Month: July 2025

United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: Brief by the National Society of Entertainment & Arts Lawyers

In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).

Cyril’s attorney Tim Kappel explains the case if you need an explainer:

An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by the National Society of Arts & Entertainment Lawyers. The brief argues that the Copyright Act’s plain text and legislative history support a unified, comprehensive termination right that revokes all rights granted in a prior transfer, regardless of geographic scope. It rejects the notion of a “multiverse” of national copyrights, citing international treaties like the Berne Convention and longstanding U.S. policy favoring artist protection. Limiting terminations to U.S. territory, the brief warns, would gut the statute’s purpose, harm artists, and impose impossible burdens on creators seeking to reclaim their rights.

We believe the answer on appeal must be yes–affirm the District Court’s well-reasoned decision. Congress gave creators and their heirs the right a “second bite at the apple” to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.

That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said, Congress did not give authors a second bite at half the apple.

Read the brief below, watch this space for case updates.

Nat Soc Ent Lawyers Amicus VetterDownload
by Trichordist

Who’s Really Fighting for Fans? A Closer Look at the DOJ/FTC Ticketing Consultation

The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”

EO 2025-05906Download

This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.

Over the next several posts, I’ll be highlighting individual comments submitted to the DOJ/FTC inquiry. Some are technical, some personal, and some blisteringly direct—but all speak to the fundamental imbalance between artists, fans, and the multi-layered resellers, bots, and platforms that profit from both ends of the transaction.

This isn’t just about high prices. It’s about ownership, transparency, control, and accountability and the lenders who fuel the fraud. Many of the commenters argue that ticketing is no longer just a marketplace—it’s a manipulated, closed-loop ecosystem in which the reseller’s house always wins. And for too long, the architects of that system have claimed there’s nothing to see here. There is plenty to see here.

Each post in this series will spotlight one of these submissions that I have selected—not just to amplify the voices that took time to respond, but to help connect the dots on how the ticketing industry got here, who’s benefiting, and what needs to change.

We all have to be grateful to Kid Rock who brought this debacle to President Trump’s attention and to the President himself for making it a priority. We also have to thank Senator Marsha Blackburn for her continued defense of artists through her BOTS Act co-sponsored with Senator Blumenthal. Senator Blackburn has long opposed the use of automated fraudster systems to extract rents from fans and artists and we hope that the DOJ/FTC inquiry will also shed light on why there have been so few prosecutions.

Stay tuned for the first in the series. Spoiler alert: it’s going to be hard to argue that this is a “free market” when fans are bidding against bots and artists are not allowed to control the face value of their own shows. 

This is a summary of a lot of the more involved issues that came up in the comments:

1. Speculative Ticket Listings

Resellers frequently list tickets for sale without possessing them, misleading consumers and inflating prices. These listings distort market data and should be treated as deceptive under federal consumer protection law.

2. Price Manipulation Through Bots

Automated bots are used to hoard tickets and create artificial scarcity, driving up resale prices. This not only violates the BOTS Act but enables unfair competition that harms consumers.

3. Deceptive Use of Venue, Artist, or Promoter Branding

Resellers often use official names and branding in ads, URLs, and metadata as well as typosquatting or URL hacking to trick consumers into believing they are purchasing from authorized sources. These deceptive practices undermine market transparency.

4. Misleading “Sold Out” or Urgency Claims

Some platforms advertise that events are “sold out” or create false urgency (e.g., “only 2 left at this price”) when primary tickets are still available. These tactics constitute false advertising and manipulative marketing.

5. Concealment of Total Ticket Cost 

Fees are often hidden until checkout, misleading consumers about the true price. This “drip pricing” violates FTC guidance on transparent pricing and impairs consumers’ ability to comparison shop.

6. Resale of Non-Transferable or Restricted Tickets

Resellers list tickets that are explicitly non-transferable or designated will-call only, often in violation of the event organizer’s terms. Consumers risk being denied entry without recourse.

7. Lack of Delivery Guarantees and Refund Accountability

Many platforms offer no guaranteed delivery or refund protection when tickets are invalid or undelivered—despite charging substantial markups—leaving consumers with no remedy.

8. One-Sided Arbitration and Waiver Clauses

Some resale platforms impose forced arbitration clauses and class action waivers, effectively denying consumers access to meaningful remedies, even in cases of systemic fraud.

9. Failure to Disclose Broker Status or Ticket Quantities

Platforms often fail to identify brokers or disclose the number of tickets held, undermining market transparency and the ability of venues and regulators to detect fraud or hoarding.

10. Bankruptcy as a Shield Against Accountability

Resellers may use bankruptcy to discharge obligations arising from fraudulent or deceptive conduct. Congress should consider amendments to make such claims nondischargeable, similar to fraud-based exceptions under 11 U.S.C. § 523(a).

11. Federal RICO Liability for Coordinated BOTS Act Violations

The use of automated ticket-buying tools in coordinated schemes between resellers and bot developers may give rise to federal RICO charges under 18 U.S.C. §§ 1961–1968. The following are three plausible RICO predicates when tied to a pattern of violations:

   (a) Wire Fraud (18 U.S.C. § 1343): Automated bulk purchases made using false identities or obfuscated IP addresses may constitute wire fraud if they involve misrepresentations in interstate commerce.

   (b) Access Device Fraud (18 U.S.C. § 1029): Bot schemes often involve unauthorized use of payment cards, CAPTCHA bypass tools, or ticket platform credentials, qualifying as trafficking in access devices.

