cohmad securities was a us company whose main business was to introduce investors to the bernard madoff investment company for which it received commission based on the amount invested .

the company , whose name combines “ cohn ” and “ madoff , ” was founded in 1985 by bernard madoff and maurice cohn , madoff ’s friend and former neighbor .

its office was located at the same address as madoff 's firm , and it employed between 10 and 20 employees with annual sales between $ 1m and $ 5m .

cohmad securities

picard v . cohmad securities corp . 09 - ap - 1305 , june 22 , 2009
sec v . cohmad securities corp . , 09 civ . 5680 , june 22 , 2009
picard v . cohmad securities corp . 09 - ap - 1305 , june 22 , 2009
sec v . cohmad securities corp . , 09 civ . 5680 , june 22 , 2009
cohmad , sonny and marcia cohn , and former cohmad vice president robert jaffe in 2010 settled a related u . s . securities and exchange commission probe into their dealings with madoff .
the u . s . securities and exchange commission and the trustee last week sued cohmad securities , a brokerage founded by bernard madoff and long - time associate maurice cohn . also sued were cohn’s daughter , marcia , and robert jaffe , both cohmad executives .
though cohmad is insolvent , picard said he plans to keep pursuing claims against six other individuals who received “substantial fees” for helping cohmad raise money for madoff .
cohmad received $ 67 million in generated fees from madoff investments , from 2000–2008 .
madoff trustee reaches recovery agreement of approximately $ 32 million with cohmad securities corporation , the estate of maurice “sonny” cohn , marcia b . cohn & marilyn cohn
on march 15 , 2009 , federal prosecutors filed a notice in federal court declaring its intent to seek the forfeiture of the madoffs ' interests in cohmad securities .
sipc - madoff trustee reaches recovery agreement of approximately $ 32 million with cohmad securities corporation , the estate of maurice “sonny” cohn , marcia b . cohn & marilyn cohn
irving picard , the trustee liquidating bernard l . madoff investment securities llc , on friday announced the settlement with the estate of former cohmad chairman maurice “sonny” cohn , his widow marilyn cohn , and their daughter marcia cohn , who was cohmad’s chief operating officer .
in re bernard l . madoff investment securities llc , debtor . irving h . picard , as trustee for the liquidation of bernard l . madoff investment securities llc , plaintiff , v . cohmad securities corporation , etc . , and the joint tenancies of phyllis guenzburger and fabian guenzburger and robert pinchou and fabian guenzburger , defendants .
cohmad received $ 67 million in generated fees from madoff investments , from 2000 - 2008 .
jaffe has filed requests with the courts to dismiss the sec and the picard cases . the cases are picard v . cohmad securities corp . , 09 - ap - 1305 ,
law360 ( may 8 , 2009 , 12 : 00 am edt ) - - massachusetts ' top securities enforcement office has revoked the license of madoff feeder firm cohmad securities corp . and ordered it to pay a $ 100 , 000 fine for allegedly refusing to cooperate with an investigation of the fund ' s relation to the ponzi scheme , in violation of state securities law .
“cohmad is one of the earliest and best - known names affiliated with madoff , and this highly successful settlement brings one important chapter of the cohmad securities corporation story to a close , ” said bakerhostetler co - lead attorney kathryn m . zunno . “we negotiated and reached this agreement despite the fact that cohmad has been insolvent and non - operational , and a key principal ( sonny cohn ) is now deceased . we look forward to further resolution as we pursue the ongoing cohmad - related litigation . ”
the cases are picard v cohmad securities corp et al , u . s . bankruptcy court , southern district of new york , no . 09 - ap - 01305 ; and in re : bernard l . madoff investment securities llc in the same court , no . 08 - 01789 .
new york , new york and washington , dc - november 4 , 2016 - irving h . picard , securities investor protection act ( sipa ) trustee for the liquidation of bernard l . madoff investment securities llc ( blmis ) , filed a motion today in the united states bankruptcy court for the southern district of new york , seeking approval of a settlement agreement with cohmad securities corporation ( “cohmad” ) , the estate of maurice “sonny” cohn , marcia b . cohn and marilyn cohn ( the “cohmad parties” ) . an approval hearing has been set for november 30 , 2016 at 10 a . m .
in re bernard l . madoff investment securities llc , 418 b . r . 75 – urltoken
the sipa trustee will continue to pursue his claims against the remaining defendants in picard v . cohmad et al , including certain cohmad registered representatives who received substantial fees for referring investors in the ponzi scheme . under the agreement , the cohmad parties agree to cooperate with future discovery requests from the sipa trustee and make themselves available for depositions and any trials that may assist in recovering additional funds related to cohmad for the sipa trustee’s ongoing recovery efforts .
the brokerage firm lists its address as madoff ' s firm ' s address in new york city . cohmad employs
the sec previously charged madoff and bernard l . madoff investment securities llc ( bmis ) as well as their auditors with committing securities fraud through a ponzi scheme perpetrated on advisory and brokerage customers of bmis .
the notice follows mr . madoff’s guilty plea last week in the biggest securities fraud scheme in corporate history .
new york ( reuters ) - victims of bernard madoff’s ponzi scheme will receive another $ 32 . 1 million under a new settlement over the swindler’s ties to cohmad securities corp , whose clients invested more than $ 1 billion with him .
secretary of the commonwealth of massachusetts william f . galvin announced the decision from the massachusetts securities division on thursday .
jaffe is a massachusetts registered representative of , and an owner of , defendant cohmad securities corporation ( cohmad ) , a massachusetts registered broker - dealer . because of jaffe ' s reported close personal and professional ties to madoff , the secretary believes that jaffe may have
significant information material to his investigation into mr . madoff .
id . , para . 5 .
seeking to revoke the massachusetts license of cohmad securities corp . , an accounting of all massachusetts investors cohmad referred to madoff’s company , all the fees it earned doing so ( more than $ 67 million ) , and a fine . it named ruth madoff as having withdrawn $ 10 million on december 10 , 2008 and $ 5 . 5 million on november 25 , 2008 from her brokerage account . it also cited $ 526 , 000 in referral fees paid from madoff investments , to cohmad , to vienna
[ 1 ] jaffe has not contested that he is registered as an agent with the securities division , and that the subpoena , and this action , arise out of his transaction of business in massachusetts relating to the sale of securities .
listed in the two - page notice are the madoffs’ homes in manhattan , montauk , n . y . , palm beach , fla . and the antibes in france . prosecutors are also seeking their interests in cohmad securities , a securities firm under investigation by the state of massachusetts , and a wachovia bank account in ruth madoff’s name holding more than $ 17 million .
cohmad had fewer than 650 client accounts , and made 99 . 7 % of its sales from brokerage services to madoff ' s larger broker - dealer . in its audited financial statements for the 12 months ending june 30 , 2008 , cohmad said revenue from madoff securities totaled $ 3 , 736 , 829 . its total sales for the same period were $ 3 , 748 , 397 .
the subpoena is signed in the name of the secretary by the associate director & general counsel of the massachusetts securities division .
jaffe has filed requests with the courts to dismiss the sec and the picard cases . the cases are picard v . cohmad securities corp . , 09 - ap - 1305 , u . s . bankruptcy court , southern district of new york ( manhattan ) , and sec v . cohmad , 09 - cv - 5680 , u . s . district court , southern district of new york . ) .
the lawsuit claims that up to 90 percent of cohmad’s income came from referring clients and that the firm had a “symbiotic” relationship with madoff , having earned hundreds of millions of dollars from the fraud . the lawsuit seeks more than $ 100 million paid to cohmad six years prior to madoff’s firm declaring bankruptcy , and more than $ 105 million in profits cohmad employees and their families withdrew from the investment accounts they held with madoff .
richard spring , of boca raton , florida , received payments from cohmad for many years in exchange for bringing investors and investment ideas to madoff .
securities investor protection corporation 1667 k st . n . w . , suite 1000 washington , d . c . 20006 - 1620
on may 8 , 2009 , the commonwealth of massachusetts found the firm to be in “default” for not assisting regulators . cohmad’s securities registration has been revoked , and they must provide an accounting of all fees the company or its agents earned for referring massachusetts investors to mr . madoff ' s firm as well as , pay a $ 100 , 000 fine for failing to cooperate with the state securities investigation .
seeking to revoke the massachusetts license of cohmad securities corp . , an accounting of all massachusetts investors cohmad referred to madoff’s company , all the fees it earned doing so ( more than $ 67 million ) , and a fine . it named ruth madoff as having withdrawn $ 10 million on december 10 , 2008 and $ 5 . 5 million on november 25 , 2008 from her brokerage account . it also cited $ 526 , 000 in referral fees paid from madoff investments , to cohmad , to vienna bank medici majority owner , sonja kohn , which she subsequently denied .
the sec ' s complaint also alleges that the compensation arrangement between bmis and cohmad indicated fraudulent conduct at bmis . cohmad was paid an annual percentage of the funds its representatives ( except jaffe ) brought into bmis offset by any withdrawals from those investor accounts . this compensation arrangement indicated to cohmad and the cohns that bmis was not providing any real returns to investors . for example , where the client ' s principal investment had been $ 10 , 000 , cohmad stopped receiving fees if a client withdrew $ 15 , 000 from an account , even if under bmis ' management the account had purportedly grown to $ 100 , 000 . in cohmad ' s internal records , such an account was designated with a negative $ 5 , 000 number .
posted by phillip crawford jr . at 01 : 30 pm in bernard madoff , cohmad securities corp . , colombian drug cartels , gennaro angiulo , m / a / s capital corp . , patriarca , robert m . jaffe , russian mafia , the mafia & other organized crime news
h . picard , trustee for the substantively consolidated sipa liquidation of bernard l . madoff investment securities llc and bernard l . madoff .
the sec ' s complaint against the cohmad defendants alleges that while bringing investors to madoff , they ignored and even participated in many suspicious practices that clearly indicated madoff was engaged in fraud . for example , the sec ' s complaint alleges that the cohns and cohmad filed false forms bd and focus reports that concealed cohmad ' s primary business of bringing in investors for bmis . this referral business comprised as much as 90 percent of cohmad ' s revenue in some years , brought in more than 800 accounts , and billions of dollars into bmis ' advisory business , for which bmis paid them more than $ 100 million .
the brokerage firm lists its address as madoff ' s firm ' s address in new york city . cohmad employs robert jaffe , as vice - president .
posted by phillip crawford jr . at 12 : 19 am in bernard madoff , cohmad securities corp . , donato angiulo , francesco angiulo , gennaro angiulo , m / a / s capital corp . , michele angiulo , patriarca , robert m . jaffe , the mafia & other organized crime news
both sec ' s complaints seek injunctions , financial penalties and court orders requiring cohmad , the cohns , jaffe and chais to disgorge their ill - gotten gains .
the order directed cohmad to pay a $ 100 , 000 administrative fine to the state , revoked the fund ' s registration and ordered it to . . .
washington , d . c . , june 22 , 2009 — the securities and exchange commission today charged a new york - based broker - dealer and four individuals with securities fraud , alleging that they collectively raised billions of dollars from investors for bernard l . madoff ' s ponzi scheme .
