Green Day not liable for using artist's work at concerts

By Jonathan Stempel

Wed Aug 7, 2013 1:16pm EDT

n">(Reuters) - Dereck Seltzer wasn't happy when he learned that Green Day used his artwork without permission as a video backdrop at its concerts. But a federal appeals court on Wednesday said the popular rock band didn't violate his rights.

The decision by the 9th U.S. Circuit Court of Appeals in California, in what it called a "close and difficult case," can make it easier for performers to incorporate works of art to enhance the experience of concert fans, so long as they don't simply copy the artwork or diminish its value.

Seltzer, a Los Angeles illustrator, in 2003 created "Scream Icon," an abstract image of an anguished, contorted face that has been used on posters and plastered on walls as street art.

During a 2009 tour, Green Day, whose lead singer is Billie Joe Armstrong and which has sold more than 70 million records, used a version of the artwork covered by a red "spray-painted" cross in a video backdrop for its song "East Jesus Nowhere."

The version had been adapted from a photo of a weathered and torn copy of Seltzer's work posted on a brick wall on a corner of Sunset Boulevard in Los Angeles.

Seltzer sued after rejecting a proposed settlement that included concert tickets. But a federal district judge in Los Angeles in 2011 rejected his claims of copyright infringement and violations of the Lanham Act, a federal trademark law.

In upholding that decision, Circuit Judge Diarmuid O'Scannlain wrote for the 9th Circuit that Green Day's use of "Scream Icon" was fair, and was "transformative and not overly commercial" despite making few alterations.

"With the spray-painted cross, in the context of a song about the hypocrisy of religion, surrounded by religious iconography, (the) video backdrop using Scream Icon conveys new information, new aesthetics, new insights and understandings that are plainly distinct from those of the original piece," O'Scannlain wrote for a three-judge panel.

O'Scannlain said Seltzer's testimony that the value of his work wasn't affected, and the absence of the work from Green Day merchandise and promotional material, also weighed in the band's favor.

The 9th Circuit did overturn a $201,000 award of attorney's fees to Green Day. Even though Seltzer lost, it said, he had not been "objectively unreasonable" by suing.

Nathan Canby, a lawyer at Rosenfeld, Meyer & Susman representing Seltzer, did not immediately respond to requests for comment. Peter Anderson, a lawyer for Green Day, did not immediately respond to similar requests.

The case is Seltzer v Green Day Inc et al, 9th U.S. Circuit Court of Appeals, No. 11-56573.

(Reporting by Jonathan Stempel in New York; Editing by Vicki Allen)

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Madonna Concerts Threatened With Violence in Russia

by Billboard Staff  |   August 07, 2012 11:55 EDT

U.S. officials in Russia have received information regarding threats of physical violence against performers and spectators at a pair of Madonna concerts this week, and are urging U.S. citizens to "remain vigilant."

The U.S. Embassy in Moscow and the U.S. Consulate General in St. Petersburg issued the warning on Tuesday for U.S. citizens in Russia that are planning to attend Madonna's concerts in Moscow (Aug. 7) or in St. Petersburg (Aug. 9). The information has been shared with Russian authorities, who have indicated they will add increased security to the events.

"While we expect that enhanced security measures will be put in place at both concerts, U.S. citizens are reminded to remain vigilant regarding their personal security, and to be aware of their surroundings at all times, especially in crowded areas," the message reads.

It's unclear whether Madonna, on tour since late May, has been directly threatened or if U.S. officials have contacted her camp. A request for comment from LiveNation was not returned by press time.

Madonna wraps the European leg of her "MDNA" tour on Aug. 21 in Nice, France and then heads to North America to perform through mid-November. A South American leg begins in Colombia on Nov. 28 and will wrap on Dec. 22 in Argentina.

--

Read the Full Statement From the U.S. Embassy Below:

U.S. Embassy Moscow and U.S. Consulate General St. Petersburg

SECURITY MESSAGE FOR U.S. CITIZENS:
MADONNA CONCERTS

August 7, 2012

This is to alert U.S. citizens in Russia who are planning to attend the Madonna concerts in Moscow on Tuesday, August 7, or in St. Petersburg on Thursday, August 9, that the U.S. Consulate General in St. Petersburg has received information regarding a threat of physical violence against spectators and performers at the St. Petersburg concert on August 9.  The U.S. Embassy in Moscow and the U.S. Consulate General in St. Petersburg have shared the information with appropriate Russian law enforcement authorities.  Russian authorities have indicated to the Embassy that they are taking appropriate measures in light of this information.  While we expect that enhanced security measures will be put in place at both concerts, U.S. citizens are reminded to remain vigilant regarding their personal security, and to be aware of their surroundings at all times, especially in crowded areas.

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Elton John Cancels Three Concerts After Hospitalization

by Associated Press  |   May 24, 2012 2:15 EDT

Elton John is canceling three Las Vegas performances on doctors' orders after being hospitalized with a respiratory infection.

