.S. television network NBC won Vivendi Universal’s marathon show-business auction on Tuesday with a proposed merger to create a new entertainment industry giant worth more than $40 billion. NBC, a unit of General Electric Co., clinched exclusive negotiating rights to finalize a deal that would give it a major film studio, more cable channels and theme parks to vault the No. 1 U.S. broadcast network closer to the ranks of such global titans as Walt Disney Co. and Viacom Inc. If the deal is completed, the new company, to be called NBC-Universal, would include Vivendi’s Universal Pictures, the Hollywood studio… Read more »

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Copyright office rules against BMI


In a landmark opinion, the United States Copyright Office has affirmed the right of musicians to perform original compositions copyrighted in their own names, and traditional music in the public domain, anywhere they want to, whether or not the venue has a license from ASCAP, BMI or SESAC. The opinion comes in response to an inquiry from Congressman John M. McHugh (R, NY) on behalf of Richard Hayes Phillips, a performing musician. Mr. Phillips had lost a job as the only musician at Schemmy’s Restaurant in Rhinebeck, New York, after the owners received a series of threatening letters from BMI,… Read more »

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All-American Rejects Make 'Time Stand Still' With New Single


Subtlety is not a trademark for the All-American Rejects, but neither is specificity. Most of the band’s songs address bad relationships and broken hearts, but details of the scarring experiences are often missing. On the group’s next single, vocalist Tyson Ritter sings, “Life is turned, the day I knew you would leave/ I can barely breathe/ Can you hear me scream?” That’s about as close as the Rejects get to confessional revelation. So what exactly is the tune about? “It’s about 96-beats-per-minute and it’s in the key of C major,” quipped bassist Nick Wheeler in a most unhelpful manner. “It’s… Read more »

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BC, MIT decline to name students in music-use case


Boston College and the Massachusetts Institute of Technology, citing concerns about student privacy, moved yesterday to quash subpoenas issued by the recording industry to discover the identities of students the industry says are illegally distributing copyrighted music. The moves represent one of the first major obstacles for the recording industry in its campaign against ordinary computer users who share copyrighted music. Jonathan Lamy, a spokesman for the Recording Industry Association of America, said he was disappointed and vowed legal action to obtain the information. “These universities have chosen to litigate this in an attempt to deny copyright holders the right… Read more »

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Metallica's Bogus Chord Claim


Earlier this week, reports of Metallica’s latest lawsuit surfaced, this one against a Canadian band for trademark infringement over the heavy metal band’s branded E, F chord progression. Lars Ulrich & Co., who have found themselves in court battling everything from lipstick and perfume to tires and Napster, were widely criticized for this latest legal nitpicking. “How pathetic,” chimed in one critic on the Encyclopedia Metallica Website, echoing a sentiment similar to those found on several message boards. Problem is, the lawsuit is a fake, concocted by an Internet prankster who happens to be the lead singer-songwriter of the Canadian… Read more »

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Rancid Album Won't Mention Warner Bros. Name


In a move likely designed to appeal to fans disappointed by indie punk band Rancid’s switch to Warner Bros., the group’s new album will not carry any mention of the label’s name. The veteran act has left its long-time home of Hellcat/Epitaph Records for the release of its forthcoming album, “Indestructible,” due Aug. 26. A spokesperson for the band says Rancid will continue to be aligned with Hellcat, the label co-run by frontman Tim Armstrong and Epitaph founder/Bad Religion member Brett Gurewitz. “It’s a unique deal that doesn’t play by the traditional record biz rules,” says the spokesperson. “It’s Rancid… Read more »

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Where Mouth Geysers Meet Cheesy Macaroni – Warped (Tour) Indeed


It was as if the tattooed hand of a punk rock god reached down and anointed Andrew W.K. The hard partying rocker was enthusiastically playing his anthem “I Get Wet” as the skies opened up and a torrential downpour put an early end to the eighth stop on this year’s Vans Warped Tour. He always sports a maniacal smirk and a dirty T-shirt, but even W.K., surrounded on the stage by a dozen head-banging fans, couldn’t help but laugh. Just one week into a grueling cross-country summer trek, the ninth edition of the punk and extreme-sports tour experienced both kinds… Read more »

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RIAA Plans Lawsuits Against File Traders


The chief lobby group of the nation’s major recording labels today said it is preparing hundreds of lawsuits against Internet users who illegally trade copyrighted music files. The lawsuits will target people who share “substantial” amounts of copyrighted music, but anyone who shares illegal files is at risk, RIAA President Cary Sherman said in a conference call today. The first round of lawsuits will be prepared during the next eight to 10 weeks. They will ask for injunctions and monetary damages against file swappers, Sherman said. “We have no hard and fast rules about how many files you have to… Read more »

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Former Blink 182 Roadie Sues Over Album Title


A former roadie for Blink-182 claims he’s the smart aleck who came up with the title Take Off Your Pants and Jacket, which the band used in 2001 for its fifth album. Larry Palm filed a lawsuit against the band on Thursday in Los Angeles Supreme Court for breach of oral and/or implied contract, promissory estoppel, fraud and unjust enrichment. According to the lawsuit, Palm claims that Mark Hoppus, Tom Delonge and Travis Barker asked him for a suggestion for a title. Palm says he suggested Take Off Your Pants and Jacket around January 2001, and entered into an oral… Read more »

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Former Dead Kennedys Singer Must Pay Back Royalties, Damages


Former Dead Kennedys lead singer Jello Biafra must pay $220,000 in back royalties and other damages to the other members of his band, an appeals court judge has ruled. A three-judge panel of a state appeals court in an unpublished opinion Wednesday upheld an earlier ruling against Biafra for breach of contract and fraud. Telephone calls to Biafra’s manager and lawyer Thursday were not immediately returned. The panel also decided that the band’s creative output, including songs “Holiday in Cambodia” and “Kill the Poor,” belongs to a partnership formed among the four band members. But the panel reversed the lower… Read more »

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