( manhattan ) , and sec v . cohmad , 09 - cv - 5680 , u . s . district court , southern district of new york . ) .
posted by phillip crawford jr . at 04 : 31 pm in ariana tadler , bernard madoff , cohmad securities corp . , gennaro angiulo , m / a / s capital corp . , melvyn weiss , milberg llp , milberg weiss bershad & schulman llp , patriarca , robert m . jaffe , seeger weiss , stephen weiss
bakerhostetler co - lead attorney esterina giuliani added , “this settlement is a key step in the overall cohmad - related litigation that is part of the overall liquidation of blmis . we will now focus on pending litigation against remaining cohmad defendants , as our team continues its global efforts to recover money stolen by madoff to return to its rightful owners . ”
maurice
sonny
cohn owned 48 % of cohmad , and his daughter marcia , who served as president and chief compliance officer owned 25 % . madoff owned 15 % . mr . madoff ' s brother , peter owned 9 % , and mr . cohn ' s brother owned 1 % , and another unnamed cohmad employee owned 1 % .
in re bernard l . madoff investment securities llc , 418 b . r . 75 ( bankr . s . d . n . y . 2009 )
the sec acknowledges the assistance of the trustee for the securities investor protection corporation , and california attorney general jerry brown . the sec ' s investigation is continuing .
posted by phillip crawford jr . at 10 : 41 pm in bernard madoff , cohmad securities corp . , donato angiulo , francesco angiulo , gennaro angiulo , m / a / s capital corp . , michele angiulo , mob history , patriarca , raymond l . s . patriarca , robert m . jaffe , the mafia & other organized crime news
on december 17 , 2008 , the secretary issued a subpoena commanding jaffe to appear before the massachusetts securities division on january 6 , 2009 and give sworn testimony
in the matter of : bernard l . madoff investment securities
( subpoena ) . the secretary issued the subpoena in connection with his investigation of madoff , and pursuant to the massachusetts uniform securities act , g . l . c . 110a ( act ) . he caused it to be served on jaffe , apparently by certified or registered mail , return receipt requested , addressed to jaffe at cohmad ' s new york office . the proof of service attached to the complaint bears the signature of
j . larsen
on december 19 , 2008 .
law360 , new york ( november 4 , 2016 , 7 : 12 pm edt ) - - the court - appointed trustee for bernie madoff’s fraudulent investment firm asked a manhattan bankruptcy judge on friday to approve a $ 32 . 1 million clawback settlement with cohmad securities corp . and won approval to dismiss an $ 8 million clawback suit against a former basketball team franchise owner .
, 153 - 54 ( 2d cir . 1999 ) ( finding long arm jurisdiction for claims arising out of defendant ' s transactions to and from its new york securities account ) .
— бывший председатель совета директоров фондовой биржи nasdaq американский финансист , основатель компании madoff investment securities . бывший председатель совета директоров фондовой биржи nasdaq . в декабре 2008 года был арестован по подозрению в… …
robert m . jaffe , the broker who steered many wealthy boston and palm beach investors to bernard madoff ' s investment fund through both new york - based cohmad securities corp . , partly owned by madoff and of which jaffe is a vice president , and jaffe ' s own palm beach - based m / a / s capital corp . , previously did business with gennaro angiulo and his brothers :
robert m . jaffe , the broker who steered many wealthy investors to bernard madoff ' s investment fund through both new york - based cohmad securities corp . , partly owned by madoff and of which jaffe is a vice president , and jaffe ' s own palm beach - based m / a / s capital corp . , previously
did business with another notorious rogue : former boston mob leader gennaro angiulo
:
maurice
sonny
cohn owned 48 % of cohmad , and his daughter marcia , who served as president and chief compliance officer owned 25 % . madoff owned 15 % . mr . madoff ' s brother , peter owned 9 % , and mr . cohn ' s brother owned 1 % , and another unnamed cohmad employee owned 1 % . cohmad received $ 67 million in generated fees from madoff investments , from 2000–2008 . the brokerage firm lists its address as madoff ' s firm ' s address in new york city . cohmad employs robert jaffe , as vice - president . jaffe is married to ellen shapiro , daughter of boston philanthropist carl j . shapiro , the founder and former chairman of apparel company kay windsor inc . and an early investor and close friend of madoff . jaffe reportedly convinced the elder shapiro to invest $ 250 million with madoff just 10 days before madoff ' s arrest .
here , jaffe ' s contacts with massachusetts consist of his registration in massachusetts as a representative of cohmad securities corporation , a massachusetts broker - dealer , and his dealings with massachusetts investors on behalf of madoff . the secretary ' s action indisputably arises out of jaffe ' s contacts in massachusetts , where the secretary seeks to obtain information from jaffe related to his involvement with cohmad , an entity in which madoff has an ownership interest , and to his direct involvement in sales by madoff of securities to massachusetts investors . there is nothing before the court that would indicate that the assertion of jurisdiction over jaffe is unduly burdensome or otherwise unfair in light of the significant interests at stake . [ 5 ] the only remaining issue , therefore , centers on whether jaffe ' s contact with massachusetts is sufficient to satisfy the requirement of minimum contacts . the court concludes that it is .
robert m . jaffe , the broker who steered many wealthy boston and palm beach investors to bernard madoff ' s investment fund through both new york - based cohmad securities corp . , partly owned by madoff and of which jaffe is a vice president , and jaffe ' s own palm beach - based m / a / s capital corp . , previously
did business with another notorious rogue : former boston mob leader gennaro angiulo
:
the complaint , filed on june 22 , 2009 , proceeds against cohmad securities corporation (
cohmad
) and various affiliated individuals and entities , seeking turnover and accounting , avoidance of preferential and fraudulent transfers , and damages pursuant to sections 542 , 544 , 547 ( b ) , 548 ( a ) ( 1 ) ( a ) and ( b ) , 550 and 551 of the bankruptcy code and sections 276 , 276 - a , 278 and / or 279 of the new york debtor and creditor law . the complaint alleges , inter alia , that cohmad , a new york corporation founded in 1985 by madoff and friend sonny cohn , participated in the fraudulent scheme by recruiting clients for , and diverting billions of dollars to , blmis . collectively , the named defendants are alleged to have profited in the amount of several hundred million dollars at the expense of the defrauded victims of the blmis ponzi scheme .
jaffe ' s brokerage relationship with the angiulos first came to light
in an inquiry by federal securities regulators into whether cowen failed to report large deposits the angiulos made into their brokerage accounts there
that
was part of a broader federal investigation of alleged money laundering by the angiulos
; however ,
neither jaffe nor cowen was ever implicated , and the securities and exchange commission inquiry appears to have ended quietly .
bernard l . madoff investment securities llc had about 200 employees in a brokerage unit and an investment advisory business . the court - appointed trustee winding down the firm said the criminal activity took place in the investment arm .
for the reasons stated above , the secretary ' s application for an order enforcing the administrative subpoena issued to defendant robert m . jaffe is granted . it is therefore ordered that defendant robert m . jaffe shall comply with the subpoena by appearing at the offices of the securities division of the secretary to give testimony under oath in the matter of bernard l . madoff investment securities on a date to be agreed to by the parties , but not later than february 6 , 2009 .
“cohmad is one of the earliest and best - known names affiliated with madoff , and this highly successful settlement brings one important chapter of ( its ) story to a close , ” kathryn zunno , a partner at picard’s law firm baker & hostetler , said in a statement .
thus , under paragraph 6 ,
for the purpose of complying with the laws [ of massachusetts ] relating to sale of securities
– e . g . , c . 110a , § 407 – jaffe has appointed the secretary his attorney for service of process in
any action or proceeding against me . . . in connection with
the sale of securities or an alleged violation of the act . even if the secretary ' s investigation of madoff ' s sales of securities and alleged violations of the act is not an
action or proceeding
against jaffe , this lawsuit is , because it is brought directly against jaffe under c . 110a , § 407 ( c ) to enforce a subpoena issued
in connection with
that investigation .
filed a claim against cohmad , founder maurice “sonny” cohn , daughter marcia cohn , robert jaffe , richard spring , alvin j . delaire , jr . , stanley mervin berman , jonathan greenberg , cyril jalon , morton kurzrok , and rosalie buccellato , among more than two dozen individuals and trusts in
trustee irving picard urged u . s . bankruptcy judge stuart m . bernstein to approve the $ 32 . 1 million deal with investment firm cohmad , the estate of its deceased founder and his surviving family . picard accused the firm of funneling huge sums into madoff ' s defunct brokerage , . . .
