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To encourage investors the IP system must provide stability and predictability, says USPTO head

December 4, 2018 by Bruce Berman 0 Comments

IP is the engine that makes economic and cultural developments work and the USPTO keenly focused on facilitating this goal.

That was the message delivered by Undersecretary of Commerce and Director of the United States Patent and Trademark Office, Andrei Iancu, at the Second Annual Intellectual Property Awareness Summit in New York on November 29.

CIPU, CTV, Columbia University

IPAS was held by the Center for Intellectual Property Understanding (CIPU), an independent non-profit, in conjunction with the Columbia Technology Ventures, at the Columbia University’s School of Journalism.

“For the IP system to work as intended,” Director Iancu told the audience of IP owners, creators, executives and educators, “we must make sure future IP laws are predictable, reliable and carefully balanced.”

Director Iancu, who holds degrees in aerospace and mechanical engineering and who has taught at UCLA, said he believes that it is really important for new members of congress coming into office in January, as well as existing ones, be informed about the importance of intellectual property.

“They should be aware why IP is important to the economy and to America’s standing in the world and competitive position.”

“I would urge folks in this room,” he said referring to the IP professionals and educators present, “to talk about these issues with members [of Congress] in ways that relate to their priorities and constituents.”

A Different World

The Director told the audience that the battle for 5G is not likely to be limited to giant American companies but is international and being waged by the smallest and biggest countries; from Singapore, for example, to China.

“We live in a different world,” he concluded. “For the United States to maintain its competitive leadership it is critically important that we have an IP system and innovation and entrepreneurship ecosystem that encourages innovation; that provides stability and predictability, so folks can invest here in the U.S. confidently.”

The audio file of Director Iancu’s remarks and q&a is available at www.ipawarenesssummit.com.

IBM, Priceline, George Mason University

Other featured speakers at IPAS 2018 included Manny Schecter, Chief Patent Counsel of IBM and a member of the board of directors of the Center for Intellectual Property Understanding (CIPU); Jay Walker, inventor, entrepreneur, TEDMED curator and founder of Priceline.com; and Adam Mossoff, Director of the Center for the Protection of Intellectual Property (CPIP) at George Mason University College of Law.

IPAS also included 17 other speakers, four panels and three workshops focused on the IP literacy requirements of IP owners, creators, educators, investors and the public. For the full IPAS 2018 program, presenters and partners go here.

Image source: Russell Cusick Studio 

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USPTO Director Iancu, top-ten inventor Jay Walker and IBM’s patent chief + surprises set for IP Awareness Summit this week

November 26, 2018 by Bruce Berman 1 Comment

The IP Awareness Summit 2018 – IP literacy matters

The second annual Intellectual Property Awareness Summit is being held at Columbia University in New York this Thursday, November 29.

The Summit is being held by the Center for IP Understanding (CIPU), an independent non-profit. This year year’s theme is IP literacy in a digital world.

Featured speakers at IPAS 2018 include United States Undersecretary of Commerce and Patent and Trademark Office Director Andrei Iancu, whose recent remarks in favor of more certain patents and less rhetoric about patent licensing have been favorably received by IP owners.

Jay Walker one of the most prolific American inventors, curator of TEDMED and founder of Priceline.com will follow Director Iancu. Leading the group of featured speakers is Manny Schecter, IBM Chief Patent Counsel and a proponent of a clearer and more consistent definition of what is patentable.

Scholar and proponent of IP rights as property, Adam Mossoff, Executive Director of the Center for the Protection of Intellectual Property (CPIP), will round out the line-up of featured speakers.

A representative from the International Trademark Association (INTA) will speak about the growing problem of counterfeits and ways of addressing it through public awareness.

A few registrations are still available, here. 

Other Speakers & Panelists

Speakers from the International Trademark Association, Bloomberg Law, the Kellogg School fo Business, the Center for the Protection of Intellectual Property, the Global Innovation Policy Center (United States Chamber of Commerce), the rock band Cracker and other organizations from the US and Europe will be speaking and networking.

For the program, presenters and partners go here:

IPPro recently spoke with CIPU about IPAS 2018 and why today more than ever audiences need to understand the purpose and impact of IP rights. Excerpts follow (the entire article, “IPAS 2018: Why IP literacy matters,” is available, here).

What is the Intellectual Property Awareness Summit?

IPAS is an annual gathering of IP organizations, holders, educators and thought-leaders who believe that IP rights are frequently misunderstood and have come to be seen by many as unfair and unnecessary. IPAS 2018 is open to any interested party.

