RK Media (Nasty$) Sued by Eight Recording Studios
 

http://www.courthousenews.com/2010/07/09/28701.htm

Claiming 500 violations at $150k per violation before punitive damages.

LOS ANGELES (CN) - Major recording studios sued pay-to-see Internet website operators, claiming they violate copyright by synchronizing pornographic videos to songs by major artists. The studios claim that Miami-based RK Netmedia and Realitykings.com "are engaged in copyright infringement of the most blatant and offensive kind." They want the websites shut down, and punitive damages.
Warner Bros. and others claim the unlicensed use of their recordings in pornographic videos "tarnishes" the songs and "diminishes their value."
"In no uncertain terms, defendants are engaged in copyright infringement of the most blatant and offensive kind," the complaint states. "Defendants know that major record labels, recording artists, and music publishers do not license their works for use in such pornographic content, especially the type of extreme, sexually explicit videos that defendants produce and distribute. So, defendants simply stole these sound recordings and musical compositions, synchronizing plaintiffs' works more that 500 times into the soundtrack of their pornographic video without license or consent from plaintiffs, apparently hoping that their conduct would go unnoticed."
The defendants own and operate "no fewer than 28" for-profit websites that sell and distribute pornography, according to the complaint.
The complaint includes an 18-page list of violated copyrights, and claims that "defendants not only incorporated plaintiffs' works into their videos, but then used them to draw an audience to their Web site and to advertise and promote the videos, including by naming the videos after popular songs."
Besides lead plaintiff Warner Bros. plaintiffs include Elektra, Atlantic, and eight other studios.
In addition to disgorgement, punitive damages and an injunction, the studios demand maximum statutory damages of $150,000 per copyright violation.
The studios are represented by David Steinberg with Mitchell Silberberg.

can we get a smart assed snide off the cuff comment from pipecrew please?

Yep...NEVER use other people's music for your stuff. I can't believe that they are dumb enough to do that.

SHIT....I bet they are focusing on INTHEVIP.com with club music in the background.

FUCK Warner Bros.

Nevermind

Most of the music from INTHEVIP comes from the club which is kinda public domain.

i was wondering when that would happen. they use mainstream music in their videos all the time

not true.

people should do their research before posting in this thread.

Not true...they can be REAL dicks about that.

Night clubs have to pay a fee every year for the music that DJ's, cover bands, and jukebox's play.

They didn't use to be real bad about enforcing it...but in recent years with piracy killing the music industry, they are looking to pick up any and all money left on the table

You spoke too soon fine sire.

I am sure that gideongallery will clear up your confusion for you momentarily.

I believe a time machine, VCR and cloud will be involved.

:2 cents:

I have often wondered why this doesn't happen more often. You see porn with copyrighted music in it all the time and these are big, well known artists so you know the studios didn't pay the licensing fees.

LOL ... You beat me to it.

Yeah i talked to a lady once about her having music in her retail store. she was sent a bill for broadcasting it.

those music guys are cut throat

wrong, even bars get sued for using songs without having a license to use them.

Fair use since the music sucks.

yes ofcourse. you look nothing like colin farrell

and judging by all your negative posts. You could use a

http://4.bp.blogspot.com/_agHXcORx9e.../group-hug.jpg

Ouch!....

http://www.xbiz.com/news/122621

?As a copyright holder, RK greatly respects the need to enforce one?s intellectual property rights,? RK Netmedia attorney Lawrence Walters told XBIZ.

?That being said, there are some important fair use and 1st Amendment issues inherent in this action. It is RK?s hope that we can achieve a resolution to this matter that protects both the plaintiff?s copyright interests and RK?s right to free expression and commentary on popular culture.?

yikes ... 75m buckaroos :Oh crap

they are dumb enuff to use MOV format galleries, so what ya expect? brains?

Only a dumbass didn't see this coming eventually. If they are calling businesses specifically to try and hear music playing in the background that they can then sue the business for publicly playing, then yea, they'll have no qualms suing some porn company for playing unlicensed music in their vids.

Interesting. I wonder how this one will pan out?

That is why you should talk to an IP attorney because that is absolutely false to presume and exactly the kind of assumption that gets people into trouble like this.

Sorry but this gets those guys a great big "I TOLD YOU SO!!!"

Giddeon must be in court today to not hear from him yet.

ditto!..

Lol
Well done Kristin.

a lot of companies add music to their videos without permission, not many companies have been caught

and i wonder why nothing

I think it's the quantity and well, RK isn't small.

Had it been a guy doing ten joins per day ... Might be a different story.

FUCK YOU!

I can upload a video to YOUTUBE/REDTUBE/YOUPORN/etcTUBE with music in the background at a club that I recorded with my ANDROID and even watermark it as my own.

FIRST AMENDMENT RIGHT!


calling the Pirate Bay...

So if I were a musician, does that mean I can use random porn videos in the "background" to my music videos and watermark it, sell it.. as my own?

Several of the strip clubs I ran got hit with bills, and '98 was the first year I can remember it being enforced. We wouldn't volunteer until we got a letter in the mail, but sooner or later they always caught us...

Robert and Kevin...goodluck! :1orglaugh

Hope you didn't spend that few mil on Shaq's mansion. :1orglaugh

i dunno - you learn in first recording lesson not to use copyrighted music in the background.. not sure what went wrong here

really true :2 cents:

whats ever funnier is they own their own record label.

:winkwink:

Exactly, all it takes is someone to drop the word and all shit breaks loose

:1orglaugh:1orglaugh:1orglaugh

You just scored again

#1 rule in suing anyone - they must have the money to be able to pay if you win!

the lawsuit could take years.................

Yes, totally true in most cases... but we are talking attorneys for Ascap/BMI and they don't give a damn about that when they are willing to sue teenagers for downloads... A defendant with cash is just their wet dreams come true.

They will settle for a fraction of that amount.

Too bad they don't still have Jim Jonsin. He could have been some leverage here. lol

You have absolutely no clue or you are being facetious and I hope that is the case. Perhaps you could add a :winkwink: to clarify...

For the record, people don't have a right to the music to publish it for personal gain when it is recorded on private property without permission no matter what you think. Time for you to go back to school and brush up on the First Amendment... and once you get up to speed on Constitutional Law then you might consider some IP remedial classes as well.

And for the record... just because you or anyone else hasn't been "caught" yet doesn't make it ok. It just makes it a liability that should not be overlooked.

Larry Walters is a great First Amendment specialist so that is why he is taking that approach in his media quote but even he knows from his first year of Law School how Copyrights work and how much Case Law there is in support of those rights. It would just look really bad if he said "my clients are in a really, really freaking difficult position and they should probably get some big IP guns in here quick to broker a manageable settlement."

I was wondering when this would come. It was pretty clear to quite a lot of people that they were going to get into trouble over this.

sucks big time, music studios are just desperate and trying to go after anyone they can. they have an army of lwayers on the payroll that have to show up with something.

CD sales must be down a lot more this year I guess

Wow that's amazingly stupid for a big operation like RK.

That said, what "extreme" sites do they run exactly?

I'll be dammed... they can't afford music?