the sec ' s complaint against the cohmad defendants specifically alleges that cohmad violated section 17 ( a ) of the securities act of 1933 , sections 10 ( b ) , 15 ( b ) ( 1 ) , 15 ( b ) ( 7 ) , and 17 ( a ) of the securities exchange act of 1934 and rules 10b - 5 , 15b3 - 1 , 15b7 - 1 and 17a - 3 thereunder and aided and abetted violations of sections 206 ( 1 ) , 206 ( 2 ) and 206 ( 4 ) of the investment advisers act of 1940 and rule 206 ( 4 ) - 3 thereunder ; that the cohns violated section 17 ( a ) of the securities act , and section 10 ( b ) of the exchange act and rule 10b - 5 thereunder and aided and abetted violations of sections 10 ( b ) , 15 ( b ) ( 1 ) , 15 ( b ) ( 7 ) , and 17 ( a ) of the exchange act and rules 10b - 5 , 15b3 - 1 , 15b7 - 1 and 17a - 3 thereunder and sections 206 ( 1 ) , 206 ( 2 ) and 206 ( 4 ) of the advisers act and rule 206 ( 4 ) - 3 thereunder ; and that robert jaffe violated section 17 ( a ) of the securities act and section 10 ( b ) of the exchange act and rule 10b - 5 thereunder and aided and abetted violations of sections 10 ( b ) , 15 ( b ) ( 7 ) , and 17 ( a ) of the exchange act and rules 10b - 5 , 15b7 - 1 and 17a - 3 thereunder and sections 206 ( 1 ) , 206 ( 2 ) and 206 ( 4 ) of the advisers act and rule 206 ( 4 ) - 3 thereunder .
most of the information on the madoffs’ property was made public on friday by lawyers for mr . madoff . the madoffs’ net worth was valued at more than $ 823 million at the end of 2008 , according to a filing in a civil lawsuit brought by the securities and exchange commission .
the return of service of the summons and order of notice , complaint , and related papers in this case , attached to the secretary ' s memorandum , comprises two affidavits from
certified process servers
for , respectively , palm beach county , florida , ( certifying service at jaffe ' s
usual place of abode
in palm beach , florida ,
to steven jaffe , son
) [ 4 ] ; and new york , new york ( certifying service at cohmad securities corporation , 886 third avenue , 18 th floor , upon marcia cohen , president , as authorized to accept on behalf of the above - named entity .
in a complaint filed in u . s . district court for the southern district of new york , the sec charged cohmad securities corporation as well as its chairman maurice j . cohn , chief operating officer marcia b . cohn , and registered representative robert m . jaffe for actively marketing investment opportunities with madoff while knowingly or recklessly disregarding facts indicating that madoff was operating a fraud . in a separate complaint filed in the same court , the sec charged california - based investment adviser stanley chais , who oversaw three funds that invested all of their assets with madoff . when the ponzi scheme collapsed , chais investors ' accounts were valued at nearly $ 1 billion .
the sec ' s complaint against chais specifically alleges that he violated section 17 ( a ) of the securities act , section 10 ( b ) of the exchange act and rule 10b - 5 thereunder , and section 206 ( 4 ) of the advisers act and rule 206 ( 4 ) - 8 thereunder .
madoff cultivated an air of exclusivity by pretending that he was too successful to trouble himself with marketing to new investors ,
said robert khuzami , director of the sec ' s division of enforcement .
in fact , he needed a constant in - flow of funds to sustain his fraud , and used his secret control of cohmad to obtain them .
harry markopolos , the securities industry executive and fraud investigator who attempted to warn the s . e . c . for years that bernard madoff was involved in a ponzi scheme ,
did not initially disclose his own identity to regulators because he feared for his life , according to testimony he has apparently prepared for a congressional hearing wednesday morning
:
in ruth’s world , the landscape was filled with younger , taller women . “i brought my fiancé to a stany [ securities traders association of new york ] party , and the two of us were talking to ruth , who kept looking over my fiancé’s shoulder at bernie talking to two women , one of whom was a blonde , ” says a guest .
some of the property , such as the boats , is registered in ruth madoff’s name . she has not been charged with a crime and had no formal association with her husband’s business . but some of her actions — notably the withdrawal of $ 15 . 5 million from cohmad days before her husband’s arrest and the mailing of more than $ 1 million of jewelry and watches — have brought harsh scrutiny .
on june 22 , 2009 , madoff trustee , irving picard filed a claim against cohmad , founder maurice “sonny” cohn , daughter marcia cohn , robert jaffe , richard spring , alvin j . delaire , jr . , stanley mervin berman , jonathan greenberg , cyril jalon , morton kurzrok , and rosalie buccellato , among more than two dozen individuals and trusts in u . s . bankruptcy court in new york .
you mention madoff . but , madoff never had a criminal record until now . yes , there were countless indicators ( as ken would say ) that madoff was running a scheme : his inaccessibility ; the lack of transparency ; the conflict of interest with cohmad securities ; the unimpressive 3 - man accounting team in charge of overseeing billions of dollars of investor money ; the 2001 controversial articles that questioned madoff’s rates of return ; and so on . still , these are nuances . we have looked into the backgrounds of several executives and hedge fund managers who have been subject to rumors and , upon further examination , we have found these rumors came from people who felt wronged in some way and attempted to smear the names of perfectly fine business men and women . those rumors were baseless .
it was brilliant . with the most revered jewish philanthropist in palm beach as his surrogate father , and the philanthropist’s glamorous son - in - law as his local feeder , madoff could remain aloof and say no while jaffe—who many insist was duped along with his father - in - law—attracted investors . ( a spokesperson for robert jaffe and carl shapiro says , “both men are victims and had no knowledge of madoff’s fraudulent scheme . ” ) as late as thanksgiving of last year , two weeks before madoff’s arrest , jaffe was reportedly considering new clients in palm beach . while jaffe and other middlemen were pulling in money , however , ruth madoff was withdrawing : $ 5 . 5 million on november 25 from cohmad securities , the investment entity co - owned by madoff , of which jaffe is vice president .
the complaint alleges that each of the joint tenancy defendants maintained an account with blmis in new york and directed transfers to and from these accounts to the detriment of blmis victims . additionally , the guenzburger tenancy allegedly maintained an account with cohmad , and the pinchou tenancy directed defendant sonny cohn , co - founder of cohmad , to maintain its blmis files . neither of the moving defendants has filed a claim in the underlying liquidation . the complaint lists the guenzburger joint tenancy as having an address at amsel strasse 18 , basel 4059 , switzerland , and the pinchou joint tenancy as having an address at dornacherstrasse 16 , 4147 aesch , switzerland . the trustee attempted service by mailing process to the two swiss addresses through regular mail , care of the united states postal service , on june 25 , 2009 . actual receipt of service by this mail method has not been denied .
on valentine’s day 1994 , after four months of dating , levy made what carmen called his “grandstand play” for her affection . he instructed her to meet him at the office of bernard l . madoff investment securities , in the lipstick building , the oval red - granite monolith at 53rd street and third avenue designed by philip johnson and john burgee . “bring your checkbook , ” he said .
on january 14 , the secretary filed this action . the court issued an order of notice for hearing on january 21 at 2 p . m . on january 15 , jaffe was served with the summons , complaint , order of notice , and other papers ( including a copy of the subpoena , attached to the complaint ) at his residence in florida , and at cohmad ' s offices , by process servers for each of those respective states .
there can be no doubt that jaffe ' s registration in massachusetts as an agent of cohmad , a registered massachusetts broker - dealer ( permitting jaffe to
transact business
in the commonwealth , see g . l . c . 110a . §§ 201 and 202 ) , together with his transaction of business in connection with the very matter under investigation by the secretary , satisfies the purposeful availment prong . accordingly , jaffe ' s constitutional argument fails .
pursuant to massachusetts general laws chapter 110a , §407 ( b ) , you are hereby commanded , in the name of the commonwealth of massachusetts to appear personally and give testimony before the massachusetts securities division , office of the secretary of the commonwealth , john w . mccormack building , one ashburton place , room 1701 , boston , massachusetts , 02108 , on january 6 , 2009 at 10 : 00 a . m . this oral examination will continue until completed .
secretary of the commonwealth william galvin ( secretary ) seeks an order , pursuant to g . l . c . 110a , § 407 ( c ) , compelling defendant robert jaffe ( jaffe ) to comply with a subpoena to testify in connection with the secretary ' s investigation of bernard madoff ( madoff ) and madoff investment securities llc ( madoff llc ) . for the reasons stated below , the court will order jaffe to comply with the secretary ' s subpoena .
both sides refer the court to silverman v . berkson , supra , 661 a . 2d 1266 , a case nearly identical to the present case , and considered by one authority
the leading case in the area
of enforcement of out - of - state administrative subpoenas . long , j . , blue sky law , § 11 : 43 ( november 2008 ) . in silverman , the issue was
the authority and power of a new jersey agency investigating securities transactions involving new jersey residents to issue a subpoena to a witness outside of the state ' s boundaries , and the corresponding authority and power of a new jersey court to enforce such a subpoena .
like the act adopted in massachusetts , new jersey ' s version of the uniform securities act contained no provision
‘affording a procedure for the bureau to take out - of - state testimony of a non - resident witness . '
id . at 1268 .
under the terms of the agreement with the cohmad parties , the settlement will immediately benefit the blmis customer fund by approximately $ 32 million . it represents more than 100 percent of the amount transferred by blmis to sonny cohn , marilyn cohn and marcia cohn as withdrawals from their investment advisory accounts during the six - year period prior to the blmis liquidation filing , as well as more than 100 percent of the fees for referrals made to blmis that sonny cohn and marcia cohn received during the six - year period prior to the blmis liquidation filing .
against co - founder maurice
sonny
cohn , president marcia cohn , and robert jaffe . the lawsuit alleges the company was madoff ' s
in - house marketing arm
and critical to madoff ' s scam . cohmad representatives were paid for funds they brought into the firm but not for any putative increase in the investments ' value . withdrawals were treated as a loss , which
suggested that profits generated by madoff were fictitious
, although madoff changed the arrangement in 2002 for maurice cohn , and began paying him $ 2 million a year .
the trustee initiated this adversary proceeding in connection with the infamous ponzi scheme perpetrated by bernard l . madoff through his investment company , blmis . on december 11 , 2008 , madoff was arrested by federal agents and charged with securities fraud in violation of 15 u . s . c . §§ 78j ( b ) , 78ff and 17 c . f . r . § 240 . 10b - 5 in the united states district court for the southern district of new york (
district court
) .