Officials with Caesars Entertainment say the Thursday, Saturday and Sunday performances of "The Million Dollar Piano" are being cancelled.

Show officials say Elton John came down with the infection last weekend and was admitted Wednesday to Cedars-Sinai Medical Center in Los Angeles. He was later released.

Elton John vs. Madonna, and More Famous Music Feuds

Doctors recommended he not perform for a week and take antibiotics.

The singer says in a statement that he's sorry he can't be with his fans at The Colosseum.

Ticket holders are eligible for refunds or exchanges at the site where they bought tickets.

"The Million Dollar Piano" launched in September for a three-year run and features the singer's classic songs.

© 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Neil Young launches film of storied benefit concerts

Canadian music legend Neil Young smiles while attending the Dreamforce event in San Francisco, California August 31, 2011.

Credit: Reuters/Robert Galbraith

By Ros Krasny

BOSTON | Wed Oct 19, 2011 6:25pm EDT

BOSTON (Reuters) - A concert DVD featuring Neil Young and a generation of music icons will launch this month with live screenings across the United States.

The movie and related CD collection showcases rare live, acoustic performances by many of music's biggest names, all of whom have played over the past 25 years at the annual Bridge School benefit concerts organized by Young and wife Pegi.

The more than two dozen artists range from Bob Dylan, Bruce Springsteen and Paul McCartney to David Bowie, Patti Smith and Metallica.

The film will screen for one night only, Oct 24, in 22 cities, coinciding with the CD and DVD release by Warner Bros. Records.

The charity concert is held annually at the outdoor Shoreline Ampitheater in Mountain View, California.

It supports The Bridge School, a facility for children with severe speech and physical impairments that specializes in alternative communication methods.

The Bridge School was founded in part by the Youngs, when they were unable to find a suitable learning environment for their son Ben, who has cerebral palsy, and by Jim Forderer, another parent of a special needs child.

The first benefit concert was held in October 1986, and has been held each year apart from 1987, the year the educational program was launched.

The event has become a pilgrimage for Young's fans, nicknamed Rusties, many of whom hold their own gatherings around the time of the shows.

Young, the Canadian rocker, is heavily involved in selecting the show's lineups, which usually comprise a mixture of music legends and emerging talent.

This year's concerts will be held Oct 22 and Oct 23. Apart from Young, performers will include rockers Foo Fighters, crooner Tony Bennett, British folk rock band Mumford & Sons, and Pearl Jam's Eddie Vedder.

(Reporting by Ros Krasny; Editing by Jill Serjeant)

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Neil Young launches film of storied benefit concerts (Reuters)

BOSTON (Reuters) – A concert DVD featuring Neil Young and a generation of music icons will launch this month with live screenings across the United States.

The movie and related CD collection showcases rare live, acoustic performances by many of music's biggest names, all of whom have played over the past 25 years at the annual Bridge School benefit concerts organized by Young and wife Pegi.

The more than two dozen artists range from Bob Dylan, Bruce Springsteen and Paul McCartney to David Bowie, Patti Smith and Metallica.

The film will screen for one night only, Oct 24, in 22 cities, coinciding with the CD and DVD release by Warner Bros. Records.

The charity concert is held annually at the outdoor Shoreline Ampitheater in Mountain View, California.

It supports The Bridge School, a facility for children with severe speech and physical impairments that specializes in alternative communication methods.

The Bridge School was founded in part by the Youngs, when they were unable to find a suitable learning environment for their son Ben, who has cerebral palsy, and by Jim Forderer, another parent of a special needs child.

The first benefit concert was held in October 1986, and has been held each year apart from 1987, the year the educational program was launched.

The event has become a pilgrimage for Young's fans, nicknamed Rusties, many of whom hold their own gatherings around the time of the shows.

Young, the Canadian rocker, is heavily involved in selecting the show's lineups, which usually comprise a mixture of music legends and emerging talent.

This year's concerts will be held Oct 22 and Oct 23. Apart from Young, performers will include rockers Foo Fighters, crooner Tony Bennett, British folk rock band Mumford & Sons, and Pearl Jam's Eddie Vedder.

(Reporting by Ros Krasny; Editing by Jill Serjeant)

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Katy Perry cancels concerts after food-poisoning (Reuters)

LOS ANGELES (TheWrap) – When Katy Perry opens her mouth to sing, something beautiful tends to come out. When she opens her mouth to eat? Maybe not so much.

The "Teenage Dream" singer was forced to cancel a pair of concerts for Friday and Saturday after suffering a bout of food poisoning and severe dehydration, according to her official website.

