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ARTICLE · 03 APRIL 2006

2005 IP Year In Review

This article highlights legal issues affecting the media and entertainment industries.

United StatesIntellectual Property

Article written and edited by Sedgwick's Los Angeles based Media Law Group

Digital Music Cases

Palladium Music, Inc. v. Eat Sleep Music, Inc., 398 F.3d 1193 (10" Cir. 2005)

Palladium Music created karaoke music sound recordings from original music recordings. The recordings did not incorporate any portions of the original sound recordings, or change the underlying musical composition. Palladium Music did not seek a license from the owners of the underlying musical compositions and later submitted its karaoke sound recordings for copyright registration.

Palladium licensed its karaoke recordings to defendant Tennessee Production Center (TPC) to combine into private-label karaoke products. Palladium later tried to restrict TPC’s sale and use of the sound recordings over the Internet; however, TPC did not sign the proposed license agreement containing such online restrictions. TPC allowed co-defendant Eat Sleep Music (ESM) to distribute Palladium’s sound recordings as digital files

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