Lawyers for Katy Perry sent a cease-and-desist letter to a 3D printing company selling Left Shark, the uncoordinated costumed character who danced next to the singer during the Super Bowl.

Greenberg Traurig confirmed that its letter to the company, Shapeways, is authentic, CNN reports. The letter says Katy Perry owns the intellectual property associated with the shark image and has the exclusive right to display the copyrighted images. Gigaom, CNBC and the Los Angeles Times also covered the letter. Above the Law notes news coverage.

Shapeways complied and removed Left Shark from its catalog. According to its website, users can design a product with the help of a 3D printing app and upload it to Shapeways, which produces the product and sells it.

The designer who created the 3D model for Left Shark is Fernando Sosa, who typically creates 3D models with political themes. “It looks like dictators and world leaders like Putin and Kim Jong-un or Chris Christie are much easier to deal with,” Sosa told CNN. “All this lawyer crap is very stressful.”

Sosa told CNBC he offered to pay royalties to market Left Shark, but he was turned down. Sosa has since placed his design on Thingiverse, which requires the downloader to do the 3D printing, according to Gigaom. Sosa is offering the download for free.

The Los Angeles Times asked Santa Clara University law professor Eric Goldman to weigh in on the legal issues. He said an animal costume can be copyrighted if it’s not generic. There could be questions about ownership of the copyright if someone else designed the costume, and it wasn’t a work made for hire, or if the costume is based on an earlier work and the copyrights have entered the public domain.

Still unresolved, he said, is whether a company that offers 3D printing on demand can be liable for infringements of its users.

You can read more at Abajournal.

A federal judge in NEW YORK has, “largely rejected SIRIUS XM HOLDINGS INC’s request to reconsider her NOV. 14th decision in favor of members of the 1960s band THE TURTLES over the payment of royalties for songs made before 1972,” reports REUTERS. “U.S. District Judge COLLEEN MCMAHON rejected SIRIUS’ arguments that FLO & EDDIE INC, controlled by founding band members HOWARD KAYLAN and MARK VOLMAN, did not own copyrights in THE TURTLES’ recordings such as ‘Happy Together,’ or gave it an ‘implied’ license to play TURTLES songs.”

Back in OCTOBER (NET NEWS 10/3), fresh off their victory in their lawsuit against SIRIUSXM RADIO, VOLMAN and KAYLAN filed a class action lawsuit against PANDORA, alleging the same violation of state copyright protection for pre-1972 recordings. The suit was filed in CALIFORNIA, where U.S. District Judge PHILIP GUTIERREZ granted summary judgment for the plaintiffs in the SIRIUSXM case.

One thing went SIRIUSXM’s way, as MCMAHON ruled that FLO & EDDIE could only recover damages for copyright infringement for the three years before it sued on AUG. 16th, 2013 — not six years as she had previously suggested.

REUTERS notes, “a lawyer for FLO & EDDIE said the plaintiff plans by an APRIL 3rd deadline to formally seek class action certification on behalf of itself and other artists, rather than accept MCMAHON’s alternative of an immediate ruling on liability in its favor.”
– See more at: All Access News

MEDIABASE is going to launch a brand new Dance airplay chart; a 30-position chart posting each SUNDAY night at www.mediabase.com. The seven charter reporters are WXJZ/GAINESVILLE, FL; KYLI/LAS VEGAS, NV; WPTY/NASSAU-SUFFOLK, NY; KNHC/SEATTLE; iHEARTRADIO’s “Evolution;” MUSIC CHOICE “Dance” and SIRIUSXM’s “BPM.”

“We are excited to debut the new MEDIABASE Dance airplay chart,” RCS-MEDIA MONITORS-MEDIABASE Pres./CEO PHILIPPE GENERALI stated. “This new chart speaks to our ongoing commitment of providing the industry with the best charts, most accurate data, and useful breakouts. This is just another way to highlight the accomplishments of the recording industry that the artists who fuel the airplay of this genre.”

The first #1 on the Dance airplay chart belongs to ALESSO’s “Heroes (we could be),” featuring TOVE LO. Meanwhile, a couple of artists with solid track records of pop crossover hits are among the top five, including “Blame” from CALVIN HARRIS f/JOHN NEWMAN and “Dangerous” by DAVID GUETTA f/SAM MARTIN.

ALL ACCESS President & Publisher JOEL DENVER added,”We are very excited to have the MEDIABASE DANCE AIRPLAY CHART availabile to monitor the growing audience and fans of this important genre of music. ALL ACCESS will be making MEDIABASE DANCE AIRPLAY CHART available very soon in the ALL ACCESS DANCE section. We appreciate the support for the DANCE format from everyone at MEDIABASE including PHILIPPE GENERALI and PREMIERE EVP/Music And Partner Integrations ALISSA POLLACK.”

“This is a great day for Dance music!” ALL ACCESS Dance Editor CARY VANCE declared. “To have MEDIABASE make a commitment to the Dance music genre is incredible and shows the strength and impact that these stations and format are having at radio today.The festival attendees have been aware of how big the music is; the digital sales have shown how passionate the fans are for the music; and now with MEDIABASE monitoring these stations and having a Top 30 chart, radio and the labels will be able to see how big Dance music really is.”