   (c) Computer Fraud and Abuse (18 U.S.C. § 1030): Bypassing ticket site security measures may amount to unauthorized access under the CFAA, particularly when done for commercial advantage.

These acts, when carried out by a coordinated enterprise, support civil or criminal RICO enforcement, particularly where repeat violations and intent to defraud can be established.

by Trichordist

@RickBeato on AI Artists

Is it at thing or is it disco? Our fave Rick Beato has a cautionary tale in this must watch video: AI can mimic but not truly create art. As generative tools get more prevalent, he urges thoughtful curation, artist-centered policies, and an emphasis on emotionally rich, human-driven creativity–also known as creativity. h/t Your Morning Coffee our favorite podcast.

by Trichordist Editor

United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: Brief by Music Artists Coalition, Black Music Action Coalition, Artists Rights Alliance, Songwriters Of North America, and Screen Actors Guild-American Federation Of Television And Radio Artists

In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).

Cyril’s attorney Tim Kappel explains the case if you need an explainer:

An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by Music Artists Coalition, Black Music Action Coalition, Artists Rights Alliance, Songwriters Of North America, And Screen Actors Guild-American Federation Of Television And Radio Artists–that’s right, the SAG-AFTRA union is with us.

We believe the answer must be yes. Congress gave creators and their heirs the right a “second bite at the apple” to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.

That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said, Congress did not give authors a second bite at half the apple.

Read the latest amicus brief below, watch this space for more.

MAC, et al. Amicus Brief in Support of Plaintiffs-Appellees_Vetter v. Resnick_Final_06.20.25Download
by Trichordist

United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: The Authors Guild, Inc., Dramatists Legal Defense Fund, Inc., Novelists, Inc., Romance Writers Of America, Inc., Society Of Composers & Lyricists, Inc. and Songwriters Guild Of America, Inc.

In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).

Cyril’s attorney Tim Kappel explains the case if you need an explainer:

An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by The Authors Guild, Inc., Dramatists Legal Defense Fund, Inc., Novelists, Inc., Romance Writers Of America, Inc., Society Of Composers & Lyricists, Inc. and Songwriters Guild Of America, Inc.

We believe the answer must be yes. Congress gave creators and their heirs the right to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.

That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said Congress did not give authors a second bite at half the apple.

Read the latest amicus brief below.

Authors Guild et al Amicus BriefDownload
by thetrichordist

Senator Cruz Joins the States on AI Safe Harbor Collapse— And the Moratorium Quietly Slinks Away

Silicon Valley Loses Bigly

In a symbolic vote that spoke volumes, the U.S. Senate decisively voted 99–1 to strike the toxic AI safe harbor moratorium from the vote-a-rama for the One Big Beautiful Bill Act (HR 1) according to the AP. Senator Ted Cruz, who had previously actively supported the measure, actually joined the bipartisan chorus in stripping it — an acknowledgment that the proposal had become politically radioactive.

To recap, the AI moratorium would have barred states from regulating artificial intelligence for up to 10 years, tying access to broadband and infrastructure funds to compliance. It triggered an immediate backlash: Republican governors, state attorneys general, parents’ groups, civil liberties organizations, and even independent artists condemned it as a blatant handout to Big Tech with yet another rent-seeking safe harbor.

Marsha Blackburn and Maria Cantwell to the Rescue

Credit where it’s due: Senator Marsha Blackburn (R–TN) was the linchpin in the Senate, working across the aisle with Sen. Maria Cantwell to introduce the amendment that finally killed the provision. Blackburn’s credibility with conservative and tech-wary voters gave other Republicans room to move — and once the tide turned, it became a rout. Her leadership was key to sending the signal to her Republican colleagues–including Senator Cruz–that this wasn’t a hill to die on.

Top Cover from President Trump?

But stripping the moratorium wasn’t just a Senate rebellion. This kind of reversal in must-pass, triple whip legislation doesn’t happen without top cover from the White House, and in all likelihood, Donald Trump himself. The provision was never a “last stand” issue in the art of the deal. Trump can plausibly say he gave industry players like Masayoshi Son, Meta, and Google a shot, but the resistance from the states made it politically untenable. It was frankly a poorly handled provision from the start, and there’s little evidence Trump was ever personally invested in it. He certainly didn’t make any public statements about it at all, which is why I always felt it was such an improbable deal point that it was always intended as a bargaining chip whether the staff knew it or not.

One thing is for damn sure–it ain’t coming back in the House which is another way you know you can stick a fork in it despite the churlish shillery types who are sulking off the pitch.

One final note on the process: it’s unfortunate that the Senate Parliamentarian made such a questionable call when she let the AI moratorium survive the Byrd Bath, despite it being so obviously not germane to reconciliation. The provision never should have made it this far in the first place — but oh well. Fortunately, the Senate stepped in and did what the process should have done from the outset.

Now what?

It ain’t over til it’s over. The battle with Silicon Valley may be over on this issue today, but that’s not to say the war is over. The AI moratorium may reappear, reshaped and rebranded, in future bills. But its defeat in the Senate is important. It proves that state-level resistance can still shape federal tech policy, even when it’s buried in omnibus legislation and wrapped in national security rhetoric.

Cruz’s shift wasn’t a betrayal of party leadership — it was a recognition that even in Washington, federalism still matters. And this time, the states — and our champion Marsha — held the line. 

Brava, madam. Well played.

This post first appeared on MusicTechPolicy

by Trichordist Editor