i , the undersigned , for the purpose of complying with the laws of [ massachusetts ] . . . relating to sale of securities . . . , hereby irrevocably appoint the administrator of [ that state ] . . . my attorney in said state [ ] upon whom may be served any notice , process or pleading in any action or proceeding against me arising out of or in connection with the offer or sale of securities . . . or out of the violation or alleged violation of the aforesaid laws of said state [ ] and i do hereby consent that any such action or proceeding against me may be commenced in any court of competent jurisdiction and proper venue within said state [ ] by service of process upon said appointee with the same effect as if i were [ a ] resident in said state [ ] and had lawfully been served with process in said state [ ] . it is requested that a copy of any notice , process or pleading served hereunder be mailed to me at my residence .
on december 15 , 2008 , the securities investor protection corporation (
sipc
) filed an application in the civil action seeking a decree that the customers of blmis are in need of the protections afforded under sipa . the district court granted sipc ' s application and entered an order on december 15 , 2008 , placing blmis ' s customers under the protections of sipa (
protective order
) . the protective order appointed plaintiff as trustee for the liquidation of the business of blmis and removed the sipa liquidation
on january 13 , 2009 , the secretary responded to jaffe ' s counsel by faxed letter :
in response to the information you provided last night indicating that mr . jaffe will be available to testify as of january 19 , 2009 , the massachusetts securities division is rescheduling mr . jaffe ' testimony for wednesday , january 21 , 2009 at 10 : 00 am at the offices of the division . the testimony is pursuant to the initial subpoena served on december 17 , 2008 .
arkin aff . , ex . r .
in addition to ms . zunno and ms . giuliani , messrs . harbeck and picard , and david j . sheehan , chief counsel to the sipa trustee , would like to thank the securities investor protection corporation’s josephine wang and kevin bell , as well as bakerhostetler attorneys oren j . warshavsky , thomas l . long , elizabeth m . schutte , shawn hough , frank m . oliva , kevin m . wallace , samuel m . light , lauren r . weinberg , and brian f . allen , who assisted with the work on this settlement .
this is the second recovery agreement reached in the blmis liquidation in two weeks . on october 28 , a $ 277 million , global settlement was announced in chais , et al , that will bring an immediate benefit of $ 232 million to the customer fund . with these new recovery agreements , the sipa trustee has recovered or has reached agreements to recover more than $ 11 . 491 billion . distributions to blmis customers now total more than $ 9 . 467 billion , which includes $ 836 . 6 million in committed advances from the securities investor protection corporation .
her salespeople at jeffrey messenger a shipment of [ narciso ] rodriguez’s clothes and shoes to her at the beginning of each season and simply charge her for what she doesn’t return . “if i see something i like , i call around , ” explains madoff , a securities lawyer . “i just don’t have time to shop . i get a little bit aggravated when i go into a store because i could be doing so many other things that are so much more productive . and the salespeople are around the clothes all day . they know them much better than i do . ”
as the above discussion demonstrates , jaffe has consented to the jurisdiction of massachusetts , as represented both by the secretary as administrator of the act , and the court , in two ways . he has done so directly , in paragraph 2 of form u - 4 ( at least as to any matters relating to the act , as here ) , and in paragraph 6 , by appointment of the secretary as his agent for service of process in actions or proceedings against him in connection with sales of securities or violations of the act . both have been held sufficient to confer personal jurisdiction .
although milberg llp claims that none of its remaining partners participated in the illegal conduct the question still begged is whether some of them were aware of the scheme and what , if any , steps they took to address the problem . after all , what did they think was happening when the same individuals repeatedly were serving as plaintiffs in dozens of lawsuits ? indeed , in 1995 , congress enacted the private securities litigation reform act specifically for the purpose of curbing the abuses for which milberg weiss and its partners were indicted , and surely this legislation raised a red flag even among the innocents at the firm .
on a cross - country tour to speak with those who weren’t lucky , i felt like the angel of death , knocking on the doors of the once privileged , chosen people who had gained admission into bernie madoff’s amazing investment vehicle , only to be fleeced by him . they all shared the same stacks of now worthless paper ( monthly statements from bernard l . madoff investment securities ) and an overnight obsession with terms such as “feeder funds” ( the myriad individuals and businesses that funneled money to madoff ) and “claw back” ( the government’s threat to make investors return money they’d taken out of madoff’s fund from as far back as six years ) .
when former madoff employees speak of ruth , they invariably bring up the company christmas party at the rosa mexicano restaurant on december 10 , the day before bernie’s arrest . that same day , according to his sons , bernie had confessed his crime to them with ruth standing nearby in their penthouse , but at the party ruth and bernie acted as if nothing were wrong , as if bernard l . madoff investment securities were rock - solid . “ruth was at the party , staring at these people , knowing they were penniless , ” says someone who knows her , adding that ruth reportedly said at the party that she and bernie were going to florida for the holidays .
with regard to the former , the secretary asserts that jaffe is foreclosed from contesting personal jurisdiction in massachusetts because he has consented thereto . it is not disputed that on november 6 , 1989 , jaffe signed a form u - 4 ,
uniform application for securities industry registration or transfer
( form u - 4 ) . see c . 110a , § 202 ; 950 cmr 12 . 202 . jaffe , the applicant , having indicated in item 10 that he was
to be registered with the following : jurisdictions – ma ,
signed the application on page 4 in a box headed
the applicant must read the following very carefully ,
and containing the following pertinent language ( emphasis added ) :
in any event , the lack of a procedure under massachusetts law for service of a subpoena issued under § 407 – whether to a resident in or out of state – should not render such a subpoena invalid , at least if the subject of the subpoena receives actual notice of it and has fair opportunity to object . nor does the fact that neither massachusetts nor florida have adopted the 1985 revision of the uniform securities act ,
containing a procedure for taking of testimony in the state of a nonresident witness for the purpose of an investigation being conducted in another state ,
silverman v . berkson , 141 n . j . 412 , 661 a . 2d 1266 , 1268 ( 1996 ) , lead to a different conclusion . as the court in silverman stated ,
general principles of administrative law suggest that the legislature intended the agency to have the authority necessary to fulfill its function to investigate , within and without the state , securities transactions involving [ that state ' s ] residents .
id . at 1269 . authority to issue a subpoena
within and without
the state implies authority to serve it , even though the procedure for doing so is unspecified . the court need not construct such a procedure in the circumstances of this case , where jaffe clearly received actual notice of the subpoena , had fair opportunity to object to the manner in which it was served , and instead agreed not once but twice to comply .
before this court is the motion (
motion to dismiss
) of the joint tenancy of phyllis guenzburger and fabian guenzburger and the joint tenancy of robert pinchou and fabian guenzburger ( collectively ,
defendants
or
joint tenancy defendants ,
and individually ,
guenzburger tenancy
and
pinchou tenancy ,
respectively ) seeking to dismiss the complaint (
complaint
) of irving h . picard , esq . , (
trustee
or
plaintiff
) trustee for the substantively consolidated securities investor protection act (
sipa
) , 15 u . s . c . § 78aaa et seq . , liquidation of bernard l . madoff investment securities llc (
blmis
) and bernard l . madoff . defendants move to dismiss the complaint for insufficient service of process and lack of personal jurisdiction pursuant to rules 12 ( b ) ( 2 ) , ( 5 ) , ( 6 ) and 12 ( e ) of the federal rules of civil procedure , made applicable herein by rule 7012 of the federal rules of bankruptcy procedure . defendants assert that the complaint should be dismissed because 1 ) the complaint fails to establish personal jurisdiction over the defendants ; and 2 ) service by mail from new york to switzerland was insufficient under rules 4 ( f ) ( 1 ) and 4 ( f ) ( 2 ) ( c ) of the federal rules of civil procedure , made applicable herein by rule 7004 of the federal rules of bankruptcy procedure .
as in this case , the subpoenaed witness in silverman raised constitutional due process objections based on minder . the court stated that
[ t ] he issue in minder was whether a criminal defendant in georgia had received a fair trial when he could not subpoena material defense witnesses who were outside georgia . at that time , georgia law made no provision to subpoena out - of - state witnesses .
by contrast ,
[ t ] he question in this case is not whether a state may compel attendance in the forum of any out - of - state witness , but rather whether it may require the attendance of one who has purposely availed himself of the privilege of entering regulated securities markets in the forum state .
silverman , at 1273 .
jaffe asserts that he has not consented to service of process of investigative subpoenas , relying on that portion of paragraph 6 at page 4 of the u - 4 application which states that he appoints the
administrator
( i . e . , the secretary ) his attorney for service of process in any
action or proceeding against me
arising out of sales of securities . because the secretary ' s investigation is of madoff , not jaffe , jaffe argues that he has not consented to service of the secretary ' s subpoena in furtherance of that investigation . see memorandum in opposition to application to enforce subpoena ( jaffe memorandum ) , at 12 . jaffe further argues that
an investigation does not appear to be either an ‘action ' or ‘proceeding ' even if it were ‘against ' mr . jaffe , which it is not .
id . , n . 7 .
the court is satisfied that the secretary ' s investigation of the alleged madoff scheme under , e . g . , c . 110a , § 101 ( prohibiting fraud in the sale of securities ) and § 102 ( prohibiting fraud in the giving of investment advice ) is conducted pursuant to a legitimate purpose ; that the information which the secretary seeks from jaffe , a close associate of madoff who reportedly
made representations concerning mr . madoff [ to massachusetts investors ] and participated in investing their funds or . . . directed that they invest their funds with mr . madoff ,
complaint , para . 3 , is or may be relevant to that purpose ; [ 1 ] that the information is not already within the secretary ' s possession ; and that the subpoena has not been issued for an improper purpose .
[ 2 ] whether all legally required administrative steps have been followed is addressed below .