What is the goal of IPAS 2018?

At IPAS 2017 in Chicago, participants identified that there is a significant disconnect between how people see and use intellectual property. The problem is a result of confusion about why IP rights exist and who they benefit. A combination of inaccurate media coverage and vested interests are responsible for this false impression.

At IPAS 2018 we will “dig down” and start to identify whether or not there needs to be a set of basic standards for IP awareness for various audiences. What are the basics? How are they best communicated?The theme of IPAS 2018 is “IP literacy in a digital world.”

Information moves so much faster today. It is more accessible than anyone would have believed twenty years ago. Many businesses and individuals believe that basically “everything” accessible is available, and ideas are there for the taking.

Some U.S. lawmakers and courts have over-reacted to patent and other patent holders who wish to license their rights or enforce them, rendering many patents valueless. Some even believe that infringing IP causes no major harm and is a part of modern life.

A basic awareness of what IP rights are and do, and what is appropriate IP behavior, is something everyone needs – and it should come from a trusted source.

Why is IP awareness important?

The lines of IP ownership are sometimes poorly drawn and frequently misunderstood.

We need to start with IP professionals. They must recognize there is a problem outside of the IP community and even within it. There are intelligent people who believe that IP theft is not stealing.

Then, we need to identify the key audiences for better IP understanding: college students, educators, business schools, lawmakers, K-12 teachers, parents, investors, journalists.

What three or four basic IP principles do they need to know? Why? When should they be imparted? How?

It is no accident that the U.S. is the greatest nation when it comes to innovation, technology and authorship, including films and music. But that is changing.

The fast pace of communication and easy access to data do not let users off the hook when it comes to acknowledging IP rights. Respecting IP rights today may be more inconvenient for some than others, but it should not be more acceptable.

_____________________________

For more information about IPAS 2018, including registration information, please visit www.ipawarenesssummit.com.

To learn more about the Center for IP Understanding, go www.understandingip.org.

Image source: CIPU; understandingip.org

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IP Awareness Summit update: keynotes to include top-ten inventor, Jay Walker, USPTO Director Iancu and IBM’s Schecter

October 9, 2018 by Bruce Berman 0 Comments

Priceline.com founder and one of the most prolific and successful U.S. inventors in history will join USPTO Director Andrei Iancu and IBM Chief Patent Counsel Manny Schecter as featured speakers at the IP Awareness Summit in NYC on November 29.

The Summit will is being held by the Center for IP Understanding, an independent non-profit, at Columbia University’s famed Pulitzer Hall in the School of Journalism in conjunction with Columbia Technology Ventures.

Mr. Walker, an owner of TEDMED, which bridges the gap between science and the public, has long held that despite increases in U.S. technology and innovation, the patent licensing system is broken.

“The fact is that without a functioning licensing system we really don’t have what need to compete,” Mr. Walker, a former member of the Forbes 400, has stated. “Licensing is the way that inventions get into the economy; it’s the way they get used and brought into the marketplace and creates jobs and helps our economy to be more competitive.”

Mr. Walker is number eight on the U.S. all-time U.S. inventor list with 950 issued utility patents. Thomas Edison had 1,084. At the current pace, Walker will surpass Edison sometime in 2023. Many of his patents cover gaming and risk calculation.

Iancu and Schecter, too

Joining Mr. Walker as an IPAS 2018 featured speaker is USPTO Director Andrei Iancu, who will present at 1:30 and is likely to touch upon U.S. and China IP issues. Another featured presenter is Manny Schecter, Chief Patent Counsel of IBM, who will speak about the impact of a faster, more digitized world on IP and how it is seen.

Other speakers and panelists include a range of IP thought-leaders, owners, educators and organizations from the U.S., Europe and Asia, who will present and serve on panels. Luncheon breakout sessions will permit IP holders, creators and others to consider specific IP leadership challenges. Registration for IPAS 2018 is now open to the public but space is limited.

The IPAS 2018 theme – IP Literacy in a Digital World will be the basis for examining the impact of information and speed on how intellectual property is seen and often taken for granted, as well as ways to address the disconnect through education and the media.

To view the IPAS 2018 program and event website, visit www.ipawarenesssummit.com.

To register, go here.

The current list of IPAS 2018 participants and partners can be found on the home page. Persons who wish to apply for a discounted registration, contact explore@understandingip.org.

