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Reasonable Balance

Intellectual property issues as they relate to art and music, legal news of all kinds, and takes on popular music.
By Nancy Prager, Esq.

Post Frequency: 0.3/day

Last Entry: January 29, 2015 at 12:02:13

Off Topic: Nobody thought they would get this far

Posted on April 08, 2008
As I sat in the bar watching the end of the 2008 NCAA Championship Game, my mind wandered back to the days I used to watch the Tigers play at the Mid-South Coliseum and Pyramid. I was never one to sit in the seat for the whole game, I would walk around to visit [...

OK Go, Net Neutrality and the reality of being paid for the use of music on the Internet

Posted on April 06, 2008
You probably remember seeing the video of four guys singing and dancing while keeping perfect time to a catchy song. At least one person must have sent you a link to the video on YouTube. Well the band was OK Go, and the song “Here it Goes Again...

Music, music everywhere? this time labels will be paid (and hopefully others too)

Posted on April 02, 2008
Okay, it is April 1 but this is not a joke, though I fear we may be fools… TDC, a Danish telecommunication provider has launched an unlimited music download service for their customers. 30 record labels, including three of the majors, have licensed music to TDC...

It has been a year? and what a year it has been.

Posted on March 30, 2008
This week marked the one year anniversary since I launched Reasonable Balance after an eventful weekend shopping for an MP3 player. In the interest of full disclosure, many months after writing my first post, I bought a pink Zune; which I love (and not just because of the color)! It is the age of [...

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Quick & Dirty Post: Nah Nah Nah Nah Nah Goodbye Torrentspy

Posted on March 27, 2008
As of today TorrentSpy has shut down the url www.torrentspy.com.� According to the notice they have posted, they shut down because “[t]he legal climate in the USA for copyright, privacy of search requests, and links to torrent files in search results is simply too hostile...

Billy Bragg rocks and royalties

Posted on March 23, 2008
Peter Jenner, rabble rouser extraordinaire, and I had a meeting a few years ago at SXSW where we discussed many things related to copyright, music and the Digital Age.� One of the main points during the conversation was that sites like MySpace had provisions in its terms and conditions that claimed a license in the [...

Off Topic: The importance of estate planning

Posted on March 10, 2008
Very rarely does a media story about a celebrity impart an important life lesson. Generally, most of us will not find ourselves in the same position as the celebrities the tabloids cover. The tragic death of Heath Ledger is, unfortunately, something that could happen to any of us...

Wednesday, March 12, a great day of learning at SXSW (if I may say so)

Posted on March 07, 2008
On Wednesday, March 12, I am presenting the Red Flags in Contracts panel at SXSW for musicians, and other interested parties.� My co-panelists, John P. Strohm and David Prasse, and I will highlight terms, provisions and issues which should raise concern for artists when they review contracts...

On Trent Reznor, Jill Sobule and the days of wine and roses

Posted on March 06, 2008
Earlier today my friend Edward sent me an article from arstechnica about Trent Reznor’s recent decision to release a digital album for free with an accompanying box set of the album with additional materials and the like for $300. According to reports, all 2,500 editions of the box set that were available for sale [...

Facebook on my Blackberry; it?s like waking up with an unwanted guest in bed

Posted on March 05, 2008
I recently had to reinstate my BlackBerry after it had gone missing for a few days. To my dismay and disappointment I discovered an unwanted application upon reactivation: Facebook. According to TMobile, “Facebook(r) is a social utility that connects you with the people around you...

Bob Lefestz please put down your pen and step away from the debate

Posted on January 30, 2008
For the past few years when I have read the Lefsetz Letter I have often pondered Mr. Lefsetz‘ positions on issues.� I generally have viewed him as the Ann Coulter of the music industry. However, after reading Mr. Lefsetz’ letter on Paul McGuiness’ speech at MIDEM this morning I will need no [...

Quick & Dirty Post: I heart U2 (and Mr. Paul McGuinness too)

Posted on January 29, 2008
I have often watched Bono’s activities for the betterment of the world with mixed emotions. I am thrilled that he has taken an incredibly personal and active interest in the plight of the poor. Honestly as a fan from my pre-teen years, I am not surprised by his dedication to the cause...

A unified copyright regime for a unified Europe?

Posted on January 04, 2008
The European Commission has launched an initiative to create a common intellectual property standard for content on the Internet that will apply throughout the European Union. The “Creative Content Online in Europe’s Single Market” initiative seeks to resolve the challenges online services face when they offer services in Europe...

It?s a new dawn, a new day and a new year?

Posted on January 03, 2008
The soundtrack for the beginning of 2008 for me included a bit of Nina Simone, including her cover of Feeling Good. Lately, I have developed a bit of an obsession on Nina Simone in the past few months. In addition to being an amazing singer, she wrote powerful and elegant songs...

Off Topic: Innocent until proven guilty ? unless you play baseball?

Posted on December 14, 2007
Believe it or not by Monday I am going to post a comparison of the current steroid scandal in baseball to copyright but first… Yesterday, George Mitchell, a former senator, and his law firm DLA Piper released a report based on an investigation about the use of performance enhancing drugs in baseball...

Standing with the Writers

Posted on December 03, 2007
When I was a little girl, my Grandmother P would marvel at the manner in which I watched television. She told me that I was the only person who could read or be otherwise occupied during a television show because I listened to the show instead of watching it...

Off Topic: Symbolic solidarity with the Pakistani legal community

Posted on November 14, 2007
I attended the solidarity rally the American Bar Association organized to support the lawyers in Pakistan who have stood up to General Pervez Musharraf and his “martial law.”�� I arrived shortly before William Neukom, the President of the ABA, spoke, declaring that the lawyers of America stand with their Pakistani colleagues...

Music Interlude: Giant Bear in Paste Magazine

Posted on November 13, 2007
This month Paste Magazine has featured Giant Bear in its 4 to Watch feature. The band plays a unique fusion of folk, bluegrass and good ol’ rock & roll. Its eponymous album on Red Wax Music highlights the band’s range and captures it soul...

Off Topic: Lawyers to rally in solidarity with our colleagues in Pakistan

Posted on November 12, 2007
On Wednesday, November 14, lawyers will gather on Capitol Hill to show solidarity with our amazing colleagues in Pakistan who are leading the fight for democracy. The American Bar Association has organized the event which will include a silent march in front of the Supreme Court to pay respect for the role an independent [...

Radiohead In Perspective, by the numbers

Posted on November 06, 2007
Sixty percent of individuals who downloaded In Rainbows from Radiohead did so without paying according to a report from ComScore. According to the report, the average price for the music from those who chose to pay the band was less than $6 US. Of course, the report did not take into account the [...

Good Poets Borrow, Great Poets Steal?

Posted on May 08, 2007
A reporter for NPR?s Morning Edition, used my favorite misquote in her ?Stanford Center Advocates for Fair Use on the Web? piece that aired on May 7, 2007. Though the quote is usually attributed to T.S. Eliot, Ms. Sydell attributed a slightly altered version of ?Good poets borrow, great poets steal? to Picasso, this [...

A Primer on Music Performance Licenses (Musical Compositions)

Posted on April 25, 2007
Among the exclusive rights granted to the owners of most copyrights is the right of public performance. As discussed in the Primer on Music Performance Licenses (Sound Recording), the public performance right for a sound recording is only available for music transmitted digitally or by satellite...

A Primer on Music Performance Licenses (Sound Recording)

Posted on April 24, 2007
The United States of America holds a special place in the hearts of the children of France. Not only does America export fabulous music, we subsidize the music education in French schools through funds collected on the performance of the music that is not able to be distributed to American performers and copyright owners...