‘i want justice ! ” screamed joan sinkin , who , along with her husband , arnold , a retired contractor , had sunk every cent from 55 years of work and the proceeds from the sale of several houses into madoff . after learning that they had lost everything , she was hospitalized with what seemed like a stroke , and her husband collapsed . “i want to be treated like g . m . and a . i . g . and bank of america ! i can’t wait years ! i want s . i . p . c . [ securities investor protection corporation , which insures investors up to $ 500 , 000 ] to put people like us back on our feet ! ” out of her husband’s hearing , she whispered , “we had a good life , and it’s gone . ” the night the news hit , her husband “turned old overnight , ” she said . “it was such a blow to him , to realize that everything he worked for all of his life , someone else just”—she snapped her fingers—“plucked . ”
eventually , bernie hired a full - time financial executive to take over the billing and banking . “and ruth eased her way out , ” says squillari . but ruth still wrote checks on her husband’s behalf . most mornings she left a to - do list for bernie . and her name pops up frequently in the hundreds of pages of madoff documents recently released by the bankruptcy trustee . the papers , which track the ebb and flow of billions of dollars , also show that many of madoff’s assets were in ruth’s name . “the books and records of blmis [ bernard l . madoff investment securities ] show that madoff also used blmis funds to purchase assets for his personal enjoyment and that of his family , ” reads one affidavit . “madoff and his family created a web of shell companies to hold these assets after purchasing same with blmis funds . for example , blmis funds were used to purchase and maintain two yachts , the first in 2003 and the second in 2007 . . . . these yachts were used by madoff and his family and served no apparent business purpose . the second yacht , named bull , is held by yacht bull corporation , a corporation in which ruth madoff has an interest . ”
in light of the foregoing , it is clear that jaffe has agreed to
submit myself
– literally , his person – to the jurisdiction of massachusetts , and
to comply with , be subject to and abide by . . . all . . . orders [ and ] directives
of massachusetts . it is also clear that the secretary ' s
command [ ] , in the name of the commonwealth of massachusetts to appear personally and give testimony before the massachusetts securities division , office of the secretary ,
is both an
order
and
directive
by the commonwealth to appear . see in re simon , 297 f . 942 , 945 ( 2d cir . 1924 ) , quoting burns v . superior court , 140 cal . 1 , 73 p . 597 , 598 ( 1903 ) (
the very etymology of the word ‘subpoena ' signifies ‘an order with a penalty for disobedience . '
) having already determined that the subpoena is otherwise within the investigatory authority of the secretary under § 407 ( a ) , the court further concludes that jaffe has consented to the exercise of jurisdiction by the commonwealth ( represented by the secretary ) over his person by means of the subpoena .


acuff-rose music was an american music publishing firm formed in 1942 by roy acuff and fred rose in nashville , tennessee .

acuff-rose 's honest behavior towards their writers set them apart from other music publishing firms at the time and led them to fame throughout the 1950s , 1960s , and 1970s .

currently the company 's catalog is owned by sony/atv music publishing .

acuff - rose music

972 f . 2d 1429 - acuff - rose music inc v . r campbell
peggy lamb ( music city news , hickory records , inc . , acuff rose , opryland music , sony / atv music publishing )
campbell v . acuff - rose music , inc . - stanford copyright and fair use center
together with sony music entertainment he is buying veteran country music publisher acuff - rose for $ 157m ( £130m ) .
campbell v . acuff - rose music , 510 u . s . 569 ( 1994 ) .
campbell v . acuff - rose music , inc . 510 u . s . 569 ( 1994 )
the district court also determined that acuff - rose ' s pendent state law claims were preempted by section 301 of the copyright act . acuff - rose music , 754 f . supp . at 1159 - 60 . acuff - rose does not challenge this determination
* fn5 the district court also determined that acuff - rose ' s pendent state law claims were preempted by section 301 of the copyright act . acuff - rose music , 754 f . supp . at 1159 - 60 . acuff - rose does not challenge this determination .
luther r . campbell aka luke skyywalker , et al . , petitioners v . acuff rose music , inc .
campbell v . acuff - rose music ( 92 - 1292 ) , 510 u . s . 569 ( 1994 ) .
view
campbell v . acuff - rose music , inc .
on the justia u . s . supreme court center
, a condition to the gentleman ' s agreement between acuff and rose wa . . . . . . ondition to the gentleman ' s agreement between acuff and rose was that
our
the discussion traced music row’s history , from nashville’s founding to the early days of publishers including tree publishing and acuff - rose , through the music row area of today .
orbison and dees wrote a song called ' pretty woman ' , which they sold to acuff - rose .
szerző : felice bryant - boudleaux bryant / zeneszerzők : felice bryant - boudleaux bryant / egyéb közreműködők : acuff rose music - sony / atv songs llc . - sony / atv music publishing
in 1942 he organized acuff - rose publishing company , the first publishing house exclusively for country music , with songwriter fred rose . following an unsuccessful bid for the tennessee governorship in 1948 , acuff continued to record extensively from the 1950s on , lending authenticity to the new boom in country music with such…
pretty woman parody - acuff - rose music inc . v . campbell , 972 f . 2d 1429 ( 6th cir . 08 / 17 / 1992 )
oh , pretty woman
was written and recorded by roy orbison and william dees in 1964 . rights to the song were assigned to acuff - rose that same year , and acuff - rose registered for copyright protection . the song has become a pop music standard , and acuff - rose has realized substantial income from the licensing of
cover
recordings and other derivative works .
in 1964 , roy orbison and william dees wrote a rock ballad called
oh , pretty woman
and assigned their rights in it to respondent acuff rose music , inc . see appendix a , infra , at 26 . acuff rose registered the song for copyright protection .
the tragic demise of the everly brothers spurned by the blacklisting from acuff - rose is a narrative that has played out many more times since the 1960’s , and speaks to similar practices that still transpire on music row today . acuff - rose is now known as sony atv .
however in 1961 , the brothers had a falling out with wesley rose . at the behest of wesley rose , the brothers only used acuff - rose writers for their material , especially husband and wife songwriting partners felice and boudleaux bryant . but as time went on , the everly brothers wanted to record songs that didn’t fall under acuff - rose publishing . wesley rose adamantly refused , so the everly brothers dropped him as their manager . at the time , acuff - rose had a virtual monopoly on all the best songs and songwriters in the music business , especially for the type of music the everly brothers played . the duo’s access to the acuff - rose catalog is one of the reasons they were so commercially successful , and the falling out with wesley rose meant they no longer had access to ‘a’ list song material .
acuff - rose also sought leave to amend its complaint to allege violations of the lanham act . 15 u . s . c . § 1125 ( a ) . the district court denied the motion and acuff - rose does not allege error in the denial
* fn6 acuff - rose also sought leave to amend its complaint to allege violations of the lanham act . 15 u . s . c . § 1125 ( a ) . the district court denied the motion and acuff - rose does not allege error in the denial .
so then chet atkins introduced the brothers to wesley rose , son of fred rose , the well - known songwriter and founder of music row publishing house acuff - rose with roy acuff . when fred rose passed away in 1954 , wesley took his spot as president of acuff - rose , and also signed on to manage the everly brothers after the introduction from chet atkins . wesley promised the brothers a record deal if they would sign on with acuff - rose as their publishing house , and the duo obliged . this led to the the everly brothers’ deal with cadence records where they finally found success . then after 3 successful years on cadence , the everly brothers signed a massive 10 - year multi - million dollar contract with warner brothers , and became one of the biggest names in all of american music .
szerző : roy alfred / zeneszerzők : al frisch / egyéb közreműködők : famous music corp . - famous music publishing - melodie der welt - memory lane music
sony / atv music publishing will include all of the current and future music publishing interests of both parties .
the company acquired the acuff - rose catalog ( featuring classics from hank williams and roy orbison ) in 2002 for $ 157 million from gaylord entertainment .
acuff - rose music publishing , founded in 1942 by country singer roy acuff and songwriter fred rose , includes classics like
oh pretty woman ,
bye bye love ,
your cheatin ' heart ,
and
tennessee waltz .
songwriters who once wrote for the company include hank williams sr . , don gibson , and felice and boudleaux bryant .
oh pretty woman , made famous by roy orbison , is one of more than 100 acuff - rose tracks that have been broadcast more than one million times .
great article . never knew anything about this acuff rose business . i just assumed that their run of hits ended because of the beatles & the british invasion .
3 2 live crew ' s motion to dismiss was converted to a motion for summary judgment . acuff rose defended against the motion , but filed no cross motion .
szerző : roy alfred / zeneszerzők : al frisch / egyéb közreműködők : music sales corporation - myra music co . - bosworth & co . - melodie der welt - memory lane music
the case of campbell vs . acuff rose music , inc . involves the rap group 2 live crew’s use of the song “oh , pretty woman” co - written by roy orbison and william dees . the rights to the… read more
i did an interview with don everly during the 70s in which he described some of acuff and rose’s efforts to “get even” with them . i’ve posted it online . urltoken
sony / atv music publishing will buy the oldest and one of the richest song catalogs in country music from gaylord entertainment .
szerző : jack erickson - sano marco / zeneszerzők : jack erickson - sano marco / egyéb közreműködők : gower music inc . - emi music publishing - screen gems - emi music inc .
however , if acuff - rose could show that they lost the chance to sell the rights to another parodist because of campbell ' s version , then they might have a case .
acuff - rose brought suit in june 1990 and defendants responded by filing a motion to dismiss , accompanied by affidavits , and sought to deposit $ 13 , 867 . 56 . this amount was apparently calculated after reference to statutory royalty rates established by the copyright act , and reflected defendants ' understanding of what was owed to acuff - rose for use of the copyrighted song . the district court ordered the funds deposited with the clerk of court . 3 acuff - rose responded with affidavits , which the district court relied upon when granting summary judgment .
acuff - rose brought suit in june 1990 and defendants responded by filing a motion to dismiss , accompanied by affidavits , and sought to deposit $ 13 , 867 . 56 . this amount was apparently calculated after reference to statutory royalty rates established by the copyright act , and reflected defendants ' understanding of what was owed to acuff - rose for use of the copyrighted song . the district court ordered the funds deposited with the clerk of court . * fn3 acuff - rose responded with affidavits , which the district court relied upon when granting summary judgment .
szerző : irving mills - mitchell parish / zeneszerzők : duke ellington / egyéb közreműködők : emi mills music inc . - emi entertainment world - emi music publishing - emi worldtrax music - filmtrax copyright holdings
copyright 1994 - 2018 © , broadcast music , inc . ® unless otherwise specified . bmi® , bmi . com® and broadcast music , inc . ® are registered trademarks of broadcast music , inc .
szerző : gordon jenkins / zeneszerzők : gordon jenkins / egyéb közreműködők : emi robbins catalog inc . - essex music - tro essex music
jackson’s music catalog , atv music publishing , includes some 250 beatles songs as well as songs associated with elvis presley and little richard .