To learn more about the Center for IP Understanding, www.understandingip.org.

Image source: bloomberg.com; TEDMED

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IPCU readers can save $200 on IP Dealmakers Forum Nov 6-8 in NY

September 18, 2018 by Bruce Berman 1 Comment

Patent monetization is alive and improving.

Look no further than the 5th annual IP Dealmakers Forum, which will attract the top players in IP licensing, sales and litigation funding to the Alexandria Center overlooking NYC’s East River, November 6-8.

IP CloseUp readers can save $200 off of registration by using discount code IPDF18_CIPU.

Panels include:

  • IP Market Roundup: Light at the end of the Tunnel
  • In Patents We Trust: Government Updates & Outlook
  • Leveraging Data to Identify Valuable Patents
  • SEP, FRAND & Getting Ready for 5G
  • IP Investors Roundtable: Opportunities In and Around IP
  • What Matters Now: Navigating the New Deal Landscape
  • Corporate Governance & Activist Investing in IP

One-to-one meeting and networking sessions will be held throughout the conference.

A partial list of speakers includes:

  • Erich Andersen, Corporate VP & Chief IP Counsel, Microsoft
  • John Lindgren, CEO, IPVALUE
  • Todd Dickinson, Former Director, USPTO
  • Fred Fabricant, Head of IP Litigation, Brown Rudnick 
  • Paul Michel (ret.), former Chief Judge of CAFC
  • Hans Sauer, Deputy General Counsel for IP, BIO

For the full IPDF agenda, go here.

To register, go here.

CLE credit is available.

Images source: ipdealmakersforum.com

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IP CloseUp readers can save $100 on Patent Law & Policy DC event

September 11, 2018 by Bruce Berman 1 Comment

House Judiciary Committee’s Cong. Doug Collins (R-GA), a leading proponent of more effective IP legislation, will be a speaker at the 4th annual Patent Law & Policy conference to be held at the Ronald Reagan International Trade Center in Washington on November 23.  

Congressman Collins was instrumental in the success of the Music Modernization Act, a sweeping bi-partisan bill that brings the Internet in tune with songwriting and recording and provides a road map for fairer artists compensation while encouraging business

The House voted to support MMA 415-0. Cong. Collins is a strong supporter of patents, too. He spoke on patents earlier this year at Innovation Policy and IP, presented by the Center for IP Understanding. 

In addition to two keynotes, the Patent Law & Policy program will include the following panels:

  • Changing of the IP guard: the future of IP Policy
  • The litigation climate in 2018 and beyond
  • SEP FRAND
  • Developments at the PTAB
  • Winning tips for the PTAB

For the complete program, go here. For the list of speakers, here.

IP CloseUp readers can save $100 on the standard delegate rate by using code CIPU100 here: http://bit.ly/IAMPLAP2018

(NOTE: The code cannot be applied by IP service providers and is only valid for registrations made on or after September 3 2018.)

IAM’s Patent Law & Policy has established itself as the leading Washington D.C. event for anyone interested in how the legal and political climates shape the patent market. The event analyzes recent developments and the impact they could have on future proceedings, and responds to questions like How will the political climate shape the patent landscape? What effect will the new U.S. Congress have on the IP market?

Image source: iam-events.com; serrano.house.gov

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IP CloseUp is named a “top 50” intellectual property blog

August 21, 2018 by Bruce Berman 3 Comments

IP CloseUp has been named by Feedspot as a top-50 intellectual property blog.

Feedspot, a news aggregator, named the top 100 IP blogs in which IP CloseUp was number 48.  IPCU beat out quality competition, including many law firm publications and those from leading IP services providers.

Criteria for inclusion on the list includes number of searchers and followers, as well as content.

“It’s an honor to be recognized as a leader in IP news and analysis, especially in the company of such publications as IP Watchdog, IAM and IP Law 360,” said Bruce Berman publisher and editor of IP CloseUp. “IPCU’s mission is to spot relevant trends early with the help of our network of IP and industry contacts.”

IP CloseUp, which first appeared in 2010, covers original and thinly reported IP developments, events, people and transactions, via weekly posts. IPCU also makes available interesting videos and reviews new books. It’s coverage of automotive inventor Robert Kearns, who was depicted in the film, “Flash of Genius,” has generated more than 75,000 visits.

For the complete top-100 list, go here. 

