From Concerts to Comedy U.S. Business Entertainment Trends

Lewis Black, George Lopez, and the estates of Robin Williams and George Carlin among other well-known comedians have filed a motion for partial summary judgment in the continuous legal fight Yellow Rose Productions, Inc. v. Pandora Media, alleging that Pandora is violating their copyrights by streaming over 2,000 comedy routines without the required licenses. Pandora answers that its current record label licenses are enough to cover these appearances. This case not only begs important legal issues about the extent of rights required to license non-musical content like comedy, podcasts, and audiobooks in the streaming era, but it also reflects more general changes in the entertainment sector, where new technologies and distribution channels are testing established copyright law limits and driving content creators to be more proactive in protecting their rights and monetizing possibilities.

In this instance, the main concern is whether the underlying literary material that is

the jokes themselves—is included in license for sound recordings of comedy acts. Claiming that such rights are implicit in the license granted by the record label, Pandora obtained licenses from record companies for the sound recordings of the comedy performances but did not seek a separate license from the comedians or their licensing companies for the underlying routine as embodied by the sound recording. Like separate licenses needed for the master sound recording and underlying composition when streaming musical works, the comedians claimed Pandora breached their copyright by airing their comedy routines without first getting a license for the underlying work.Pandora claims that its practices follow industry standards, in which spoken-word humor has traditionally been licensed "at source"—that is, via contracts with record companies or distributors who "pass-through" the required rights from comedians, including fundamental comic routines. Pandora argues in its move for summary judgment that the "anomalous issue that uniquely impacts music: uncompensated performances of songs played by someone other than the songwriter" causes this practice to differ from licencing in the music industry. Pandora argues that licencing comedic performances does not present the same difficulties as the "dysfunctional" music business as comedians create and present their own stuff.Unlike Pandora's assertions, the comedians contend that discovery has shown almost all plaintiffs have signed licenses with third parties allowing for compensation for their routines unique from sound recording rights. Whether they are the same person or not, the comedians contend that their dual roles as performers and writers do not absolve the need for separate compensation for each element of their work.

that the rights to their literary content are unique from those rights to sound recordings of their performances

The comedians further contest Pandora's assertions regarding its agreements with record companies and distributors, contending that the plain wording of such agreements not only expressly forbids any licensing to underlying rights, but also demands Pandora to acquire such rights and pay any resulting fees. Except for musical compositions, Pandora claims that its licenses include all elements of sound recordings needed for public distribution.The result of this litigation could significantly affect how streaming services handle non-musical material licensing, therefore influencing perhaps industry-wide reforms. Should the court find in favor of the comedians, streaming platforms might start negotiating more all-encompassing licensing agreements for not only comedy but also other spoken-word materials including podcasts and audiobooks. Whether your business is digital service provider, distributor, or content producer, you should always review your licencing strategies to keep compliance and safeguard your intellectual property rights in this evolving environment and legal scene.Commercial real estate is being greatly impacted by the growing demand for live entertainment events. Landlords and small venues are reacting to the changing market as big companies like Live Nation extend their influence. This blog explores these relationships and their effects on the commercial real estate market.

Growing Concert Attendance

Pent-up demand following the epidemic and a flourishing music industry have combined to create a frenzy for live events. Notable statistics and trends include:Major players like Live Nation have the means to acquire outstanding musicians, thereby leaving smaller venues with competition.Smaller venues find it challenging to remain profitable since booking talent and maintaining operations costs are more for them.Small venues could find it difficult to capitalize on the music boom given less resources and restricted seating capacity.Renters Making Cash CallsLandlords take advantage of the need for live entertainment in several ways.Vacant retail space is being turned into event spaces, therefore bringing more income for landowners Short-term and flexible leases are becoming more and more popular since they let for events and pop-up performances free from long-term commitments.Landlords are working with concert organizers to plan events, therefore guaranteeing a regular flow of well-known performers attracting big audiences.Strategic adaptionsSmall venues and landlords are making calculated measures to handle the challenging landscape:Investing in distinctive, first-rate events will help smaller venues stand out from more general competition.Developing positive linkages with nearby artists and communities will help to boost client loyalty and return business.varied offers: Beyond events, adding various kinds of entertainment including comedy shows and private parties will assist to keep income sources flowing.Concerning Commercial Real EstateMore importantly for the commercial real estate industry is the rise in concert demand and how it affects small venues and landlords.