Posted on March 10, 2010 by Davis Wright Tremaine

The Basics of Music Licensing in Digital Media

03.10.10
By David D. Oxenford and Robert J. Driscoll

Businesses that are involved in digital media use music in many ways—and most require some sort of license to make the use legal. Whether the music is used in an advertisement or a music video, on a Web site or delivered via another digital platform, licenses are usually required. Unfortunately, there are a variety of rights that may be needed, depending on how the music will be used, so knowing what you need to do to avoid liability is not always easy.

Making it even more complicated is that fact that the different rights are often obtained from different individuals or groups, and it is not always easy to determine where to go to get the necessary rights. This advisory provides a basic description of some of the rights necessary for some of the most common uses of music under United States laws and where to obtain such rights.
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Posted on January 12, 2010 by Joseph M. Wallin

''Incorporation Transparency and Law Enforcement Assistance Act''

For a copy of this proposed federal bill, see here.

This bill would require states to collect beneficial ownership information from applicants forming corporations or limited liability companies. The beneficial ownership information would have to: 1) identify each beneficial owner by name and current address, and 2) if the beneficial owner exercises control over the corporation or limited liability company through another legal entity, it would have to identify each such legal entity and each such beneficial owner who will use that entity to exercise control over the corporation or limited liability company.

States would also be required to collect updates of the list of beneficial owners in annual filings, or require disclosure each time a change is made in beneficial ownership. I have installed a tracker from govtrack.us to track the progress of this bill through Congress. Click on "Bills and Resolutions" and search "S.569."

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Posted on December 24, 2009 by Joseph M. Wallin

Public Policy Concerns For Startups in 2010

There are at least two significant public policy items of concern for startups as we move into 2010.

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Posted on April 8, 2009 by Joseph M. Wallin

What Size Venture Fund Will Be Required To Register With The SEC?

The Obama Administration is proposing that venture funds above a certain size be required to register with the SEC. 

"All advisers to hedge funds (and other private pools of capital, including private equity funds and venture capital funds) whose assets under management exceed a certain threshold should be required to register with the SEC." 

See  FinancialStability.gov:

Currently, venture funds are generally not required to register with the SEC.  This proposed requirement that venture funds above a certain size will be required to register with the SEC may at the margins cause certain funds not to be formed, and slow down capital formation, capital flows to startup companies, and ultimately innovation.  Let us hope that the size requirement will be large enough not to have these effects.  We will keep you posted when we learn more.

 

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Posted on April 4, 2009 by Joseph M. Wallin

Proposed Cybersecurity Act of 2009

 Cybersecurity is and is going to be a significant issue in the years to come.  Some of the latest legislative action on this front is the proposed Cybersecurity Act of 2009, which would among other things:

  • Establish the Office of the National Cybersecurity Advisor within the Executive Branch, who would report directly to the President and who would serve as the lead on all cyber matters coordinating with the intelligence agencies as well as civilian agencies. 
  • Require the Commerce Secretary to "develop or coordinate and integrate a national licensing, certification, and periodic recertification program for cybersecurity professionals."
  • Beginning 3 years after the date of enactment of the Act, make it "unlawful for any individual to engage in business in the United States, or to be employed in the United States, as a provider of cybersecurity services to any Federal agency or an information system or network designated by the President, or the President’s designee, as a critical infrastructure information system or network, who is not licensed and certified under the program."

The bill would also allow the President to "declare a cybersecurity emergency and order the limitation or shutdown of Internet traffic to and from any compromised Federal government or United States critical infrastructure information system or network."

For govtrack.us tracking information, see here.

To read Senator Rockefeller's press release, see here.  

Other news coverage at cnet, engadget, and Mother Jones.

 

 

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