Image source: feedspot.com

 

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Responsible deal-making is the focus of SF IP conference, 9/18

June 14, 2018 by Bruce Berman 0 Comments

Responsible IP deal-making – where parties enter into licensing and other agreements mutually – has become something of a lost art. Not long ago, it was a best-practice.

Many companies need to in-license to practice the inventions that cover their products. Similarly,  not every business has the capital to make products from its inventions. Those that do not, may need to out-license. Once a symbiotic relationship that could be effected without the need for litigation, much patent licensing has turned contentious and patent holders who wish to license are seen as bad actors.

“Patent Licensing: The Business of Responsible Licensing” hopes to change that. The location is the Golden Gate Club in San Francisco on September 18.

Post-“Troll” Environment

The day of the so-called “troll,” where licensing businesses armed with nuisance suits forced businesses to settle, is long gone, the victim of increased patent uncertainty and the high cost of litigation.

What is responsible licensing in today’s environment? What are fair and reasonable terms? This conference will examine various sides of the issue.

IP CloseUp readers receive a 15% discount with a promo code or mention they saw this article. (Service providers may not be eligible.)

Participating in the day-long event are licensing executives from Dow, Nokia, Visa, Samsung, Cisco, Intel, among others. Panels include:

  • Building a successful patent licensing strategy
  • The good, the bad, and the ugly of licensing transactions
  • Defining FRAND
  • International licensing
  • Strategic licensing scenarios

There will be ample breaks and time for networking.

For the complete program, go here.

For the list of speakers, here.

To register, go here.

Image source: iammagazine.com; mckinsey.com

 

 

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Rep. Collins speaks from IP experience at CIPU-GIPC innovation policy forum

May 10, 2018 by Bruce Berman 0 Comments

On Tuesday an open briefing was held in Washington to better understand U.S. innovation and IP policy. Congressman Doug Collins (R-GA), a supporter of strong and certain IP rights, launched the event with a personal account of his exposure to IP rights growing up in rural Georgia. 

He said that a number of his relatives and neighbors were chicken farmers, “some of whom invented new and more effective processes to produce and process eggs and poultry that were protected under IP law.”

The keynote comments of the Congressman were part of a program, “Innovation Policy and Intellectual Property: Building on a Strong Foundation,” held by the Center for Intellectual Property Understanding (CIPU), an independent non-profit, and the Global Innovation Policy Center (GIPC), a division of the United Stated Chamber of Commerce.

House Judiciary Committee

Congressman Collins is a member of the House Judiciary Committee, and also is on the sub-committee for the Courts, Intellectual Property and the Internet. He was a sponsor of the recently enacted, and broadly supported Music Modernization Act, which passed the House 415-0, and has developed and supported other IP-friendly legislation. “IP is a part of the fabric of the nation,” he said. “American freedom is tied to an effective IP system.”

Other presenters included CIPU board member Marshall Phelps, former Vice President of IP Business and Strategy at Microsoft and prior to that at IBM. Mr. Phelps also served as head of Government Relations for IBM in Washington in the 1980s, and previously was head of Asia-Pacific. He spoke about the threat to technology posed by “Japan, Inc.” in the Eighties, and how the U.S. was able to surmount the threat with the right combination of incentives.

“The threat to IP and innovation from China is real,” said Phelps in his introductory remarks, “but too much policy and the wrong incentives can create bigger problems. Making patent certainty a higher priority should be the first priority. Putting IP properly on the balance sheet would help, too.”

Manny Schecter, Chief Patent Counsel of IBM, also a CIPU director, and president of the Intellectual Property Owners (IPO) Education Foundation, was a panelist, as were, Alan Marco, former USPTO Chief Economist, Rob Atkinson, a pro-IP economist and President of the Information Technology and Innovation Foundation (ITIF), and Professor Adam Mossoff, an IP scholar and policy expert at George Mason University Scalia School of Law.

Among the goals of the panel was to explore:

  • What is U.S. innovation policy?
  • How does it relate to intellectual property?
  • Who should be responsible for it?
  • How should success be measured?

Audience Response

One the audience members asked if the Supreme Court, with Oil States and several other decisions, was “anti-IP.” The panel did not believe so, but thought that SCOTUS members may be poorly informed about the purpose and use if IP rights.

Another audience member stated the false narratives around phrases like patent “trolls” were part of a long-term “public relations campaign” that has seeded anger and hostility toward IP rights in general. He thought a sustained educational initiative could help to make the role of IP clearer for various audiences.