4 . “home in san antone , ” bob wills and his texas playboys . fred rose is an important figure as a songwriter and a businessman . he partnered with roy acuff to form the acuff - rose music publishing company in 1942 and his songwriting / business partnership with hank williams was beneficial to both parties . rose has songwriting credits on “blue eyes crying in the rain , ” “kaw - liga , ” and “texarkana baby . ” he also penned this texas themed number , where location trumps poverty in the pursuit of happiness .
mccartney and jackson were not the first musicians to recognize the value of song copyrights . one of the first and most successful musician - turned - music publisher was fiddler roy acuff . a star on the grand ole opry in the late 1930s , he saw first - hand how many talented songwriters were taken advantage of by unscrupulous managers , agents , or publishers with regard to song copyright ownership shares . in 1942 , he co - founded acuff - rose music , the first nashville - based music publisher . their guiding principle was “taking care of the songwriters . ” known for their fairness , acuff and partner fred rose eventually published the catalogs of hank williams , roy orbison , the everly brothers , as well as acuff’s own songs and those of many other hit songwriters .
but both don and phil everly were songwriters as well , and wrote many of their own songs . however in a strange twist of fate only fit for music row , because the brothers were still signed to acuff - rose as songwriters , the falling out with wesley rose meant that the brothers lost access to their own material as well , and any material they may write in the future . though the everly brothers as performers were free to do what they wanted , don and phil everly as songwriters were still under the thumb of acuff - rose . a publishing house that had been set up to protect songwriters , like many of music row’s institutions , had become corrupted from money and music business politics .
szerző : will jason - val burton / zeneszerzők : will jason - val burton / egyéb közreműködők : famous music corp . - famous music publishing
megastar michael jackson has merged his music catalog with sony corp . ’s music publishing division in a joint venture reportedly valued at $ 600 million .
singers come and singers go , but songs keep working forever . that’s really about all you need to know to understand why sony / atv , the giant music publisher , shelled out $ 157 million last year to purchase the songs in the historic acuff - rose publishing catalogs .
we have been entrusted with a real treasure ,
said paul russell , chairman of sony / atv music publishing .
our first priority will be to maintain the integrity and quality of the acuff - rose catalog while raising its profile with new generations of performers .
szerző : betty comden - adolph green / zeneszerzők : jule styne / egyéb közreműködők : stratford music - chappell & co . - warner chappell music international
szerző : elise bretton - sherman edwards - don meyer / zeneszerzők : elise bretton - sherman edwards - don meyer / egyéb közreműködők : duchess music corporation - valerie keith music - bosworth & co . - music sales corp .
pingback : music news : happy birthday’s disputed rights , vinyl vs . streaming , and the last cd - r for taiyo yuden » south florida music showcase
campbell asked acuff - rose for permission to make a parody version of the song that he claimed was intended to
through comical lyrics to satirize the original work . they said no . campbell made the song anyway .
mpl music publishing mccartney’s own publishing company with offices located all around the world .
with toys , wood says , acuff - rose is paid an agreed upon fee for each unit sold . licenses are granted to manufacturers for the shortest time possible to enable the publisher to adjust rates as the evolving economy dictates .
in a separate move , jackson is buying the rights to 55 , 000 country music songs including the music of hank williams , the everly brothers and roy orbison .
6 . “wreck on the highway , ” roy acuff . as noted in “home in san antone , ” acuff - rose was the major publishing company for country music and , given the history of that song , there is no small amount of irony in roy acuff’s participation . “wreck on the highway” was originally recorded by the south carolina based dixon brothers as “i didn’t hear nobody pray” in 1938 . acuff cut his version in 1942 , claiming a writing credit . legal action was taken in 1946 and an out of court settlement was reached . “wreck on the highway” has a strong gospel influence and was an inspiration for the 1980 bruce springsteen composition of the same name .
szerző : joseph mccarthy / zeneszerzők : traditional / egyéb közreműködők : harry carroll - emi robbins catalog inc . - redwood music - bosworth & co . - emi music publishing
keith hatschek is a contributing writer for echoes and directs the music management program at university of the pacific . he’s also written two music industry books , how to get a job in the music industry and the golden moment : recording secrets from the pros .
by all rights , atlanta or dallas should have become the center of country music , due to their early recording activity . but once nashville had wsm and its birth child grand ole opry running successfully , and after nashville became the music publishing center with acuff - rose leading the way , the recording studios and record labels followed and music row was born out of that . once fledgling artists began climbing off the greyhound buses , guitar cases in hand , nashville had an endless array of talent .
szerző : carl sigman / zeneszerzők : jimmy van heusen / egyéb közreműködők : united music corp . - ame musikverlag edward kassner - edward kassner music co . - kassner associated publishers
jessica nicholson serves as the managing editor for musicrow magazine . her previous music journalism experience includes work with country weekly magazine and contemporary christian music ( ccm ) magazine . she holds a bba degree in music business and marketing from belmont university . she welcomes your feedback at
19 this may serve to heighten the comic effect of the parody , as one witness stated , app . 32a , affidavit of oscar brand ; see also elsmere music , inc . v . national broadcasting co . , 482 f . supp . 741 , 747 ( sdny 1980 ) ( repetition of
i love sodom
) , or serve to dazzle with the original ' s music , as acuff rose now contends .
the case of campbell vs . acuff rose music , inc . involves the rap group 2 live crew’s use of the song “oh , pretty woman” co - written by roy orbison and william dees . the rights to the song are owned by acuff rose music which sued luke records in district court for violating their copyright . the court ruled in favor of 2 live crew , but the decision was reversed by the u . s . court of appeals for the 6th circuit . the case will be heard by the supreme court on tuesday , november 9th . luther campbell , president of luke records , claimed that the lawsuit was a backlash from their “as nasty as they want to be” album . mr . strauss of the “capitol steps” discussed the importance of allowing parodies and has filed a brief in favor of the rap group of 2 live crew . professor perlmutter discussed the “fair - use” clause of copyright law which is at issue in this case . mr . harleston stated that he sees little economic impact on rose - acuff music , inc . mr . dees , the song’s co - writer , stated that it was the most significant work of his life . via satellite from new york city , mr . kaye , who represents entertainers filing briefs in support of acuff - rose music , inc . , stated that there is no compelling reason why this falls outside of normal copyright infringement .
the case of campbell vs . acuff rose music , inc . involves the rap group 2 live crew’s use of the song “oh , pretty woman” co - written by roy orbison and william dees . the rights to the song are owned by acuff rose music which sued luke records in district court for violating their copyright . the court ruled in favor of 2 live crew , but the decision was reversed by the u . s . court of appeals for the 6th circuit . the case will be heard by the supreme court on tuesday , november 9th . luther campbell , president of luke records , claimed that the lawsuit was a backlash from their “as nasty as they want to be” album . mr . strauss of the “ capitol steps ” discussed the importance of allowing parodies and has filed a brief in favor of the rap group of 2 live crew . professor perlmutter discussed the “fair - use” clause of copyright law which is at issue in this case . mr . harleston stated that he sees little economic impact on rose - acuff music , inc . mr . dees , the song’s co - writer , stated that it was the most significant work of his life . via satellite from new york city , mr . kaye , who represents entertainers filing briefs in support of acuff - rose music , inc . , stated that there is no compelling reason why this falls outside of normal copyright infringement . close
szerző : william engvick - mortimer s . palitz - alec wilder / zeneszerzők : william engvick - mortimer s . palitz - alec wilder / egyéb közreműködők : regent music - good tunes music
since the switch in ownership last august , the acuff - rose division has yielded eight country singles . some of its best - known works are being featured in a popular off - broadway play about hank williams — a play that sony / acuff - rose now owns . other songs from the collection turn up regularly in movies , tv shows , national commercials , video games , toys , greeting cards and as the “ring tones” in cell phones . clearly , sony is well on its way to earning its investment back .
the online extension of billboard magazine , urltoken is the essential online destination for the music business .
szerző : fred wise / zeneszerzők : al frisch / egyéb közreműködők : erika publishing - myra music co . - bmg gold songs - bmg rights management - melodie der welt - memory lane music
acuff - rose was acquired by sony - atv . also , while mijac , which holds the copyrights to all of michael songs , is administered by sony / atv , sony / atv does not own the copyrights which are still wholly owned by the michael jackson estate .
bmi has played an active role in country music’s ascendance in the public arena since it opened doors in 1940 . several of the major firms to engage in the field - peer international , acuff - rose and hill and range - were early affiliates . a sign of how successful bmi’s efforts to assist in the growth of country music were is illustrated by the fact that by 1974 , bmi licensed 77 percent of the songs on the top 10 of billboard’s various country charts .
the 2 live crew , a rap music group , released for commercial distribution a version of acuff - rose music ' s copyrighted song ,
oh , pretty woman .
acuff - rose sued the 2 live crew , its individual members and its record company for copyright infringement and alleged pendent state law claims of interference with business relations and interference with prospective business advantage . defendants filed a motion for dismissal , which was treated as a motion for summary judgment . the district court granted summary judgment , holding that the 2 live crew had created a parody and that the parody was a non - infringing
fair use
of the song as defined by section 107 of the 1976 copyright act . 17 u . s . c . § 107 . we reverse .
szerző : henry creamer - turner layton / zeneszerzők : henry creamer - turner layton / egyéb közreműködők : mayfair music corp . - chappell & co . - chappell morris ltd . - warner chappell music international
acuff - rose music inc . cried copyright infringement . the case went to the supreme court , which , in so many words , said , lighten up . “parody , or in any event its comment , necessarily springs from recognizable allusion to its object through distorted imitation , ” wrote justice david souter . “its art lies in the tension between a known original and its parodic twin . ”
jackson stunned the music world in 1985 when he bought the beatles library , a move that music channel vh1 ranked no . 38 on its
most shocking moments in rock ' n ' roll
list .
szerző : king guion - renee borek guion - karl h . nutter / zeneszerzők : king guion - renee borek guion - karl h . nutter / egyéb közreműködők : bridgeport music inc . - kobalt music publishing
the parties dispute the above chronology . defendants contend that campbell intended all along to create a comic song and appropriately sought the permission of acuff - rose prior to doing so . acuff - rose sees fine ' s letter as a effort to create a revisionist history of legitimacy for an act of piracy . the district court found that
as clean as they wanna be
was released on july 15 , 1989 , subsequent to fine ' s letter to tiefer . campbell ' s intent is not dispositive of the case , but we note that this finding contradicts campbell ' s affidavit . the only support in the record for a july 15 release date is found in acuff - rose ' s response to the motion for dismissal , in which counsel asserted a release date
on or about july 15 , 1989 .
campbell ' s affidavit is a better factual source than counsel ' s contention
acuff - rose music , inc . , plaintiff - appellant , v . luther r . campbell , a / k / a luke skyywalker ; christopher wongwon , a / k / a fresh kid ice ; mark ross , a / k / a brother marquis ; david hobbs , a / k / a mr . mixx ; professionally known as 2 live crew ; luke skyywalker records , defendants - appellees .
acuff - rose music , inc . , plaintiff - appellant , v . luther r . campbell , a / k / a luke skyywalker ; christopher wongwon , a / k / a fresh kid ice ; mark ross , a / k / a brother marquis ; david hobbs , a / k / a mr . mixx ; professionally known as 2 live crew ; luke skyywalker records , defendants - appellees .