The concerts, which were to occur in Chicago and St. Paul, have been rescheduled for next month. Perry fought through the illness to fire up her Twitter account and announce the new dates on Friday, writing, "Chicago and St. Paul -- I'm so sorry to have to postpone today and tomorrow's shows. But I'll be back 8/21 (CHI) and 8/23 (St. Paul)!"

Perry noted in a statement, "I am going to return in a few weeks to give them the very best show ever!"

Perry's next concert is scheduled for Regina, Saskatchewan, on Wednesday.

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Katy Perry cancels concerts after food-poisoning

Singer Katy Perry poses on arrival at the 53rd annual Grammy Awards in Los Angeles, California February 13, 2011.

Credit: Reuters/Danny Moloshok

By Tim Kenneally

Fri Jul 8, 2011 8:00pm EDT

LOS ANGELES (TheWrap) - When Katy Perry opens her mouth to sing, something beautiful tends to come out. When she opens her mouth to eat? Maybe not so much.

The "Teenage Dream" singer was forced to cancel a pair of concerts for Friday and Saturday after suffering a bout of food poisoning and severe dehydration, according to her official website.

The concerts, which were to occur in Chicago and St. Paul, have been rescheduled for next month. Perry fought through the illness to fire up her Twitter account and announce the new dates on Friday, writing, "Chicago and St. Paul -- I'm so sorry to have to postpone today and tomorrow's shows. But I'll be back 8/21 (CHI) and 8/23 (St. Paul)!"

Perry noted in a statement, "I am going to return in a few weeks to give them the very best show ever!"

Perry's next concert is scheduled for Regina, Saskatchewan, on Wednesday.

View the original article here

Dave Matthews takes break from road, not concerts (AP)

NEW YORK – Dave Matthews has just started a telephone interview when the shrieks of a child interrupt his thoughts and he has to go to another room to escape the commotion.

"It's not easy to find a quiet place in my house," quips the leader of the Dave Matthews Band. "There's a lot of action."

But it's that kind of action with his 3-year-old son and two 9-year-old daughters that Matthews was craving when he decided last year, after spending 20 years on the road, to take a hiatus from touring.

However, the 44-year-old rocker's love of music couldn't keep him away from the stage for long, and this summer, the band — which includes Carter Beauford, Boyd Tinsley and Stefan Lessard — is performing in four cities — three nights in each city — in a "caravan" of concerts.

The concerts in Atlantic City, N.J.; Chicago; New York; and George, Wash., features the Dave Matthews Band as headliners and includes acts like the Flaming Lips, Ray LaMontagne, the Roots and Dispatch. The acts will vary in each city.

"I hope that people will go away from it, probably a little exhausted, but feeling like they had a really special experience," Matthews said.

AP: When you ended your tour, people assumed that was it for a while. What made you decide to do the "caravan"?

Matthews: There's some different reasons. A lot of the guys wanted to play and I love playing with this band. I've just been wanting to take a break from being on the road. ... I'm not as up for the crazy tour schedule this year ... but I still love playing music. It does seem like a good way not to live on a bus and go to someplace and see some good musicians play, and then work a little bit.

AP: What have you been doing during your time off?

Matthews: I've just been with my family and nothing else. ... Last year I spent was away from my family a lot. It's hard for me to leave my kids, and it's harder on me than it is on them. It's funny, I get a little quieter with time. I don't want to chase my tail and one day repeat myself and repeat myself and one day have kids going to college and not have memories that I should, because I was too busy doing my thing. ... I'm always playing music and trying to make new sounds, but mainly, it's been trying to hear theirs.

AP: Do you think your break might be a little bit more extended, or do you not want to put a timetable on it?

Matthews: I'd like to get into writing again and I think a lot of it for me is just trying to figure out how I can do both, and a lot of people have done it. ... It's a hard switch, but I'm working on trying to figure out how to do it. I don't want to stop — I don't think I really can stop making music. ... I'm not planning going into the studio for a specific month or anything like that. But I imagine I am going to. I don't see an end to that.

AP: There's a new book, "So Much to Say: Dave Matthews Band — 20 Years on the Road." What are some of the things included in the book that might surprise people?

Matthews: You know what's going to make you laugh? My mother told me there was some book out about us, and that's the first I heard of it. ... I had no idea. I am so in the dark about everything, which is OK. I've always kind of been, I've never really kept up with the culture around me, so it's not surprising that some book came out and I was oblivious about it. ... I have yet to see it. ... I have a pretty good idea of what happened in the last 20 years, and there's a lot of books out there that are about other things that I would much rather read than read a book that has details of my life.

AP: You have talked about trying to do things that might better the world. What are some of the projects you'd like to tackle?

Matthews: I think it's always on my mind and all of our minds, especially when I became a father, about what kind of planet I'm leaving for my children, and so that preoccupies me a little bit, and then opportunities tend to come up because there are people that are more directly focused on more specific ways into improving or sustaining a healthier direction for the planet.

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Online:

http://www.davematthewsband.com

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