Image source: GIPC

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Patents for Financial Services Summit to examine IP system health

May 7, 2018 by Bruce Berman 0 Comments

The 15th Annual Patents for Financial Services Summit will gather patent and IP counsel, as well as senior financial executives, to discuss recent trends in financial patent litigation, value, and patentability.

The Summit will be held July 25-26 at the Sheraton Times Square in New York. Presentations include updates on CBMs, IPRs, Oil States vs. Greene, FinTech patents, and strategies to navigate the current IP landscape.

This year’s keynote is Hon. Susan Braden, Chief Judge, U.S. Court of Federal Claims. The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. It rules on patent and copyright claims against the government, among other areas.

IP CloseUp readers receive a $200 discount when they use registration code IPC2XX.

Financial and Tech Leaders

Heads of IP, patents or senior IP executives from leading financial institutions and technology companies will be speaking. They include MasterCard, Citigroup, The Hartford, Wells Fargo and JP Morgan Chase. Additionally, the Clearing House Payments Corporation (a consortium of leading banks) will be represented, as will IBM, by Chief Patent Counsel, Manny Schecter.

American Express, Royal Bank of Canada, Visa and Microsoft also will have representatives serving as panelists. Joe Matal, former Acting Director of the USPTO and 2017 PFFS Summit keynote, is a member of the “101: panel.”

Panels titles include:

  • Assess the Health of the U.S. Patent System and Discuss the Erosion of Patent Rights
  • Embrace Change at the PTAB
  • Bitcoin, Alt Coin, and Tokens: A Primer on How Intellectual Property Laws Relate

SPOTLIGHT SESSION:
Pursue §101 Eligibility Reforms

  • IP Considerations for the Digital Transformation of the Financial Services Industry
  • Identify Opportunities for Partnering with FinTech Companies
  • Predict the Future of Cryptocurrencies
  • Explore the Patent Issues Confronting Artificial Intelligence

For the complete program, go here. To register, go here. 

Image source: PatentVue.com

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Cong. Collins & Jeffries, and expert panel, will look at innovation policy and IP on May 8 in Washington

March 29, 2018 by Bruce Berman 0 Comments

WASHINGTON, DC –– What is innovation policy? What does it mean to U.S. competition and jobs? Who is responsible for it?

These are among the questions that will be addressed at an afternoon briefing held by the Center for Intellectual Property Understanding (CIPU) at the headquarters of the United States Chamber of Commerce headquarters in Washington on May 8.

The event will feature two leading proponents of IP rights, Congressmen Doug Collins (R-GA) and Hakeem Jeffries (D-NY), both members of the House Judiciary Committee, Sub-Committee on the Courts, Intellectual Property and the Internet.

“Innovation Policy and Intellectual Property: Building on a Strong Foundation” is being held by the Center for IP Understanding, an independent non-profit, and the Global Innovation Policy Center (GIPC), a division of the Chamber. Persons interested in receiving an invitation please contact CIPU at explore@understandingip.org.

Preceding the Congressmen will be a panel, “What is Innovation Policy? Why is it Necessary?” featuring leading experts on innovation, IP and the economy, including:

 – Manny Schecter – Chief Patent Counsel of IBM, board member of CIPU and the IPO Education Foundation
– Alan Marco – former Chief Economist for the USPTO and now Associate Professor of Public Policy at Georgia Tech
– Adam Mossoff – Prof. of Law at George Mason University, Center for the Protection of IP
– Robert Atkinson – founder and President of Information Technology and Innovation Foundation (ITIF), an independent think tank

Discussion Will Follow

A networking break will follow the panel and a reception will take place at the conclusion of the program.

Go here for information about the “Innovation Policy and Intellectual Policy: Building a Strong Foundation.”

“U.S. innovation policy and IP focus are seriously lacking,” said Marshall Phelps, former Vice President of IP Business and Strategy at Microsoft and at IBM, and a CIPU board member. “Other nations take their policies more seriously. The timing is right to dissect what U.S. innovation policy means and how it effects jobs and competition.”

Briefing partners and supporters include the Michaelson 20MM Foundation, the Kellogg School of Management at Northwestern University, Berkeley Research Group, the Tusher Center for Intellectual Capital Management at UC Berkeley-Haas and Open Invention Network.

Image source: understandingip.org; nesta.org.uk; theglobalipcenter.com; 

 

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“Strong IP Drives the Bottom Line” is theme of 2018 LESI Annual Conference

March 20, 2018 by Bruce Berman 0 Comments

This year’s Licensing Executives Society International (LESI) Annual Conference will have a financial focus and take place in San Diego April 20-May 1.