* fn2 the parties dispute the above chronology . defendants contend that campbell intended all along to create a comic song and appropriately sought the permission of acuff - rose prior to doing so . acuff - rose sees fine ' s letter as a effort to create a revisionist history of legitimacy for an act of piracy . the district court found that
as clean as they wanna be
was released on july 15 , 1989 , subsequent to fine ' s letter to tiefer . campbell ' s intent is not dispositive of the case , but we note that this finding contradicts campbell ' s affidavit . the only support in the record for a july 15 release date is found in acuff - rose ' s response to the motion for dismissal , in which counsel asserted a release date
on or about july 15 , 1989 .
campbell ' s affidavit is a better factual source than counsel ' s contention .
sarah skates has worked in the music business for more than a decade and is a longtime contributor to musicrow .
wesley rose was no chip off the old block . he was a bean counter , first and last . he knew nothing about music , and was a self serving drip who , had he not been fred’s son , would have been a cashier at a kroger’s .
“weird al” yankovic has a policy of writing a parody of a song only if he gets permission from the artist . in the late 1980s , the rap group 2 live crew attempted to play by the same rules . luther campbell , one of the group members , changed the refrain of roy orbison’s hit “oh , pretty woman” from “pretty woman” to “big hairy woman , ” “baldheaded woman” and “two - timin’ woman . ” 2 live crew’s manager sent the bawdy lyrics and a recording of the song to acuff - rose music inc . , which owned the rights to orbison’s music , and noted that the group would credit the original song and pay a fee for the ability to riff off of it . acuff - rose objected , but 2 live crew included the parody , titled “pretty woman , ” on its 1989 album “as clean as they wanna be” anyway .
we conclude that the district court erred in granting summary judgment to defendants . the four factors set forth in section 107 of the act support the conclusion that 2 live crew ' s use of acuff - rose ' s copyrighted song was not a fair use . we reverse and remand for proceedings consistent with this opinion .
we conclude that the district court erred in granting summary judgment to defendants . the four factors set forth in section 107 of the act support the conclusion that 2 live crew ' s use of acuff - rose ' s copyrighted song was not a fair use . we reverse and remand for proceedings consistent with this opinion .
during this timeframe , hollywood was having a major impact on country music , as many of these songs were written for movies . elsewhere , we have a bluegrass starter kit , a pot number , the first honky tonk song , and roy acuff engages in a little theft .
metro historic commissioner don cusic emceed the event . panelists included brenda colladay ( former archivist and curator for the grand ole opry museum ) , bobby braddock ( author of a life on music row , and member of the country music hall of fame ) and michael kosser , author of how nashville became music city u . s . a . )
jackson is said to be furious that sony music failed to release a charity track entitled what more can i give .
great history lesson triggerman . hell , i thought curb was the first prick of music row…he just inherited the crown .
jackson’s music catalog includes such beatles tunes as come together , we can work it out , hey jude and yesterday .
national advertising campaigns are using sony / acuff - rose’s “i love” to sell coors light beer , “you got it” to lure shoppers into target stores and “bread and butter” to make applebee’s restaurants more appetizing . “blue bayou” made its way onto the soundtrack of the recent movie dreamcatcher , while “long gone lonesome blues” landed in sweet home alabama .
on july 5 , 1989 , following release of the album , linda fine , general manager of luke records , wrote a letter to gerald tiefer of opryland music group ( of which acuff - rose is a part ) to
inform [ tiefer ] of ' two live crew ' s ' desire to do a parody
of
oh , pretty woman .
2 fine stressed that a parody was intended and that the popularity of 2 live crew ensured substantial sales :
for acuff - rose music , inc . , plaintiff - appellant : e . andrew norwood , briefed , 615 - 259 - 3456 , francis j . del casino , briefed , 615 - 259 - 3456 , r . eddie wayland , argued & briefed , 615 - 259 - 3456 , nora t . cannon , briefed , 615 - 259 - 3456 , king & ballow , 200 fourth avenue , n . , suite 1200 noel place , nashville , tn 37219 .
on july 5 , 1989 , following release of the album , linda fine , general manager of luke records , wrote a letter to gerald tiefer of opryland music group ( of which acuff - rose is a part ) to
inform [ tiefer ] of ' two live crew ' s ' desire to do a parody
of
oh , pretty woman .
* fn2 fine stressed that a parody was intended and that the popularity of 2 live crew ensured substantial sales :
peggy lamb , who licenses acuff - rose music for use in toys , greeting cards and other amusements , cites a series of current and upcoming applications . dino dance barney and kasey the kinderbot use “the hokey pokey . ” various dolls have digital chips that play “tennessee waltz , ” “your cheatin’ heart , ” “elvira” and “hey , good lookin’ . ” “oh , pretty woman , ” which wood says is the most popular acuff - rose song for cell phone ring tones , can also be heard in an alarm clock . “i fought the law” is the tune of choice for a dancing hamster and a singing turkey , according to lamb . the sony playstation game road rash opts for “mean machine . ” an elvis - themed slot machine favors “american trilogy , ” while another model slot — the sneeki tiki — blasts out “limbo rock . ”
1 rap has been defined as a
style of black american popular music consisting of improvised rhymes performed to a rhythmic accompaniment .
the norton / grove concise encyclopedia of music 613 ( 1988 ) . 2 live crew plays
[ b ] ass music ,
a regional , hip hop style of rap from the liberty city area of miami , florida . brief for petitioners 34 .
the district court determined that there were no genuine issues of fact material to the question of fair use in dispute , and that the case was therefore suitable for summary judgment . acuff - rose music , inc . v . campbell , 754 f . supp . 1150 , 1153 ( m . d . tenn . 1991 ) . the court then analyzed the factors by which an alleged infringing use is tested for fairness under section 107 of the act . id . at 1154 - 59 . 5
the district court determined that there were no genuine issues of fact material to the question of fair use in dispute , and that the case was therefore suitable for summary judgment . acuff - rose music , inc . v . campbell , 754 f . supp . 1150 , 1153 ( m . d . tenn . 1991 ) . the court then analyzed the factors by which an alleged infringing use is tested for fairness under section 107 of the act . id . at 1154 - 59 . * fn5
szerző : ira gershwin / zeneszerzők : george gershwin / egyéb közreműködők : new world music company - neue welt musikverlag - warner bros inc .
on monday evening , april 18 , belmont university and the metro historical commission held a special panel discussion titled a history of music row .
owned by mr . jackson , administered by warner chappell , on sony music labels , and is not a part of sony / atv .
“publishing companies in the past few year have become the gateway to recording deals , ” said kosser . “publishing companies are the artist development arm of the record companies , even if they are not related to particular ones . the record companies no longer pay a whole staff of a & r people . taylor swift’s recording deal began through what is now sony publishing . kenny chesney through acuff - rose…”
edward morris is a veteran of country music journalism . he lives in nashville , tennessee , and is a frequent contributor to cmt . com .
szerző : howard dietz / zeneszerzők : arthur schwartz / egyéb közreműködők : wb music corp . - neue welt musikverlag - warner bros . inc .
music publishing has its lore and legends . the story of michael jackson coming to own the rights to the beatles’ catalog is high on the list .
' s catalog is owned by sony / atv music publishing . . . . . . . 2 catalog growth , 1954 - 1984 3 sale to
bmi’s expanded presence in the nashville music community was further illustrated by the expansion of its offices in 1997 . moreover , the dominant presence of bmi in the country field is illustrated by the fact that over the last decade , 68 percent of the annual country music association awards and 62 percent of the academy of country music awards have been received by bmi songwriters . an astonishing 84 percent of the members of the country music association hall of fame are affiliated with bmi , including the late conway twitty , dolly parton , brenda lee , harlan howard and bmi’s late president and ceo frances w . preston .
while the recording of country music is said to have begun when fiddlin’ john carson laid down his version of “little old log cabin down the lane” for the okeh label in 1923 , the genre achieved mass - market appeal with the emergence of nashville as the capital of country music . . . read more
grand ole opry star roy acuff and songwriter - musician fred rose established the company in 1942 , a time when nashville had virtually no country music publishing activity . it didn’t take long for the business to catch on . in 1946 , it began publishing songs by a promising young newcomer , hank williams , and later added such lyrical heavyweights to its roster as the louvin brothers , leon payne , felice and boudleaux bryant , marty robbins , don gibson , roy orbison , john d . loudermilk , martha carson , the everly brothers , mickey newbury , liz anderson and dallas frazier .
szerző : edward heyman / zeneszerzők : john w . green / egyéb közreműködők : warner bros inc . - chappell & co . - warner chappell music international
though the everly brothers are considered more a product of the rock & roll world , their publishing and management resided on a multi - block stretch of road in nashville known as music row , and they arguably became one the first , and one the biggest casualties of that campus in the history of music .