“MEDIABASE is pleased to debut its new Dance Airplay Chart as a compliment to the industry’s best collection of monitored stations,” ALISSA POLLACK and KEVIN MCCABE said. “We have long felt the impact of Dance music on other MEDIABASE charts – and we’re glad to provide the community with its own unique breakout. All of us at MEDIABASE extend congratulations to the artists on the inaugural Dance Airplay chart – led by ALESSO/Heroes at #1!”

“Finally!!” – Lisa Orlando

– Read more at: All Access News

From Mojo to Lisa Lisa: Ashley Zlatopolsky recounts the rich history of dance music radio in the Motor City.

It can be a common misconception that since Detroit is the birthplace of techno, there is a huge presence for the genre on radio. But this notion strays far from reality, as the highpoints in Detroit’s dance music radio have been few and scattered over the course of the last 40 years – an odd twist considering Detroit’s massive impact in that region of music.

That said, Detroit’s select dance radio personalities and DJs over the years have had unique passion and vision, and their impact on the city’s disco, house, techno and soul scenes has been enormous. There was, of course, the reign of The Electrifying Mojo, who was followed by his successor of sorts Lisa “Lisa Lisa” Orlando. There was also the impact of Billy T, who was important to Detroit’s soulful house sound, and Alan Oldham’s late-night Fast Forward show, which brought numerous Detroit techno artists to the forefront. There was even a brief flurry of pirate radio, one of which was run by Juan Atkins, Kevin Saunderson and Derrick May.

For the full article, click the following link: Red Bull Music Academy’s History of Dance Music Radio

Detroit radio and dance music have a symbiotic relationship, but the personalities that have helped shape the city’s sound on air are relatively few. One of the biggest personalities aside from the legendary Electrifying Mojo is Lisa Lisa. In this extended interview, conducted as part of research for an article on Detroit radio, Ashley Zlatopolsky speaks to the on air personality about her history on the airwaves in the Motor City. Continue reading →

A federal judge has conditionally certified former SIRIUSXM RADIO interns as a class in the suit by former HOWARD STERN SHOW intern MELISSA TIERNEY over their unpaid status.

U.S. District Court for the Southern District of NEW YORK VALERIE CAPRONI made the certification after oral arguments on FRIDAY (11/7). The ruling is conditioned on SIIUSXM and the plaintiffs agreeing on class action notices by NOVEMBER 21st, and SIRIUSXM will have the chance to decertify the class, but the certification allows the case to proceed as a class action for now.

TIERNEY’s suit complained that she was assigned only menial tasks like fetching food, and the oral arguments centered on how interns at the radio company experienced similar situations at all of its locations. The case is one of several filed against media industry businesses over unpaid internships, notably FOX SEARCHLIGHT, CONDE NAST and HEARST.
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A CALIFORNIA state judge, MARY STROBEL, has handed down a major legal victory in the expanding campaign to secure compensation for pre-1972 recordings from services like SIRIUSXM and PANDORA.

Last FALL, a group of independent and major record labels sued SIRIUSXM in CALIFORNIA state court for using songs recorded before 1972 — including standards from the 40s and 50s, rock and roll from the 50s and 60s, and MOTOWN music — without paying the artists and rights holders royalties.

STROBEL granted the plaintiffs’ motion for jury instruction, ruling that CALIFORNIA law “must be interpreted to recognize … public performance rights in pre-1972 sound recordings.”

RIAA CEO CARY SHERMAN commented, “Two courts have now handed down landmark decisions which confirm what should be obvious — the pioneers of rock and roll and every other genre before 1972 deserve to be compensated when their music is used by companies like SIRIUSXM. It’s increasingly clear that SIRIUSXM, PANDORA and other digital music firms who refuse to pay legacy artists and rights holders are on the wrong side of history and the law. It’s time for that to change.”

Read more at: All Access News

A settlement report filed in CUMULUS MEDIA NETWORKS’ lawsuit against syndicated host MICHAEL BAISDEN in U.S. District Court in DALLAS says that the parties have “conferred informally on settlement, expect to have additional discussions regarding possible settlement and plan to schedule a more formal settlement conference in the future.”

The talks signal a possible resolution to the case before trial, which was previously set for AUGUST 3rd, 2015, with the parties ordered to participate in mediation by APRIL 15th of next year.

CUMULUS is seeking restitution of $1 million it says it accidentally paid the host due to an accounting error after he left the company when contract negotiations stalled in 2013.
– See more at: All Access News

Fresh off their victory in their lawsuit against SIRIUSXM RADIO, THE TURTLES — MARK VOLMAN and HOWARD KAYLAN, also known as FLO AND EDDIE — have filed a class action lawsuit against PANDORA, alleging the same violation of state copyright protection for pre-1972 recordings, reports THE HOLLYWOOD REPORTER. The suit was filed in CALIFORNIA, where U.S. District Judge PHILIP GUTIERREZ granted summary judgment for the plaintiffs in the SIRIUSXM case.

The PANDORA suit seeks at least $25 million for unpaid royalties.
– See more at: All Access News