The plenary session keynote address by Mike Hoefflinger, “Think You Know Facebook’s Story …Think Again, and Learn Along the Way,” will look at the IP story behind the story.

After working directly for Andy Grove at Intel and as general manager of the Intel Inside program, Hoefflinger moved to Facebook to serve as Head of Global Business Marketing working with Sheryl Sandberg and Mark Zuckerberg.

Other LESI sessions include:

  • Doing Major Life Sciences Deals: The Keys to Success
  • Standard Essential Patent Licensing: Yesterday, Today and the Future
  • Best Practices For, and Latest Developments Regarding, Cyber-Security
  • Know-How Licensing

  • Artificial Intelligence: The IP Behind Disruption
  • Using Intellectual Property to Secure Debt Financing for Startups & Growth Companies
  • Blockchain and Cryptocurrency: New Tools for the Digital Economy
  • An International Perspective on Licensing in China: Experiences and Avoiding Potential Pitfalls

On May 2, LESI’s half-day Global Technology Impact Forum will feature keynote William J. Merritt, President and CEO of InterDigital.  GTIF is focused on managing IP issues for socially-beneficial business projects in less developed countries. The agenda and reservation can be found here.

For the full LESI meeting schedule, go here.

For the list of more than 60 speakers, go here.

To register, go here. For CIPU reader discount, use registration code “LESIMP-IPCU”

Image source: lesi.org; saba.com

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Why a $1.6B billion law suit for non-payment of royalties is not likely to affect Spotify’s March IPO

February 12, 2018 by Bruce Berman 0 Comments

Spotify recently filed confidential plans for an initial public offering to take place on March 31 on the New York Stock Exchange were thrown a curve when it was sued by Wixen Music Publishing for damages of at least $1.6 billion and injunctive relief. 

Wixen accused the Swedish company of streaming thousands of its their artists songs without compensation. Wixen’s 2,000 members include Tom Petty, Neil Young, the Doors and the Beachboys, which Variety says represent between 1% and 5% of music streamed.

Spotify has an estimated valuation of about $19 billion and $3 billion in annual revenues. As of fall 2017, the leading streaming platform had accumulated 140 million regular users, including 60 million paid subscribers. Initially, its shares will trade privately, allowing some early investors to cash out.

It would be the first major company to carry out a direct listing, an unconventional way to pursue an IPO. Spotify plans to simply list its shares on the NYSE and let them trade, and, for now at least, will not raise additional capital.

Silver Lining?

Horacio Gutierrez, Spotify’s General Counsel, was recruited from Microsoft in 2016 where he learned the licensing business under the stewardship of Marshall Phelps, an IP licensing pioneer. Before establishing MS’s leading patent licensing program, Phelps helped generate more than $1billion in annual royalties for IBM.

My money is on Gutierrez to settle this suit in a timely manner and for Spotify to move on, uniquely positioned for success.

“Forcing Spotify to step up and enter into an agreement with a major publisher that is fairer to its artists may expose the streaming site to similar deals, but it will also solidify its reputation as the content leader amid streaming services,” an industry observer told IP CloseUp. “It will likely set a precedent for others industry deals of this nature and make it more difficult for Pandora, YouTube, and others to continue paying token royalties.”

Wixen’s lawsuit, reports Rolling Stone, follows several other lawsuits that have focused on Spotify’s alleged failure to pay [appropriate] royalties on a song’s musical composition. Recorded songs have two separate copyrights: The sound recording, which is typically owned by the record label, and the musical composition (also known as the “mechanical license”), which is owned by the songwriter and publisher.

In 2017, Spotify settled a class action brought by Cracker front-man and artists rights activist, David Lowery and another artist, for $43 million.

Proposed Changes

In the meantime, the Music Modernization Act, a bill introduced in the United States House of Representatives on December 21, would impact copyright holders suing over mechanical reproduction after Jan. 1, 2018, which helps explain the New Year’s Eve lawsuit filing.

“We are very disappointed that these services will retroactively get a free pass for actions that were previously illegal unless we actually file suit before Jan. 1, 2018,” said Wixen president Randall Wixen in a statement to The Hollywood Reporter. “Neither we nor our clients are interested in becoming litigants, but we have been faced with a choice of forfeiting rights and damages, or taking action at this time.”

Image source: slashergear.com; wikipedia.org

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