in 1964 roy orbison and william dees wrote the song “oh , pretty woman , ” and assigned their rights to acuff - rose music , inc . ( acuff - rose ) ( plaintiff ) . in 1989 luther campbell and his group 2 live crew ( defendants ) wrote a song called “pretty woman , ” in which the group intended , “through comical lyrics , to satirize the original work . ” the 2 live crew song copied orbison’s opening bass riff and first line of lyrics , but generally , the 2 live crew song replaced orbison’s romantic lyrics with “degrading taunts , a bawdy demand for sex , and a sigh of relief for paternal responsibility . ” the district court granted summary judgment to 2 live crew . the united states court of appeals for the sixth circuit ( sixth circuit ) reversed , finding that the 2 live crew song’s “blatantly commercial purpose” prevented it from being a fair use , and that 2 live crew copied too much of orbison’s song to constitute fair use . the united states supreme court granted certiorari .
over the past eight months , tomlinson reports , the acuff - rose brand has graced the chart singles “red ragtop” ( tim mcgraw ) , “brokenheartsville” ( joe nichols ) , “ten rounds with jose cuervo” ( tracy byrd ) , “a lot of things different” ( kenny chesney ) , “beautiful goodbye” ( jennifer hanson ) , “the love song” ( jeff bates ) , “i believe” ( diamond rio ) and “country ain’t country” ( travis tritt ) .
not only did wesley rose screw things up for don & phil , his greed and pettiness also put a big dent into boudleaux & felice bryant’s earnings . no telling how many more hits they would of had together .
szerző : howard dietz / zeneszerzők : arthur schwartz / egyéb közreműködők : sylvia de brown - henderson inc . - chappell & co . - warner chappell music international
& your palestine statement - beside pop music consideration - is just supid , some things are too important and dramatic to be use as fashion of the moment .
the song , which he recorded with fellow music stars mariah carey and ricky martin , was meant to raise money for the victims of the 11 september terror attacks .
, and initially focused on country music - related original prog . . . . . . during tnn ' s first year of broadcasting , american general corporation , parent
i just finished reading — and vastly enjoying — a new book about the history of nashville radio station wsm . but craig havighurst’s air castle of the south : wsm and the making of music city , as its title says , is about much more . it explores how nashville came to be music city , the role of commerce in country music and country radio and the history of country radio itself . along the way , it examines such events as the rise and eventual destruction of the opryland usa amusement park and the near demise of powerhouse wsm - am as a country music radio station . and , as always , it’s a tale of commerce vs . art .
i’m not defending music row , by any means , but i think some of us are looking at the everlys’ battles with the nashville establishment through modern eyes . in the early sixties , music row , and the music business in general , were still ruled by the major record companies and music publishers . artistic freedom was unknown except for the biggest stars , and even they were constrained by the realities of the business . i’m not saying that the everly brothers shouldn’t have chosen to move to warner brothers , as they did . but they should have realized , or been told , that there was likely a price to be paid . that’s the way things worked back then .
one little known aspect of the band’s early history was that they were offered a music publishing deal shortly after the release of their first single , “love me do , ” with an established music publisher , dick james music . as was standard in the day – and remains largely the same today – the songwriting members of the band were offered a 50 - 50 deal under a new publishing company called northern songs , ltd . to minimize the beatles tax liability , the company was set up as a corporation .
rose ( who also wrote under the pseudonym “floyd jenkins” ) was a fountain of hits in his own right . his compositions included such durables as “blue eyes crying in the rain , ” “it’s a sin , ” “deep water , ” “roly poly , ” “fire ball mail , ” “’foggy river , ” “low and lonely , ” “pins and needles ( in my heart ) ” and “we live in two different worlds . ” among the many other early acuff - rose treasures were “tennessee waltz , ” “ashes of love , ” “bonaparte’s retreat , ” “cold , cold heart , ” “chattanoogie shoe shine boy , ” “your cheatin’ heart , ” “satisfied” and “a white sport coat ( and a pink carnation ) . ”
following the district court ' s determination that
pretty woman
was a parody , acuff - rose filed motions to distribute the funds deposited by 2 live crew with the clerk of court , and sought reconsideration of the fair use determination by introducing additional evidence on the question of the impact of the parody upon the market value of the copyrighted original . 6 based upon its determination of fair use , the district court granted summary judgment and ordered the funds returned to 2 live crew .
following the district court ' s determination that
pretty woman
was a parody , acuff - rose filed motions to distribute the funds deposited by 2 live crew with the clerk of court , and sought reconsideration of the fair use determination by introducing additional evidence on the question of the impact of the parody upon the market value of the copyrighted original . * fn6 based upon its determination of fair use , the district court granted summary judgment and ordered the funds returned to 2 live crew .
excellent write - up . i had never heard this story about the everlys getting screwed by music row . i had wondered why their popularity fizzled and this makes perfect sense .
wsm - am has been on the air since 1925 and , through thick and thin , has been the flagship of country music , and it deserves to be treated accordingly .
but what of the issue of michael jackson’s ownership of atv music and its subsidiary , northern songs ? it’s really much ado about nothing from the perspective of the music publishing world . catalogs are developed , exploited , valued , and sold on a regular basis . the 2012 sale of the emi music publishing catalog to sony / atv music , a deal valued at $ 2 . 2 billion dollars , is just the latest example . as part of this deal , michael jackson’s estate now owns their half of 38 % of the 1 . 3 million - song emi publishing catalog , which further highlights the long - reaching positive effects of his initial shrewd $ 47 . 5 million investment back in 1985 .
sony / atv music publishing , jointly owned by singer michael jackson and sony corporation of america , is one of the top publishing firms in the world . it is home to
in 1985 , gaylord entertainment bought acuff - rose for $ 15 million and put it under the control of veteran publisher jerry bradley . its value grew substantially every year afterward . in making the purchase , sony didn’t just buy the songs , however . it also hired key members of the team that had been working the songs , including troy tomlinson and mike whelan of the creative department ( whose function is to get songs recorded ) and marc wood , who heads the film and tv department .
“it’s a no - brainer to [ buy ] a play about a songwriter who’s prominent in your catalog , ” wood observes . “the play itself becomes publicity for the songwriter and his songs . through that publicity , you’re generating a new income stream because you’re selling tickets to the play . it’s kind of double - dipping . ” acuff - rose bought the play from authors randal myler and mark harelik while the company was still a gaylord property , and it became part of the sony / atv acquisition .
“one of the most important things to remember about music row in those days , is people flew by the seat of their pants . they weren’t afraid of anything , ” said kosser .
atv music was once the publishing arm of lord lew grade’s uk media empire , associated television ( atv ) . it had acquired northern songs ( the beatles’ publishing business ) in 1969 .
while the recording of country music is said to have begun when fiddlin’ john carson laid down his version of “little old log cabin down the lane” for the okeh label in 1923 , the genre achieved mass - market appeal with the emergence of nashville as the capital of country music . the public had associated the city with the genre since the first broadcast of the grand ole opry in 1927 , but publishers and record labels did not begin to open offices there in significant numbers until the late 1940s . the music industry itself only began to recognize the vitality of country music but a few years before . billboard started to trace the presence of the genre on jukeboxes in 1944 , established their country chart in 1948 and tracked radio airplay a year later in 1949 .
szerző : john h . mercer / zeneszerzők : harold arlen / egyéb közreműködők : edwin h . morris co . - chappell & co . - chappell morris ltd . - warner chappell music international
with the kind of odds of which you speak the only way the “best’ can rise to the top” is through sites like this as well as people like yourself and your involvement in what’s going on on music row . it breaks my country music lovin’ heart to see & hear what big business has done to my gawddamn radio as well as the talent that should be on it .
by him attacking sony , he is doing a lot for the present / future . he is making the world understand that recording labels are very difficult and will stop at nothing to destroy an artist . unlike mariah , george michael , etc . ; he is standing up to the boss and getting results . this way future artists will have a better chance . he isn ' t going to let the ppl . destroy him . he worked hard for a lot of things . he isn ' t just going to accept that ppl . don ' t like his image . his music is still good and he knows how to make him music be appreciated and charts - oriented . prince can be a star again if he made his music charts - oriented . but that is not his deal . not all of his music is good anyway . mj wants respect , fame , glory , etc . and he makes music ppl . want , love , appreciate .
source , a leading organization of women in the music business , will hold its annual awards dinner tonight at the musician’s hall of fame and museum . the source foundation awards , which honors the pioneering women who helped establish the foundation of the music industry , will celebrate 2009 honorees joyce jackson , peggy lamb , pat mccoy , sandy neese , margaret parker , and marion keisker macinnes ( posthumously ) .
i’m a fan of felice and boudleaux bryant… they did great work . but the everlys deserved to record whatevever they wanted . it seems like wesley rose would have ultimately made more money if he had allowed the everlys more creative freedom and presumably a longer run as successful pop artists .
the district court found that this factor weighed against a determination of fair use , and we agree . acuff - rose , 754 f . supp at 1155 - 56 . as a general rule , creative works - - literary works of fiction or artistic works - - are afforded greater protection from the fair use determination than are works of fact . harper & row , 471 u . s . at 563 ; new era publications , int ' l v . carol publishing group , 904 f . 2d 152 , 157 ( 2d cir . ) , cert . denied , _ _ _ u . s . _ _ _ , 111 s . ct . 297 , 112 l . ed . 2d 251 ( 1990 ) . the status of
oh , pretty woman
as a creative work is not contested . in determining whether this factor should weigh in favor of the copyright holder we also ask whether the work
represented a substantial investment of time and labor made in anticipation of financial return .
mca , inc . , 677 f . 2d at 182 . the record amply supports a finding in favor of acuff - rose on this factor .
there is no question in my mind that the song
oh , pretty woman
by roy orbison and william dees was intended for mr . orbison ' s country music audience and middle - america .
ultimately , the falling out between wesley rose and the everly brothers cost the duo their popular careers . though the brothers would go on many more years in the music business both as solo performers and with each other , they never came even close to their late 50’s , early 60’s prominence . even worse , the legal and financial issues created a strain between the two brothers that in many ways would last the rest of their lives , all the way up to the death of phil everly .